Ada Pertanyaan? Hubungi Kami 
2026 Hak Cipta Milik Hukumonline.com
Produk Pilihan
Ada Pertanyaan? Hubungi Kami
Ari Pramuditya, Kartini L Makmur
Law No.11 of 2008 on Information and Electronic Transactions (“ITE Law”) is described by the government as offering support for technological infrastructure in Indonesia, and this positive goal is reflected in the preamble to the ITE Law.
In reality however, nearly seven years after the ITE Law was introduced, its enforcement has claimed many victims as the use of information technology in Indonesia is regulated repressively, supposedly in accordance with the country’s religious and social norms.
According to the Southeast Asia Freedom of Expression Network (SafeNet), more than a 100 individuals across Indonesia have fallen foul of the ITE Law to date. Moreover, 85 of these cases stem from the 2014 to 2015 period. This bears sharp comparison with the period immediately after the ITE Law was introduced, which saw only two people being prosecuted under the law.
Most of the cases involving perceived violations of the ITE Law consist of accusations of defamation, while 5% relate to desecration and 1% involves threats. Additionally, five subpoena cases and one pornography case have also been brought.
SafeNet’s data suggests that only 29% of alleged ITE Law violations actually went to trial. Of these cases, guilty verdicts which resulted in custodial sentences of less than two years were issued in 11% of the court decisions. Meanwhile, only 5% of the verdicts resulted in acquittals. The remaining cases were resolved through mediation.
“The defendants in these cases came from diverse social backgrounds. There were artists, social activists, civil servants, housewives, motivators, students, lawyers, humanists, sociologists, private-sector employees, politicians, writers, poets, nurses, journalists, clerics, and even satay sellers,” explained Damar Juniarto, a regional coordinator for SafeNet, during a discussion held in Jakarta on Tuesday 17 November, 2015.
Mr. Juniarto added that the reporting parties could be classified into four categories. The first are public officials, including regional and agency heads, as well as officials employed by ministries or state agencies. The second category consists of professionals, including doctors, attorneys, or politicians. Third are the wealthy, such as leaders or managers of companies. And the fourth category of reporting party consists of regular citizens.
Mr. Juniarto further stated that his organization has been able to discern four patterns of dispute settlement in cases involving freedom of expression through online media. Firstly, many attempt to use the ITE Law in order to silence criticism. Secondly, some use the ITE Law in order to shock their adversaries.
In other cases, criminalization using the ITE Law can be employed as a way to exact revenge upon somebody. And finally, in Mr. Juniarto’s opinion, the ITE Law can also be used as a bartering tool during other legal cases.
“These types of dispute settlement are often used to target anti-corruption activists, social and political critics, opposition leaders, journalists and whistle blowers,” Juniarto elucidated.
The above data has led many to believe that the ITE Law may ultimately threaten freedom of expression in Indonesia. Indeed, anyone who’s ever fallen foul of the ITE Law will think twice before freely expressing their opinions again. The ITE Law can thus have a strong deterrent effect. In addition, excessive usage of the ITE Law will reduce the number of critical speakers in the country, as well as effectively shut down critical media attention, as has happened in the province of Aceh.
Also present at the discussion was Anwari Natari, Program Manager for the One World Foundation(Yayasan Satu Dunia), who criticized the government for its half-hearted stance as regards the revising of the ITE Law. Mr. Natari explained that the government appeared to be reluctant to repeal the most repressive parts of the ITE Law. Freedom of speech on the Internet, according to Natari, should be protected.
“Soon, local elections will be conducted simultaneously across the country. Previous elections have seen the ITE Law being wheeled out as a weapon with which to silence critical citizens, especially as regards the dubious track records of some of the candidates,” Mr. Natari explained.
Mr. Natari asserted that one of the ways in which citizens can participate in the monitoring of elections is to express their opinions through the internet. Such a right is a reflection of the strength of civil society and its organizations. Moreover, Mr. Natari believes that the process of democratization demands such freedom.
