Journal of Innovative and Creativity
Vol. 5 No. 2 (2025)

Analisis Yuridis Penerapan UU ITE dalam Pemberantasan Ujaran Kebencian SARA di Media Sosial: Studi Putusan Nomor 949/Pid.Sus/2020/PN.Jkt.Utr

I Gede Sukadenawa Putra (Universitas Islam Batik Surakarta)
Ismiyanto Ismiyanto (Universitas Islam Batik Surakarta)
femmy silaswaty faried (Universitas Islam Batik Surakarta)



Article Info

Publish Date
28 Aug 2025

Abstract

This study aims to identify and analyze the application of Article 45A paragraph (2) of the ITE Law in combating SARA hate speech on social media through a study of Decision Number 949/Pid.Sus/2020/PN.Jkt.Utr. This type of research uses normative legal research with a case approach and statutory approach. The research location focuses on court decisions and related legal materials. The data collection technique is through literature study and document analysis. Qualitative data analysis techniques are used. The results of this study show that the application of Article 45A paragraph (2) of the ITE Law faces challenges in proving elements of intent, ambiguity in legal interpretation, and technical obstacles in digital law enforcement. The court decision serves as an important precedent in affirming the boundaries between freedom of expression and hate speech. This study recommends the need to strengthen digital forensic capacity, formulate more measurable legal guidelines, and a balanced legal approach to maintain human rights and public order in digital space.

Copyrights © 2025






Journal Info

Abbrev

joecy

Publisher

Subject

Education Languange, Linguistic, Communication & Media Mathematics Social Sciences Other

Description

Journal of Innovative and Creatifity (JOECY) publishes research articles in the field of education which report empirical research on topics that are significant across educational contexts, in terms of design and findings. The topic could be in curriculum, teaching learning, evaluation, quality ...