Understanding what the ITE Law is and what is regulated in it

What is the ITE Law – In this day and age, there are several things that cannot be separated from the life of an individual in society. One of them is information technology. Information technology or if it is called in English, namely Information Technology is a very general term for any technology that can help humans change, create, store, communicate, and disseminate various kinds of information.

People who live in society are generally very dependent on information technology in their daily activities. For example, not many people can go through their daily lives without holding their cell phones. This shows that information technology is very vital in people’s lives. The greater the influence of technology in people’s lives, the greater the risk of misuse of information technology that we can do.

In fact, a lot of bad things can happen through information technology. Therefore, it seems that the government needs to feel that information technology does not only have to be considered, but also needs to be regulated in written law.

Currently, one of the legal instruments that regulate information technology is Law Number 11 of 2008 concerning Information and Electronic Transactions and Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions or Law ITE.

What is the ITE Law?

Surely many of us are still confused about what the ITE Law is? So, the ITE Law or the Electronic Information and Transaction Law is a law that regulates electronic information and electronic transactions. Electronic information here is as one or a set of electronic data, but not limited to writing. Which includes sound, maps, pictures, designs, electronic data interchange or EDI, photos, electronic mail or e-mail, telex, telegrams, letters, signs, symbols, access codes, or perforations that have been processed and have meaning and can be understood by people who can understand it. While electronic transactions are legal actions carried out by using computers, computer networks, and also other electronic media.

The Articles in the ITE Law

The presence of the ITE Law is indeed needed in social life, especially with the development of the times and technology which is very rapid. However, with all the functions and objectives of the promulgation of the ITE Law, there are still problems in its contents. Since the ITE Law was promulgated, criminal cases regarding insult involving internet users have begun to increase, especially in Indonesia.

But the problem is, Indonesia itself has geographical conditions which are one of its own challenges to improve access to justice for suspected perpetrators of internet abuse. Not only that problem, the availability of lawyers or advocates who understand internet issues is also not that much. Especially the lawyer who gave the nuances of human rights in the criminal case.

According to a report from the Institute for Criminal Justice Reform, there is a problem in article 27 paragraph 3 and article 45 paragraph 1 of the ITE Law. This is because a number of terms contained in the article, such as those concerning distribution and transmission, are technical terms which in practice are not the same as those in the world of information technology or the real world. The model for the formulation of the offense in Article 27 paragraph 3 and Article 45 paragraph 1 of the ITE Law provides its own consequences because in practice the court will decide differently on the formulation of the offense.

Meanwhile, according to the ideas of the Southeast Asia Freedom of Expression Network, there are several problems in the ITE Law, namely in articles 27 to 29 of the ITE Law in the chapter on cyber crimes and also in articles 26, 36, 40, and 45. The problems in this article include the interpretation of law. Which is the formulation of the articles in the ITE Law is not strict or rubber. As well as in it also creates legal uncertainty or multiple interpretations and is not appropriate.

Not only that, in practice, many law enforcement officers in the field lack understanding. Then the last is about the social impact provided. Where this article can cause negative consequences such as barter cases, revenge events, shock therapy tools and also provide a chilling effect.

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Prohibited Actions in UU ITE

Does anyone still remember the Baiq Nurul case? He is one of the many people who have been entangled in legal cases due to the ITE Law, especially in Article 27 paragraph 1 which is considered to be spreading electronic information containing immoral content. However, do you already know the substance of the ITE Law? If not, see this article until it’s finished.

Based on this law, what are the actions that are prohibited and can be punished according to the ITE Law? Below are some explanations that will answer the question.

1. Spreading Immoral Videos

In the ITE Law, arrangements regarding the prohibition of distributing immoral videos are regulated in article 45 paragraph 1 of Law No. 19 of 2016. The same thing is also regulated in article 4 paragraph 1 of Law No. 44 of 2008 concerning Pornography and the Criminal Code. The sound of the article is as follows:

“Any person who intentionally and without rights distributes or transmits or makes accessible electronic information or electronic documents that have content that violates decency as referred to in Article 27 paragraph (1) of the ITE Law shall be punished with imprisonment for a maximum of six years or a fine of up to Rp. 1,000,000,000.00 (one billion rupiah).”

2. Online Gambling

Apart from immoral videos, it turns out that online gambling is also regulated in the ITE Law. This has been regulated in article 45 paragraph 2 of Law no. 19 of 2016. Not only that, this is also regulated in article 303 bis of the Criminal Code and Law no. 7 of 1974 regarding Gambling Issuance.

So, you need to be careful, don’t fall into the world of online gambling. In addition, this online gambling issue can also be subject to a maximum imprisonment of 6 years or a maximum fine of Rp. 1,000,000,000 or one billion rupiah.

3. Defamation

Recently, cases of defamation have often been used as the mainstay of articles to convict someone. However, did you know that the content of insults or defamation is also regulated in the ITE Law and can be subject to criminal sanctions?

This regulation has been regulated in article 45 paragraph 3 of Law no. 19 of 2016 which reads as follows:

“Anyone who intentionally and without rights distributes and/or transmits and/or makes accessible Electronic Information and/or Electronic Documents that contain insults and/or defamation as referred to in Article 27 paragraph (3) shall be punished with imprisonment a maximum of 4 (four) years and/or a maximum fine of Rp. 750,000,000.00 (seven hundred and fifty million rupiah).”

