Legal Analysis of the Spread of Fake News on Social Media Based on Pancasila Justice

Abstract

The crime of spreading fake news is a threat to society as social media users because of the large amount of news circulating online. Therefore, as a wise person in responding to this, the public must select every news that appears. The purpose of this study is to determine and analyze the legal construction of the spread of fake news on social media based on justice, to identify and analyze the weaknesses of the law against the spread of fake news on social media in Indonesia. This legal research is normative legal research. The spread of fake news on social media is increasingly widespread due to technological developments that are not balanced with digital literacy, thus triggering social unrest, conflict, and disintegration, while legal frameworks such as the Criminal Code and the ITE Law often cause problems due to their vague, overlapping definitions and the potential to silence expression. The Constitutional Court's decision emphasized the need for limited interpretation so that the articles on fake news are only applied to actions that pose a real risk. However, its effectiveness remains hampered by weaknesses in the law enforcement structure, minimal capacity of officers, lack of coordination, and a permissive and easily provoked community culture. To address this, Indonesia needs to learn from the German and Singaporean models, which emphasize the shared responsibility of the government, digital platforms, and the public through mechanisms for rapid content removal, public correction, and increased digital literacy. This ensures that handling hoaxes is not merely repressive but also creates a healthy, fair, and democratic digital space.