Abstract

Information technology has a very important role, both now and in the future. In reality, although there are a number of laws and regulations that prohibit hate speech in public spaces, there are still few people who realize that this act is a violation of the law, not only the perpetrators but also the victims and even the officers. This journal aims to find out the implementation of Law No.19 of 2016 concerning Information and Electronic Transactions in the development of criminal crimes that occur in Indonesia, especially in cybercrimes. The author intends to directly describe social phenomena based on indicators whether or not the phenomenon under study regarding the implementation of the Law on Information and Electronic Transactions and Pancasila regarding law enforcement related to cybercime in Indonesia is currently happening. Therefore, it is the joint responsibility of the government, law enforcement officers/Polri and TNI as well as all elements of society to combat the turmoil of cyber crime, SARA, etc., based on relevant legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials. The basis for law enforcement that can answer the demands of society must be responsive law, otherwise the law will lose its spirit. Morals and justice are the spirit of the law. Legal reform must look back at the solidity of morality that lives, grows and develops in society. Against this note, the author views that the choice of revision of the Law on Information Electronic and Transactions does not have to come from the DPR. The President as one of the law-forming institutions, based on the provisions of Article 5 paragraph (1) of the 1945 Constitution of the Republic of Indonesia is also authorized to propose revisions to the Law Information and Electronic Transactions which urgently needs to be carried out.

Highlights

  • This era of digitalization has led to increasingly sophisticated information and communication technologies

  • It is the joint responsibility of the government, law enforcement officers/Polri and TNI as well as all elements of society to combat the turmoil of cybercrime, SARA, etc., based on relevant legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials. with open and closed questionnaires, using interview techniques based on initial data that the authors obtained previously

  • The most widely used articles of the information and electronic technology (ITE) Law relate to information content containing insults and defamation (45%), those containing hate speech (22%), those that violate decency (14%).Based on these records, it shows the reality that the provisions in the ITE Law in practice have the potential to be used as a tool to limit freedom of expression

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Summary

INTRODUCTION

This era of digitalization has led to increasingly sophisticated information and communication technologies. We can observe that in the environment around us many things have changed, ranging from the way we communicate, seek information, to seek entertainment Social media networks such as Facebook, Instagram, Twitter, YouTube, Line, Whatapps, etc., have a very good position. The emergence of parties that disrupt public peace is a side effect of the internet, especially the virtual world of Facebook, Instagram, Whatapps, and etc as a forum for gossip and other social media as dirty political communication tools. Based on the description of the background above, it turns out that the rapid development of science and technology as well as information is always followed and accompanied by the development of increasingly sophisticated and advanced crimes or acts in society This is marked by the rapid development of ways to commit crimes (modus operandi) and the tools they use. It is necessary to know more about the crime of spreading false news (hoax), how to regulate the crime of spreading false news (hoax)[5] and its application in the Electronic Transaction Information Law itself

METHODS
RESULT
Cybercrime Increases Sharply from Time to Time and How to Prevent it
Findings
CONCLUSION
Full Text
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