Penegakan Hukum Atas Tindak Pidana Ujaran Kebencian Di Media Sosial Berdasarkan Pasal 27 Dan Pasal 28 Undang-Undang ITE

Abstract

This study aims to analyze the legal framework and law enforcement efforts concerning the criminal offense of hate speech on social media based on Articles 27 and 28 of the Law on Electronic Information and Transactions (Electronic Information and Transactions Law/ITE Law). The development of information and communication technology has encouraged the increasing use of social media as a means of public interaction, but it has also created opportunities for various forms of misuse, including hate speech that may disrupt public order and undermine social harmony. This study employs a normative legal research method using a statutory approach and a conceptual approach. The legal materials consist of primary legal materials in the form of relevant laws and regulations, particularly the ITE Law, as well as secondary legal materials, including legal literature, scientific journals, and other relevant documents. The results show that the legal regulation of hate speech on social media has been addressed under the ITE Law, particularly Article 27, which regulates the prohibition of distributing or transmitting content involving decency violations and defamation, and Article 28, which regulates the dissemination of information that incites hatred or hostility based on ethnicity, religion, race, and intergroup relations (SARA). Law enforcement against these offenses is carried out by law enforcement authorities using electronic evidence as a basis for establishing proof. Law enforcement efforts include preventive measures through education and digital literacy, as well as repressive measures involving investigation, criminal investigation, and the imposition of criminal sanctions. Therefore, synergy among the government, law enforcement authorities, and society is necessary to create a safe and equitable digital environment.