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All Journal Legal Note
Oktavia , Dina
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Law, Crime, Criminology & Criminal Justice

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Efektivitas Penegakan UU ITE terhadap Kasus Penyebaran Konten Palsu: Studi Kasus di Pengadilan Negeri Jakarta Cahya, Lira; Oktavia , Dina; Putri, Sania
Legal Note Vol. 2 No. 1 (2026): Legal Note, January 2026
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Kalibra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70716/legalnote.v2i1.194

Abstract

The spread of fake content or hoaxes through social media threatens social stability in Indonesia, with the ITE Law serving as the primary cyber law enforcement instrument. This study analyzes the effectiveness of ITE Law enforcement through a case study of Decision No. 203/Pid.Sus/2019/PN Jkt.Sel at the South Jakarta District Court using Soerjono Soekanto's legal effectiveness theory framework. Normative juridical methods were employed with statutory and case approaches examining court decisions and secondary documents from accredited journals. Results indicate repressive effectiveness through Articles 28(1) and (3) with penalties up to 6 years imprisonment, yet hindered by unclear definition of "disturbance" limited by the Constitutional Court. Analysis of five legal effectiveness factors (substance, structure, culture, facilities, and society) reveals primary weaknesses in legal culture and enforcement facilities. Recommendations include revising hoax definitions, strengthening cyber patrol units, and judicial training to balance law enforcement with freedom of expression.
Co-Authors Cahya, Lira Putri, Sania