“Therefore, we insist that the lawmakers be brave and repeal the most authoritarian parts of the current ITE Law. Instead, the House should be promoting a state which protects the freedom of speech of its citizens,” Mr. Natari concluded.
(sp)
Illustration by: kvltmagz.co
Law No.11 of 2008 on Information and Electronic Transactions (“ITE Law”) is described by the government as offering support for technological infrastructure in Indonesia, and this positive goal is reflected in the preamble to the ITE Law.
In reality however, nearly seven years after the ITE Law was introduced, its enforcement has claimed many victims as the use of information technology in Indonesia is regulated repressively, supposedly in accordance with the country’s religious and social norms.
According to the Southeast Asia Freedom of Expression Network (SafeNet), more than a 100 individuals across Indonesia have fallen foul of the ITE Law to date. Moreover, 85 of these cases stem from the 2014 to 2015 period. This bears sharp comparison with the period immediately after the ITE Law was introduced, which saw only two people being prosecuted under the law.
Most of the cases involving perceived violations of the ITE Law consist of accusations of defamation, while 5% relate to desecration and 1% involves threats. Additionally, five subpoena cases and one pornography case have also been brought.
SafeNet’s data suggests that only 29% of alleged ITE Law violations actually went to trial. Of these cases, guilty verdicts which resulted in custodial sentences of less than two years were issued in 11% of the court decisions. Meanwhile, only 5% of the verdicts resulted in acquittals. The remaining cases were resolved through mediation.
“The defendants in these cases came from diverse social backgrounds. There were artists, social activists, civil servants, housewives, motivators, students, lawyers, humanists, sociologists, private-sector employees, politicians, writers, poets, nurses, journalists, clerics, and even satay sellers,” explained Damar Juniarto, a regional coordinator for SafeNet, during a discussion held in Jakarta on Tuesday 17 November, 2015.
Mr. Juniarto added that the reporting parties could be classified into four categories. The first are public officials, including regional and agency heads, as well as officials employed by ministries or state agencies. The second category consists of professionals, including doctors, attorneys, or politicians. Third are the wealthy, such as leaders or managers of companies. And the fourth category of reporting party consists of regular citizens.
Mr. Juniarto further stated that his organization has been able to discern four patterns of dispute settlement in cases involving freedom of expression through online media. Firstly, many attempt to use the ITE Law in order to silence criticism. Secondly, some use the ITE Law in order to shock their adversaries.
In other cases, criminalization using the ITE Law can be employed as a way to exact revenge upon somebody. And finally, in Mr. Juniarto’s opinion, the ITE Law can also be used as a bartering tool during other legal cases.
“These types of dispute settlement are often used to target anti-corruption activists, social and political critics, opposition leaders, journalists and whistle blowers,” Juniarto elucidated.
The above data has led many to believe that the ITE Law may ultimately threaten freedom of expression in Indonesia. Indeed, anyone who’s ever fallen foul of the ITE Law will think twice before freely expressing their opinions again. The ITE Law can thus have a strong deterrent effect. In addition, excessive usage of the ITE Law will reduce the number of critical speakers in the country, as well as effectively shut down critical media attention, as has happened in the province of Aceh.
Also present at the discussion was Anwari Natari, Program Manager for the One World Foundation(Yayasan Satu Dunia), who criticized the government for its half-hearted stance as regards the revising of the ITE Law. Mr. Natari explained that the government appeared to be reluctant to repeal the most repressive parts of the ITE Law. Freedom of speech on the Internet, according to Natari, should be protected.
“Soon, local elections will be conducted simultaneously across the country. Previous elections have seen the ITE Law being wheeled out as a weapon with which to silence critical citizens, especially as regards the dubious track records of some of the candidates,” Mr. Natari explained.
Mr. Natari asserted that one of the ways in which citizens can participate in the monitoring of elections is to express their opinions through the internet. Such a right is a reflection of the strength of civil society and its organizations. Moreover, Mr. Natari believes that the process of democratization demands such freedom.
“Therefore, we insist that the lawmakers be brave and repeal the most authoritarian parts of the current ITE Law. Instead, the House should be promoting a state which protects the freedom of speech of its citizens,” Mr. Natari concluded.
