Jurnal HAM
Vol 12 No 3 (2021): Edisi Desember

The Indonesian Electronic Information and Transactions Within Indonesia's Broader Legal Regime: Urgency for Amendment?

Tasya Safiranita (Center for Cyber Law and Digital Transformation Studies, Faculty of Law, Universitas Padjadjaran Bandung)
Travis Tio Pratama Waluyo (Center for Cyber Law and Digital Transformation Studies, Faculty of Law, Universitas Padjadjaran Bandung)
Elizabeth Calista (Center for Cyber Law and Digital Transformation Studies, Faculty of Law, Universitas Padjadjaran Bandung)
Danielle Putri Ratu (Center for Cyber Law and Digital Transformation Studies, Faculty of Law, Universitas Padjadjaran Bandung)
Ahmad M. Ramli (Center for Cyber Law and Digital Transformation Studies, Faculty of Law, Universitas Padja)



Article Info

Publish Date
31 Dec 2021

Abstract

Cyberspace is the interdependent network of information technology infrastructures such as the internet, telecommunications networks, and computer systems. Meanwhile, Indonesia's Law Number 11 of 2008 and its amendment through Indonesian Law Number 19 of 2016 governing cyberspace have been viewed to contradict and infringe other areas of law, such as protection of press or freedom of expression. Hence, this study seeks to identify the controversies and problems regarding the law deemed urgent for amendment. Further, this study creates recommendations so the government may amend electronic information policy more fairly and efficiently. This study uses a judicial normative and comparative approach. This research tries to analyze the existing regulations and the implementation and compare Indonesia's cyberspace regulation with other States'. This study finds that Articles 27(3) and 28(2) of the law criminalize defamation and hate speech in an overly broad manner and that Article 40(2)(b) allows the government to exercise problematic censorship. As a result, they have infringed the freedom of the press and general freedom of expression in practice. In response to this, this study compares similar provisions from other States and recommends amendment the articles to become narrower and more clearly defined.

Copyrights © 2021






Journal Info

Abbrev

ham

Publisher

Subject

Description

Focus and Scope Given that the study of human rights involves many scientific elements that are interdisciplinary in nature, Jurnal HAM accepts submissions of scientific articles discussing human rights in Indonesia and beyond from the lens of, but not limited to, legal studies, social sciences, ...