Criminal Liability for Perpetrators of Hate Speech via Social Media in Indonesia

Abstract

The development of social media makes it easier to communicate, express opinions, and disseminate information, but it also opens up space for the emergence of hate speech as a form of cybercrime. This study aims to analyze the definition of cybercrime, determine the scale of hate speech acts through social media, and analyze the criminal liability of perpetrators under Indonesian law. The study uses empirical legal methods by observing social phenomena in cyberspace and linking them to relevant laws and regulations. The analysis is based on the 1945 Constitution of the Republic of Indonesia, Law Number 11 of 2008 concerning Information and Electronic Transactions, and Law Number 19 of 2016 as its amendment. The results of the study indicate that freedom of expression on social media has limits when used for insults, provocation, incitement, defamation, or the spread of hatred that violates the law. Criminal liability is necessary to provide protection for victims while maintaining legal certainty, justice, and benefits. Law enforcement requires public understanding so that social media use takes place responsibly and in accordance with the rules.