Criminal Sanctions against Hate Speech (Hoax) Actors in Indonesian Positive Law and From the Perspective of Islamic Law

Abstract

In the modern era, with the massive development of social media, it is very necessary to have limits on expression so that no party feels disadvantaged because of someone's words or actions on social media. The problem that often arises due to the development of social media is the problem of hate speech. Islam as a perfect religion also regulates the problem of hate speech, therefore the purpose of this study is to analyze criminal sanctions against perpetrators of criminal acts of hate speech according to positive law in Indonesia and from the perspective of Islamic law and its contribution. The method in this study is normative juridical, with the main data source being secondary data obtained through library research in the form of regulations currently in effect in Indonesia, literature books, research results and journals as well as theory from legal experts, the research results were analyzed using a qualitative descriptive method. Research results In Indonesia freedom of expression is a constitutional right of every citizen which is explicitly guaranteed by the 1945 Constitution. 6 (six) years and/or a maximum fine of Rp. 1,000,000,000.00 (one billion rupiah). According to Islamic law, the penalty for spreading hate speech is ta'zir, namely sanctions that are not determined by Islamic law but are fully handed over to the authorities with a measure of benefit, both benefiting the perpetrators, victims and Public. The sanctions vary depending on the perpetrator and the type of action with the measure of benefit between the lightest penalties such as a warning to imprisonment.