Hate speech and the harm in Indonesian judicial decisions

Indonesia's hate speech provision under Article 28(2) of the Electronic Information and Transaction Law lacks an objective threshold. This article presents a case study of twenty-seven judicial decisions to investigate whether such lack had consequently limited or instead broadened the judiciar...

Full description

Saved in:
Bibliographic Details
Main Author: Putri, D.K.
Format: Article PeerReviewed
Language:English
Published: Cogent OA 2023
Subjects:
Online Access:https://repository.ugm.ac.id/284358/1/Devita%20Kartika%20Putri%20-%20Hate%20speech%20and%20the%20harm%20in%20Indonesian%20judicial%20decisions.pdf
https://repository.ugm.ac.id/284358/
https://www.tandfonline.com/doi/full/10.1080/23311886.2023.2274430
Tags: Add Tag
No Tags, Be the first to tag this record!
Institution: Universitas Gadjah Mada
Language: English
id id-ugm-repo.284358
record_format dspace
spelling id-ugm-repo.2843582023-12-18T04:28:15Z https://repository.ugm.ac.id/284358/ Hate speech and the harm in Indonesian judicial decisions Putri, D.K. Indonesian Law Indonesia's hate speech provision under Article 28(2) of the Electronic Information and Transaction Law lacks an objective threshold. This article presents a case study of twenty-seven judicial decisions to investigate whether such lack had consequently limited or instead broadened the judiciary's discretion in determining hate speech. The results of the study show that the construction of Article 28(2) has led to a broad determination of hate speech, as it reveals an inconsistency in considering the harm of hate speech. This paper discusses where the inconsistencies are found and why they are problematic when assessing harm. Furthermore, in light of the case studies, the paper took into perspective the recent development of the Criminal Code to suggest the way forward for Indonesia's law on hate speech. Cogent OA 2023 Article PeerReviewed application/pdf en https://repository.ugm.ac.id/284358/1/Devita%20Kartika%20Putri%20-%20Hate%20speech%20and%20the%20harm%20in%20Indonesian%20judicial%20decisions.pdf Putri, D.K. (2023) Hate speech and the harm in Indonesian judicial decisions. Cogent Social Sciences, 9 (2). https://www.tandfonline.com/doi/full/10.1080/23311886.2023.2274430
institution Universitas Gadjah Mada
building UGM Library
continent Asia
country Indonesia
Indonesia
content_provider UGM Library
collection Repository Civitas UGM
language English
topic Indonesian Law
spellingShingle Indonesian Law
Putri, D.K.
Hate speech and the harm in Indonesian judicial decisions
description Indonesia's hate speech provision under Article 28(2) of the Electronic Information and Transaction Law lacks an objective threshold. This article presents a case study of twenty-seven judicial decisions to investigate whether such lack had consequently limited or instead broadened the judiciary's discretion in determining hate speech. The results of the study show that the construction of Article 28(2) has led to a broad determination of hate speech, as it reveals an inconsistency in considering the harm of hate speech. This paper discusses where the inconsistencies are found and why they are problematic when assessing harm. Furthermore, in light of the case studies, the paper took into perspective the recent development of the Criminal Code to suggest the way forward for Indonesia's law on hate speech.
format Article
PeerReviewed
author Putri, D.K.
author_facet Putri, D.K.
author_sort Putri, D.K.
title Hate speech and the harm in Indonesian judicial decisions
title_short Hate speech and the harm in Indonesian judicial decisions
title_full Hate speech and the harm in Indonesian judicial decisions
title_fullStr Hate speech and the harm in Indonesian judicial decisions
title_full_unstemmed Hate speech and the harm in Indonesian judicial decisions
title_sort hate speech and the harm in indonesian judicial decisions
publisher Cogent OA
publishDate 2023
url https://repository.ugm.ac.id/284358/1/Devita%20Kartika%20Putri%20-%20Hate%20speech%20and%20the%20harm%20in%20Indonesian%20judicial%20decisions.pdf
https://repository.ugm.ac.id/284358/
https://www.tandfonline.com/doi/full/10.1080/23311886.2023.2274430
_version_ 1787137356056231936