The Urgency of Regulating Black Campaigns on Social Media in General Elections

Abstract

This study aims to determine and analyze the regulations governing black campaigns on social media in the current general election. To determine and analyze the weaknesses of regulations governing black campaigns on social media in the current general election. To determine and analyze the formulation of regulations governing black campaigns on social media in the general election in Indonesia. This study is a normative juridical type, the method of legislative approach, case approach, the research specifications are descriptive analysis, the data sources used are secondary data taken from primary legal materials, secondary legal materials, tertiary legal materials, data collection methods through literature studies and analysis techniques using qualitative. The results of the study show that the regulations governing black campaigns on social media in the current general election are regulated in Article 280 paragraph (1) of Law Number 7 of 2017 concerning Elections and Article 28 paragraph (2) of Law Number 1 of 2024 concerning Amendments to Law Number 19 of 2016 concerning Information and Electronic Transactions, both of which are related to regulating political campaign behavior in the digital space. There are weaknesses in legal substance, namely the disharmony of norms between Article 280 paragraph (1) of Law Number 7 of 2017 concerning Elections and Article 28 paragraph (2) of Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE). Weaknesses in the legal structure include the lack of transparency from political parties and candidates in terms of registering social media accounts for campaigns, minimal supervision and enforcement, a long-consuming digital forensic process, and a lack of human resources. Weaknesses in legal culture include a lack of political ethics, a desire to tarnish the reputation of opponents and win the competition, and low digital literacy among the public. The formulation of the regulation of black campaigns on social media in general elections in Indonesia is that the author offers a new paradigm in viewing the relationship between Article 280 paragraph (1) of the Election Law and Article 28 paragraph (2) of the ITE Law in a complementary manner. This is an original contribution to building a model for regulating digital black campaigns that is adaptive, progressive, and fair for the Indonesian democratic system.