Manuscript Title:

LEX INFORMATICA THEORY APPROACH AS AN ARCHITECTURE TO PREVENT AND HANDLE HATE SPEECH IN CYBERSPACE

Author:

FAHMI ALI RAMDHANI, MEI GUMELAR, DENI HANDIANI, SHIDQI NABIEL, MOHAMMAD OBAY HASAN SOBANDI

DOI Number:

DOI:10.5281/zenodo.8424414

Published : 2023-10-10

About the author(s)

1. FAHMI ALI RAMDHANI - Faculty of Law, University of Islam Nusantara.
2. MEI GUMELAR - Faculty of Law, University of Islam Nusantara.
3. DENI HANDIANI - Faculty of Law, University of Islam Nusantara.
4. SHIDQI NABIEL - Faculty of Law, University of Islam Nusantara.
5. MOHAMMAD OBAY HASAN SOBANDI - Faculty of Law, University of Islam Nusantara.

Full Text : PDF

Abstract

Hate speech that evolves into hate speech can be categorized as a societal outbreak. In conjunction with this, cyber hatred is pertinent to the ongoing technological advancements. The evolution of cybercrime is intricately linked to the growing number of internet users in Indonesia. Hence, based on three key aspects: the proliferation of cyber haters involved in cybercrime, the correlation between cyber hatred and social media, and the acceleration pattern of cyber hatred within the socio-political landscape, this study seeks to investigate the prevention and management of hate speech regulations in Indonesia. The research methodology employed here is normative juridical, utilizing a comparative and statutory approach. The research findings suggest that the widespread practice of hate speech is a consequence of increased media usage. Consequently, this situation prompted the Indonesian National Police to issue Chief of Police Circular Letter Number SE/6/X/2015 on the Handling of Hate Speech. Hate speech has also been codified in the law, as evidenced in Article 28 jis. Article 45 paragraph (2) of Law No. 11/2008 on Electronic Information and Transactions (ITE Law), and in Article 16 of Law No. 40/2008 on the Elimination of Racial and Ethnic Discrimination. In this context, the lex informatica theory approach can be applied to cyberspace architecture, emphasizing the necessity of a legal framework to adapt traditional regulations into the digital realm. Essentially, what is deemed a legal violation in the physical world should also be recognized as a violation of the law in cyberspace.


Keywords

Lex Informatica; Prevention; Handling; Hate Speech; Cyberspace.