Journal of Innovation Research and Knowledge
Vol. 6 No. 5 (2026): Oktober 2026

Analisis Hukum Tentang Pertanggungjawaban Pidana Pelaku Ujaran Kebencian Melalui Media Sosial Berdasarkan Undang-Undang ITE

Ropi’i Ropi’i (Universitas Dr. Soetomo Surabaya)
Hartoyo Hartoyo (Universitas Dr. Soetomo Surabaya)
M. Taufik (Universitas Dr. Soetomo Surabaya)
Sri Sukmana Damayanti (Universitas Dr. Soetomo Surabaya)



Article Info

Publish Date
03 Oct 2026

Abstract

This study aims to normatively analyze the legal framework and criminal liability for perpetrators of hate speech disseminated through social media under Indonesia's Law on Electronic Information and Transactions. The study focuses on the provisions of Article 28 paragraph (2) in conjunction with Article 45A paragraph (2) of Law Number 1 of 2024 on the Second Amendment to Law Number 11 of 2008 on Electronic Information and Transactions, as well as their relationship with the Indonesian Criminal Code, particularly provisions concerning insult, provocation, discrimination, and the dissemination of hatred based on ethnicity, religion, race, and intergroup relations (SARA). This study employs a normative legal research method using statutory, conceptual, and case approaches. The results show that hate speech disseminated through social media constitutes a criminal offense specifically regulated under the ITE Law as a form of protection for public order, national unity, and the rights of individuals and communities against digitally based discriminatory acts. Criminal liability is based on the fulfillment of the element of intent in disseminating information that causes hatred or hostility toward individuals or groups based on SARA. In addition to imprisonment and fines, perpetrators may also be subject to additional criminal provisions under the Indonesian Criminal Code if their conduct fulfills the elements of other general criminal offenses. This study concludes that law enforcement against hate speech on social media requires legal certainty, proportional interpretation, and a balance between freedom of expression and the protection of social order

Copyrights © 2026






Journal Info

Abbrev

JIRK

Publisher

Subject

Humanities Economics, Econometrics & Finance Education Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Innovation Research and Knowledge, published by Bajang Institute. Published in two formats, print and online, print version of ISSN: 2798-3471 and the online version of ISSN: 798-3641, both of which are published every month. The scope of the journal studies broadly includes: Culture (a ...