(sp)
Ari Pramuditya, Kartini L Makmur
Law No.11 of 2008 on Information and Electronic Transactions (“ITE Law”) is described by the government as offering support for technological infrastructure in Indonesia, and this positive goal is reflected in the preamble to the ITE Law.
In reality however, nearly seven years after the ITE Law was introduced, its enforcement has claimed many victims as the use of information technology in Indonesia is regulated repressively, supposedly in accordance with the country’s religious and social norms.
According to the Southeast Asia Freedom of Expression Network (SafeNet), more than a 100 individuals across Indonesia have fallen foul of the ITE Law to date. Moreover, 85 of these cases stem from the 2014 to 2015 period. This bears sharp comparison with the period immediately after the ITE Law was introduced, which saw only two people being prosecuted under the law.
Most of the cases involving perceived violations of the ITE Law consist of accusations of defamation, while 5% relate to desecration and 1% involves threats. Additionally, five subpoena cases and one pornography case have also been brought.
SafeNet’s data suggests that only 29% of alleged ITE Law violations actually went to trial. Of these cases, guilty verdicts which resulted in custodial sentences of less than two years were issued in 11% of the court decisions. Meanwhile, only 5% of the verdicts resulted in acquittals. The remaining cases were resolved through mediation.
“The defendants in these cases came from diverse social backgrounds. There were artists, social activists, civil servants, housewives, motivators, students, lawyers, humanists, sociologists, private-sector employees, politicians, writers, poets, nurses, journalists, clerics, and even satay sellers,” explained Damar Juniarto, a regional coordinator for SafeNet, during a discussion held in Jakarta on Tuesday 17 November, 2015.
Mr. Juniarto added that the reporting parties could be classified into four categories. The first are public officials, including regional and agency heads, as well as officials employed by ministries or state agencies. The second category consists of professionals, including doctors, attorneys, or politicians. Third are the wealthy, such as leaders or managers of companies. And the fourth category of reporting party consists of regular citizens.
Mr. Juniarto further stated that his organization has been able to discern four patterns of dispute settlement in cases involving freedom of expression through online media. Firstly, many attempt to use the ITE Law in order to silence criticism. Secondly, some use the ITE Law in order to shock their adversaries.
In other cases, criminalization using the ITE Law can be employed as a way to exact revenge upon somebody. And finally, in Mr. Juniarto’s opinion, the ITE Law can also be used as a bartering tool during other legal cases.
“These types of dispute settlement are often used to target anti-corruption activists, social and political critics, opposition leaders, journalists and whistle blowers,” Juniarto elucidated.
The above data has led many to believe that the ITE Law may ultimately threaten freedom of expression in Indonesia. Indeed, anyone who’s ever fallen foul of the ITE Law will think twice before freely expressing their opinions again. The ITE Law can thus have a strong deterrent effect. In addition, excessive usage of the ITE Law will reduce the number of critical speakers in the country, as well as effectively shut down critical media attention, as has happened in the province of Aceh.
Also present at the discussion was Anwari Natari, Program Manager for the One World Foundation(Yayasan Satu Dunia), who criticized the government for its half-hearted stance as regards the revising of the ITE Law. Mr. Natari explained that the government appeared to be reluctant to repeal the most repressive parts of the ITE Law. Freedom of speech on the Internet, according to Natari, should be protected.
“Soon, local elections will be conducted simultaneously across the country. Previous elections have seen the ITE Law being wheeled out as a weapon with which to silence critical citizens, especially as regards the dubious track records of some of the candidates,” Mr. Natari explained.
Mr. Natari asserted that one of the ways in which citizens can participate in the monitoring of elections is to express their opinions through the internet. Such a right is a reflection of the strength of civil society and its organizations. Moreover, Mr. Natari believes that the process of democratization demands such freedom.
“Therefore, we insist that the lawmakers be brave and repeal the most authoritarian parts of the current ITE Law. Instead, the House should be promoting a state which protects the freedom of speech of its citizens,” Mr. Natari concluded.