4. Threats and Extortion

Have you ever received threats or extortion by other people through social media? Or has personal information been shared by other people that we may not know before? Or being asked for a ransom for personal data? Well, for those of you who have experienced this incident, it turns out that the above issues have been regulated in the ITE Law. Namely in article 45 paragraph 4 of Law No. 19 of 2016 which reads as follows:

“Anyone who intentionally and without rights distributes and/or transmits and/or makes accessible Electronic Information and/or Electronic Documents that contain extortion and/or threats as referred to in Article 27 paragraph (4) shall be punished with imprisonment for a maximum 6 (six) years and/or a maximum fine of IDR 1,000,000,000.00 (one billion rupiah).”

5. Hate Speech

Indonesian history has taught society lessons about divisions that occurred because of wars between certain tribes or communities. Not wanting this incident to happen again, the government made regulations regarding the prohibition of spreading SARA-based hate speech through article 45A paragraph 2 of Law no. 19 of 2016. The sound of the article is as follows.

“And for anyone who commits and spreads hatred based on SARA which is intended to create feelings of hatred or hostility towards certain individuals and/or community groups, shall be punished with imprisonment for a maximum of 6 (six) years and/or a fine of up to IDR 1,000,000,000 , – (one billion rupiah).”

6. Online Terror

Acts of terror are the scariest thing that can be experienced by someone through social media. Of course, this problem will make victims feel insecure and uncomfortable. Especially if the case is not clear, such as random calls, sending indecent pictures, and so on.

For anyone who has experienced online terror, you need to know that this act has also been regulated in the ITE Law. Especially in article 45B of Law no. 19 of 2016. No kidding, the perpetrators who commit acts of terror can be subject to criminal threats, namely imprisonment for a maximum of four years and a fine of up to Rp. 750,000,000.

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7. Hacking Other People’s Social Media Accounts

Never play games with other people’s social media. Because, if you hack someone else’s social media account, you can be subject to article 32 paragraph 1 and also article 48 paragraph 1 of the ITE Law. The sound of the article is as follows:

“For anyone who intentionally and without rights or violates the law by changing, adding, reducing, transmitting, damaging, removing, moving, hiding an Electronic Information and/or Electronic Document belonging to another person or public property. Shall be punished with imprisonment for a maximum of 8 (eight) years and/or a fine of up to Rp. 2,000,000,000.- (two billion rupiah).”

8. Spreading Fake News or Hoaxes

Be careful, because anyone who deliberately spreads fake news or hoaxes will be subject to Article 45A paragraph 1 of the ITE Law. The sound of the article is as follows:

“Anyone who deliberately and without rights spreads false and misleading news that causes consumer losses in electronic transactions as referred to in Article 28 paragraph (1) shall be punished with imprisonment for a maximum of six years or a fine of up to Rp. 1,000,000,000.00 ( one billion rupiah).

So, you have to be careful in spreading various kinds of information on social media. Try to check first through a trusted source.

Benefits and Implementation of UU ITE

Even though it was controversial because there were several rubber articles in the ITE Law, you need to understand that with the existence of the ITE Law, the law has provided benefits to society. What are the benefits of UU ITE? Let’s see the explanation below:

1. Benefits of the ITE Law

The following are some of the benefits of the ITE Law in Indonesia, including:

a. Guarantee legal certainty for people who carry out electronic transactions
b. Encouraging economic growth in Indonesia
c. One of the efforts to prevent crimes committed via the internet
d. Protect the public and other internet users from various online crimes

With the existence of the ITE Law, you will get various benefits as below:

a. All transactions as well as electronic systems and supporting devices receive legal protection. Communities must maximize their economic potential digitally.
b. The community also needs to maximize tourism potential through E-tourism.
c. Internet traffic available in Indonesia is really used for the progress of Indonesia. People need to take advantage of the internet by creating educational content and other useful content.
d. Export products can be received on time and people must maximize their creative potential to compete with other countries.

One of the reasons for the existence of the ITE Law is due to the influence of globalization and also the very rapid development of communication technology. This has resulted in quite significant changes in the implementation and also in the public’s perspective on telecommunications. The existence of the ITE Law has made several significant changes, especially in the world of information technology and telecommunications.

Telecommunications itself is one of the infrastructure that is quite important in the life of the nation and state. The rapid development of technology is not only limited to the telecommunications sector. But it has also thrived in IT. With the development of communication technology, of course we are required to follow the norms and policies that exist in Indonesia.

The presence of the ITE Law is comprehensive enough to regulate electronic information and electronic transactions. We can see this from the scope of material contained in the ITE Law, which is a new breakthrough. Various things that have not been regulated in the ITE Law, will be regulated in Government Regulations and other laws and regulations.

But unfortunately, the ITE Law is often seen as a barrier for internet users on social media. This is because not everything they want to convey on social media, including suggestions, posts, and criticisms, cannot be uploaded safely on social media.

Those are some explanations about what the ITE Law or the ITE Law is. The hope is that by providing an overview and explanation of prohibited acts carried out via the internet, it can provide a complete picture of the proper use of information and communication technology.

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