Human Rights Perspective on Article 27(3) of Indonesia's Electronic Information Law

Effendi Kusuma
Sadjijono
Effendi Kusuma: Universitas Bhayangkara Surabaya
Sadjijono: Universitas Bhayangkara Surabaya

Abstract

Advances in information technology have had a positive impact, as well as a negative impact which has opened up space for effective means of unlawful acts that have given rise to new laws, namely cyber crime. With the emergence of various new criminal acts in cyberspace, Law Number 11 of 2008 concerning Information and Electronic Transactions was formed as amended to Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions ( ITE Law). The purpose of this study was to find out the legal concept of Article 27 paragraph (3) of the ITE Law regarding insult and/or defamation, whether this article violates the Human Rights Law on freedom of expression. This study uses a normative legal research method using a statutory approach case approach and conceptual approach. The norm in Article 27 paragraph (3) of the ITE Law, as the Constitutional Court Decision Number 50/PUU-VI/2008 Jo. Number 2/PUU-VII/2009 explains that the validity and interpretation of this article still refers to Articles 310 and 311 of the Criminal Code as the Genus of Delict. And this article does not conflict with the Human Rights Law as many people think. For this reason, in conveying opinions, everyone should continue to heed existing norms or legal norms so that they do not end in crime and create harmony and peace in the life of society, nation and state.