The Easta Journal Law and Human Rights
Vol. 4 No. 02 (2026): The Easta Journal Law and Human Rights (ESLHR)

Hate Speech and Offensive Speech in Indonesian Law, Alignment with the Rabat Plan of Action (RPA)

Febryani, Evy (Unknown)



Article Info

Publish Date
28 Feb 2026

Abstract

The regulation of hate speech and offensive speech has become a critical issue within Indonesian law, particularly in the context of expanding digital communication and increasing public discourse on social media platforms. This study aims to examine the normative construction of hate speech and offensive speech in Indonesian legal frameworks and to assess their alignment with the Rabat Action Plan (RPA) through a normative juridical analysis. The research employs doctrinal methods by analyzing statutory provisions, legal principles, and international human rights standards, focusing on the six-part threshold test of the RPA, which includes context, speaker, intent, content or form, extent of dissemination, and likelihood of harm. The findings indicate that Indonesian law demonstrates a strong commitment to maintaining public order and social harmony; however, several legal provisions remain broadly formulated, creating potential overlap between hate speech and offensive speech. The absence of a structured analytical framework may lead to inconsistent interpretation, particularly regarding intent and demonstrable harm. Comparative analysis reveals that while Indonesian regulations share similar objectives with the RPA, greater emphasis on proportionality, contextual assessment, and clear legal thresholds is needed to ensure compatibility with international human rights standards. This study contributes to the discourse on legal harmonization by offering a normative evaluation of speech regulation in Indonesia and highlighting the importance of balancing freedom of expression with the protection of vulnerable groups in the digital era.

Copyrights © 2026






Journal Info

Abbrev

eslhr

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Associated with the Eastasouth Institute, the ESLHR - The Easta Journal Law and Human Rights is a three-times-a-year publication and aims to publish scientific papers on issues involving Law and Human Rights, from an interdisciplinary perspective, encouraging the dialogue with other areas of Law and ...