(sp)
Illustration by: kvltmagz.co
Law No.11 of 2008 on Information and Electronic Transactions (“ITE Law”) is described by the government as offering support for technological infrastructure in Indonesia, and this positive goal is reflected in the preamble to the ITE Law.
In reality however, nearly seven years after the ITE Law was introduced, its enforcement has claimed many victims as the use of information technology in Indonesia is regulated repressively, supposedly in accordance with the country’s religious and social norms.
According to the Southeast Asia Freedom of Expression Network (SafeNet), more than a 100 individuals across Indonesia have fallen foul of the ITE Law to date. Moreover, 85 of these cases stem from the 2014 to 2015 period. This bears sharp comparison with the period immediately after the ITE Law was introduced, which saw only two people being prosecuted under the law.
Most of the cases involving perceived violations of the ITE Law consist of accusations of defamation, while 5% relate to desecration and 1% involves threats. Additionally, five subpoena cases and one pornography case have also been brought.
SafeNet’s data suggests that only 29% of alleged ITE Law violations actually went to trial. Of these cases, guilty verdicts which resulted in custodial sentences of less than two years were issued in 11% of the court decisions. Meanwhile, only 5% of the verdicts resulted in acquittals. The remaining cases were resolved through mediation.
“The defendants in these cases came from diverse social backgrounds. There were artists, social activists, civil servants, housewives, motivators, students, lawyers, humanists, sociologists, private-sector employees, politicians, writers, poets, nurses, journalists, clerics, and even satay sellers,” explained Damar Juniarto, a regional coordinator for SafeNet, during a discussion held in Jakarta on Tuesday 17 November, 2015.
Mr. Juniarto added that the reporting parties could be classified into four categories. The first are public officials, including regional and agency heads, as well as officials employed by ministries or state agencies. The second category consists of professionals, including doctors, attorneys, or politicians. Third are the wealthy, such as leaders or managers of companies. And the fourth category of reporting party consists of regular citizens.
Mr. Juniarto further stated that his organization has been able to discern four patterns of dispute settlement in cases involving freedom of expression through online media. Firstly, many attempt to use the ITE Law in order to silence criticism. Secondly, some use the ITE Law in order to shock their adversaries.
In other cases, criminalization using the ITE Law can be employed as a way to exact revenge upon somebody. And finally, in Mr. Juniarto’s opinion, the ITE Law can also be used as a bartering tool during other legal cases.
“These types of dispute settlement are often used to target anti-corruption activists, social and political critics, opposition leaders, journalists and whistle blowers,” Juniarto elucidated.
The above data has led many to believe that the ITE Law may ultimately threaten freedom of expression in Indonesia. Indeed, anyone who’s ever fallen foul of the ITE Law will think twice before freely expressing their opinions again. The ITE Law can thus have a strong deterrent effect. In addition, excessive usage of the ITE Law will reduce the number of critical speakers in the country, as well as effectively shut down critical media attention, as has happened in the province of Aceh.
Also present at the discussion was Anwari Natari, Program Manager for the One World Foundation(Yayasan Satu Dunia), who criticized the government for its half-hearted stance as regards the revising of the ITE Law. Mr. Natari explained that the government appeared to be reluctant to repeal the most repressive parts of the ITE Law. Freedom of speech on the Internet, according to Natari, should be protected.
“Soon, local elections will be conducted simultaneously across the country. Previous elections have seen the ITE Law being wheeled out as a weapon with which to silence critical citizens, especially as regards the dubious track records of some of the candidates,” Mr. Natari explained.
Mr. Natari asserted that one of the ways in which citizens can participate in the monitoring of elections is to express their opinions through the internet. Such a right is a reflection of the strength of civil society and its organizations. Moreover, Mr. Natari believes that the process of democratization demands such freedom.
“Therefore, we insist that the lawmakers be brave and repeal the most authoritarian parts of the current ITE Law. Instead, the House should be promoting a state which protects the freedom of speech of its citizens,” Mr. Natari concluded.
(sp)