Ayup Suran Ningsih, S.H., LL.M., M.H - Aturan Hukum Informasi dan Transaksi Elektronik (ITE)

Summary

This video provides an insightful overview of Indonesia's Electronic Information and Transactions Law (Undang-Undang Nomor 19 Tahun 2016), covering key regulations on digital content and transactions. The speaker discusses prohibited content, including pornography, defamation, hoaxes, hate speech, and threats, along with the legal consequences such as imprisonment and fines. The video emphasizes the importance of digital literacy and responsible online behavior to protect public interests and prevent misuse. Real-life cases are highlighted to illustrate the practical application of the law.

Takeaways

• 😀 The government regulates electronic information and transactions through Law No. 19 of 2016 to ensure safe use of digital technologies and protect public interests.
• 😀 Digital content can be created and shared, but it must adhere to the legal regulations set by the government, particularly concerning prohibited content.
• 😀 The government is responsible for preventing the spread and use of illegal electronic content, including through the removal of access to such content.
• 😀 Prohibited content includes anything related to pornography, defamation, hoaxes, threats, and content that incites hatred or violence against specific groups.
• 😀 Violating these rules can result in criminal penalties, including imprisonment and fines, depending on the severity of the offense.
• 😀 Offenses related to obscenity (e.g., distributing explicit material) can result in a maximum of 6 years in prison and a fine of up to 1 billion IDR.
• 😀 Defamation or insults through electronic media can result in imprisonment for up to 4 years and fines up to 750 million IDR.
• 😀 The distribution of false or misleading information that harms consumers in electronic transactions can lead to a sentence of up to 6 years in prison and fines of up to 1 billion IDR.
• 😀 Content that promotes racism, religious intolerance, or incites violence (SARA) is also prohibited under this law, with penalties of up to 6 years in prison.
• 😀 Sending threatening or violent messages, even in private, such as through WhatsApp, is punishable by up to 4 years in prison and a fine of 750 million IDR.

Q & A

What is the main purpose of Undang-Undang Nomor 19 Tahun 2016 (Law No. 19/2016)?

The main purpose of Law No. 19/2016 is to regulate electronic information and transactions in Indonesia. It establishes legal guidelines for creating and sharing digital content and provides protection against misuse, ensuring that all digital interactions are conducted in a legal and ethical manner.

What protections does the law provide for digital content creators in Indonesia?

The law allows digital content creators to share content online, as long as it complies with the regulations set forth by the law. It also provides protections against the misuse of information, such as hacking, and ensures that digital transactions are secure and lawful.

What actions can the government take against harmful electronic content according to the law?

The government has the authority to remove harmful content, suspend access to platforms that host illegal material, and order the termination of access to electronic systems that distribute prohibited content. This includes content that violates public safety or ethical standards.

What are some examples of prohibited content under this law?

Prohibited content includes materials that contain obscenity, defamation, hate speech, fraudulent information, threats, or hoaxes. It also includes content that invades privacy or promotes discrimination based on race, religion, or ethnicity.

What are the penalties for distributing obscene content online?

The penalties for distributing obscene content can include a maximum prison sentence of 6 years and a fine of up to 1 billion IDR. Both the prison sentence and the fine can be applied concurrently.

How does the law address defamation and insults made online?

Defamation and insults online are punishable by a maximum prison sentence of 4 years and a fine of up to 750 million IDR. This applies to individuals who distribute defamatory or insulting content via digital platforms.

What happens if someone spreads fake news that causes harm to consumers?

Spreading fake news that results in consumer harm is punishable by up to 6 years in prison and a fine of up to 1 billion IDR. This includes misinformation that misleads consumers in digital transactions.

What does the law say about hate speech and content that discriminates against certain groups?

The law prohibits content that promotes hatred, hostility, or discrimination against certain groups based on race, religion, ethnicity, or social status (SARA). Violations can result in a maximum prison sentence of 6 years.

What are the consequences for sending threatening messages through digital platforms like WhatsApp?

Sending threatening messages via digital platforms, such as WhatsApp, can lead to a maximum prison sentence of 4 years and a fine of up to 750 million IDR. This includes threats of violence or intimidation aimed at individuals.

What role do citizens play in ensuring responsible digital behavior according to this law?

Citizens are encouraged to be aware of the legal framework surrounding digital content and to act responsibly when creating and sharing information online. By understanding the law, individuals can avoid violating regulations related to obscenity, defamation, and other prohibited content.