Bestuur
Vol 11, No 2 (2023): Bestuur

The Urgency of Restorative Justice Regulation on Hate Speech

Bawono, Bambang Tri (Unknown)
Glaser, Henning (Unknown)



Article Info

Publish Date
19 Dec 2024

Abstract

Regulations on the imposition of criminal sanctions in cases of hate speech on social media are, at some point, considered to degrade human rights to express opinions in the context of a democratic country. This research aims to provide an overview of resolving hate speech cases on social media using a restorative justice approach and how regulations should be created and developed. This research uses normative legal research methods using statutory and conceptual approaches. The concept proposed refers to the theory of restorative justice and the theory of establishing appropriate regulations. This research indicates that until now, there has been no strong and adequate legal basis for implementing non-penal resolution of hate speech cases through a restorative justice approach. In the Criminal Code, which revokes the article regarding hate speech in the Information and Electronic Transactions Law both before and after the Constitutional Court Decision, there is no reference to using a restorative justice approach in resolving existing cases. It is urgent to regulate restorative justice arrangements to guarantee legal certainty for the parties by considering recovery for damage and losses victims suffer based on a mutually agreed agreement. Restorative justice can mediate accusations of degradation of freedom of opinion and can maintain democratic values. Based on the regulatory formation process theory, some factors must be considered in designing and making restorative justice arrangements in hate speech cases.

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Journal Info

Abbrev

bestuur

Publisher

Subject

Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

Description

The focus of BESTUUR is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Administrative Law. BESTUUR aims to provide a forum for lectures and researchers on applied law science to publish the original articles. The scope of BESTUUR interested in topics ...