information, and adding new friends, with all the
features it has. Communication in social media
becomes very easy because communicating using
social media is no longer limited by distance, time,
and space. Communication can occur anywhere,
anytime, and even without having to meet face to
face. "
This means that the use of massive
communication technology can be found in various
places and situations, we can easily meet people who
are interacting with other parties who are connected
through its gadgets. In the domestic sphere, from the
living room to the bedroom, communication
technology is scattered side by side with human life.
The more prominent the role of communication
technology in our midst, it can be seen clearly that
lifestyle changes that occur apply in almost all circles,
children, adolescents and adults.
3.2 Law in Indonesia
Law enforcement in Indonesia has difficulty in
dealing with the phenomenon of electronic crime
(cybercrime). This is because there are still very few
law enforcement officers who understand the ins and
outs of information technology (internet). Then, law
enforcement officials in the regions were not ready to
anticipate the rise of this crime because there are still
many law enforcement officials who have not been
literate about technology. Then there are still many
law enforcement institutions in the regions that are
not yet supported by the Internet network.
Throughout 2018 there were 292 cases related to the
ITE Law. This number has doubled compared to the
previous year with a total of 140 cases. Defamation is
the most favorite criminal case with 149 cases.
Followed by hate speech cases with 81 cases. The
case of violating decency was in third place with 71
cases. As many as 35.92 percent of people who
reported cases of the ITE Law were state officials,
including regional heads, agency / department heads,
ministers, and security forces. Lay reporters
accounted for 32.24 percent (Kominfo 2019) The
Articles in the ITE Law that are often used to
prosecute such cases are Article 27 paragraph 3
regarding defamation and/or defamation. Article 28
paragraph (3) juncto Article 45 paragraph (2) of the
ITE Law relating to the spread of SARA-based hatred
then Article 28 paragraph 2 juncto Article 45
paragraph 2 of Law Number 11 Year 2008
concerning Information and Electronic Transactions
(ITE) because it was intentional or without the right
to spread misleading information and article 29
paragraph (1) concerning Extortion and Threats
(Lubis and Maulana, 2010: 13-20).
The problem is the duplication of criminal acts
regulated in the ITE Law is also contained in the
criminal provisions in the Criminal Code (KUHP),
namely Article 156 of the Criminal Code concerning
hatred and contempt for race, country of origin,
religion, place, origin, ancestry, nationality or
position according to the constitutional law with the
threat of imprisonment for 5 years as well as Article
310 of the Criminal Code and Article 311 of the
Criminal Code concerning defamation with the threat
of imprisonment of 5 years (Moeljatno, 2007: 23)
Herein lies the problem where the legal translation is
vulnerable to multiple interpretations. Because the
position of expert witnesses is very influential on the
interpretation of violations of the ITE Law which is
also contained in the Criminal Code (KUHP). This
multi-interpretation article has the potential to be
misused to threaten freedom of expression because it
depends on the opinion of expert witnesses in court.
This condition certainly has the potential to impede
the freedom of expression of citizens regulated in
article 28 of the 1945 Constitution concerning
freedom of opinion.
3.3 Revision of the ITE Law
The birth of the ITE Law cannot be avoided from the
protest movement of social media users throughout
Indonesia. Especially in the defamation article which
invited strong reactions from netizens who felt that
their freedom of opinion on social media was limited
and unsettled by various 'victims' who reported using
ITE Law article 27 paragraph 3. Therefore, detainees
must monitor their own behavior as if they are being
watched. Even though social media users are not
being directly monitored, these controls are
internalized by each individual social media user to
discipline themselves through cyber bodies.
Specifically, there are a number of articles of Law
Number 19 of 2016 concerning Information and
Electronic Transactions (UU ITE), namely 27
paragraph (1) and paragraph (3), article 28 paragraph
(2), and article 29 of the ITE Law (PDF). In addition,
the reporter also ensnared the reported party with
article 156 of the Criminal Code and articles 310-311
of the Criminal Code. The most widely used article is
27 paragraph 3 related to defamation.
Technically there are duplications in the laws that
appear in article 349 paragraph (1) of the Criminal
Code Bill and article 28 paragraph 2 of the ITE Law.
Article 349 paragraph (1) of the Criminal Code Bill
reads:
"Everyone who broadcasts, displays, attaches
writings or pictures, or plays a recording, including