Criminal Law Implication on the Spread of Hoax News on Social Media in the Perspective of ITE Law

The phenomenon of hoaxes on social media in Indonesia is a major challenge in the digitalization era, with false information often targeting sensitive issues and potentially triggering public unrest. The increase in internet users accelerates and expands the reach of hoaxes, especially on politics, health, and racial issues, which can lead to social instability. To combat this, the Electronic Information and Transaction Law (ITE Law) provides the legal basis for taking action against perpetrators of hoaxes, particularly through Article 28 Paragraph (1), which prohibits the dissemination of false information that is disturbing. However, the effectiveness of the ITE Law is still hampered by the unclear definition of hoaxes, technical challenges in tracking down perpetrators who often use fake identities, and limited capacity of law enforcement. On the other hand, people's low digital literacy increases the risk of inadvertently spreading hoaxes. Therefore, a normative juridical approach is used in this study to analyze the ITE Law regulation and its challenges, as well as to identify the need for integration between law enforcement and improving digital literacy as a strategic step in reducing the spread of hoaxes and maintaining social stability

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Publication Details

Journal
Journal Of Strafvordering Indonesian
Published
2024-11-28
DOI
https://doi.org/10.62872/10z57x15
Primary Topic
Regional Development and Environment
Type
article
Field-Weighted Citation Impact
0.00
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article

Criminal Law Implication on the Spread of Hoax News on Social Media in the Perspective of ITE Law

Arianus Harefa, Fariaman Laia
Journal Of Strafvordering Indonesian
Regional Development and Environment
article

Criminal Law Implication on the Spread of Hoax News on Social Media in the Perspective of ITE Law

Arianus Harefa, Fariaman Laia
article en

Abstract

The phenomenon of hoaxes on social media in Indonesia is a major challenge in the digitalization era, with false information often targeting sensitive issues and potentially triggering public unrest. The increase in internet users accelerates and expands the reach of hoaxes, especially on politics, health, and racial issues, which can lead to social instability. To combat this, the Electronic Information and Transaction Law (ITE Law) provides the legal basis for taking action against perpetrators of hoaxes, particularly through Article 28 Paragraph (1), which prohibits the dissemination of false information that is disturbing. However, the effectiveness of the ITE Law is still hampered by the unclear definition of hoaxes, technical challenges in tracking down perpetrators who often use fake identities, and limited capacity of law enforcement. On the other hand, people's low digital literacy increases the risk of inadvertently spreading hoaxes. Therefore, a normative juridical approach is used in this study to analyze the ITE Law regulation and its challenges, as well as to identify the need for integration between law enforcement and improving digital literacy as a strategic step in reducing the spread of hoaxes and maintaining social stability

Journal Of Strafvordering IndonesianVol. 1(5)
Openalex Percentile: Top 55%
Regional Development and Environment
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