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...
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2023
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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 |
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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 |
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Indonesian Law Putri, D.K. Hate speech and the harm in Indonesian judicial decisions |
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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. |
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Article PeerReviewed |
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Putri, D.K. |
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Putri, D.K. |
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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 |
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Cogent OA |
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2023 |
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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 |
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