The Juridical Formulation of Hate Speech Cyber Crime and Its Law Enforcement Implementation

Authors

  • Hadi Ismanto
  • Gunarto Gunarto
  • Sri Endah Wahyuningsih

DOI:

https://doi.org/10.30659/ldj.3.4.710-718

Keywords:

Cybercrime, Enforcement, Formulation, Speech, Hate, Juridical, Law.

Abstract

The purpose of this paper is to analyze the juridical formulation of Article 28 paragraph (2) and Article 45 paragraph (2) of the ITE Law and the implementation of law enforcement. The method used is normative juridical. The research results obtained that the juridical formulation of Article 28 paragraph (2) in conjunction with Article 45 paragraph (2) of the ITE Law, contains several juridical weaknesses that it does not formulate the qualifications of the offense whether it is "violation" or "crime" law enforcement. The origin of 28 paragraph (2) is proven through a meaningful analysis of the content of the accused's hate speech phrases that actually cause hostility, communal conflicts through the symbolization of religious figures.

Downloads

Published

2021-12-21

Issue

Vol. 3 No. 4 (2021): December 2021

Section

Articles

License

Authors who publish with this journal agree to the following terms:

  1. The journal holds the copyright for each article published with work licensed simultaneously under Creative Commons Attribution 4.0 International License, which allows others to share the work with an acknowledgment of the authorship and early publication of the work in this journal.
  2. Authors must agree to the copyright transfer agreement by checking the Copyright Notice column at the initial stage when submitting the article.
  3. The copyright of this document is owned by Journal Master of Law UNISSULA and is protected by law