Jakarta, CNBC Indonesia – President Joko Widodo (Jokowi) approved the revision of the Information and Electronic Transactions Law (UU ITE). Law Number 1 of 2024 was promulgated on Tuesday (4/1/2024).
This law is the result of the second amendment passed by the DPR RI on (5/12/2023). This regulation changes a number of provisions in previous regulations, namely Law Number 11 of 2008 and Law Number 19 of 2016.
This change was made to protect the public interest from all types of disturbances resulting from misuse of electronic information, electronic documents, information technology, or electronic transactions that disrupt that order.
Apart from that, the implementation of the previous regulations still gave rise to multiple interpretations and controversy in society, so changes needed to be made to create a sense of justice in society and legal certainty.
One of the points of the revision of the new ITE Law is that there is no longer a 'rubber article', namely Article 27 Paragraph (3) which regulates criminal insults or defamation through electronic information and/or electronic documents. However, the new provisions insert Article 27A, which has the potential to become a new 'rubber article'.
“Every person intentionally attacks the honor or good name of another person by accusing him of something, with the intention of making the matter known to the public in the form of electronic information and/or electronic documents carried out through an electronic system,” writes Article 27A.
Likewise with article 27B which has the potential to become polemic, which reads:
(1) Every person intentionally and without right distributes and/or transmits electronic information and/or electronic documents, with the intention of unlawfully benefiting himself or another person, forcing the person by threat of violence to:
a. Giving an item, which partly or wholly belongs to that person or to another person; or
b. giving debt, making an acknowledgment of debt or writing off a receivable.
In article 45, criminal offenses for violators of article 27A will be imposed for a maximum of 2 years or a maximum fine of IDR 400 million. Meanwhile, Article 27B has a maximum term of 6 years and/or a maximum fine of IDR 1 billion.
Not only that, there are other new regulations regarding the prohibition of spreading fake news, which are written in article 28.
“Every person deliberately distributes electronic information and/or electronic documents which he knows contain false notifications that cause unrest in society,” writes Article 28 Paragraph (3).
The punishment for violators of article 28 is a maximum of 5 months in prison, and/or a maximum fine of IDR 1 billion.
[Gambas:Video CNBC]
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This is a list of revisions to the ITE Law proposed by the government
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