Rabu, Juni 9, 2021

ITE Law Set for Revision

The Minister of Coordinating Political, Legal and Security Affairs ("Minister"), Mahfud MD, has stated that the government will carry out a limited revision of Law No. 19 of 2016 as the amendment to Law No. 11 of 2008 on Electronic Information and Transactions ("ITE Law") in an effort to clarify some of the ambiguities that have emerged during its implementation. Articles 27, 28, 29 and 45C are set for revision, while the Minister has also stated that the Ministry of Law and Human Rights will commence preparations of a revised draft of the ITE Law.
Moreover, a Joint Decree (Surat Keputusan Bersama/SKB) on Guidelines for the Interpretation of the ITE Law by the National Police Force, Ministry of Communication and Information Technology and the Office of the Attorney General (Kejaksaan Agung) is also in the process of being launched and will be used while the revised ITE Law is still undergoing the legislative process.
Against this backdrop, the Civil Society Coalition, which includes LBH Jakarta, LBH Pers, YLBHI, ICJR, SAFENet and other activists has issued an official written statement demanding that the ITE Law’s various ambiguous articles be removed due to the many human rights violations that have resulted from their application.
One example of these violations is Article 28 (2) of the ITE Law, which addresses the illegal spread of information intended to cause hatred or hostility towards certain individuals and/or certain groups based on their ethnicity, religion, race and/or inter-group identity (suku, agama, ras dan antargolongan/SARA). This article has often been used to attack and criminalize parties that legitimately criticize specific institutions. Indeed, according to the Civil Society Coalition, between 2016 and February 2020, cases that invoked Articles 27, 28 and 29 of the ITE Law resulted in a conviction rate of 96.8% (744 cases) with rates of imprisonment as high as 88% (676 cases). SAFEnet has concluded that critical opinions voiced by members of the general public have frequently fallen foul of the ITE Law’s ambiguous articles.
Pers Director of LBH Jakarta, Ade Wahyudi, has offered the assessment that the ITE Law has led to the victimization of many political and social activists. Moreover, the Director of SAFEnet, Damar Juniarto, has requested that Articles 27 – 29 of the ITE Law be removed due to their ambiguous content.
For more on this story, see Hukumonline: “Hasil Tim Kajian: Pemerintah Bakal Revisi 4 Pasal dalam UU ITE”.

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The Minister of Coordinating Political, Legal and Security Affairs ("Minister"), Mahfud MD, has stated that the government will carry out a limited revision of Law No. 19 of 2016 as the amendment to Law No. 11 of 2008 on Electronic Information and Transactions ("ITE Law") in an effort to clarify some of the ambiguities that have emerged during its implementation. Articles 27, 28, 29 and 45C are set for revision, while the Minister has also stated that the Ministry of Law and Human Rights will commence preparations of a revised draft of the ITE Law.
Moreover, a Joint Decree (Surat Keputusan Bersama/SKB) on Guidelines for the Interpretation of the ITE Law by the National Police Force, Ministry of Communication and Information Technology and the Office of the Attorney General (Kejaksaan Agung) is also in the process of being launched and will be used while the revised ITE Law is still undergoing the legislative process.
Against this backdrop, the Civil Society Coalition, which includes LBH Jakarta, LBH Pers, YLBHI, ICJR, SAFENet and other activists has issued an official written statement demanding that the ITE Law’s various ambiguous articles be removed due to the many human rights violations that have resulted from their application.
One example of these violations is Article 28 (2) of the ITE Law, which addresses the illegal spread of information intended to cause hatred or hostility towards certain individuals and/or certain groups based on their ethnicity, religion, race and/or inter-group identity (suku, agama, ras dan antargolongan/SARA). This article has often been used to attack and criminalize parties that legitimately criticize specific institutions. Indeed, according to the Civil Society Coalition, between 2016 and February 2020, cases that invoked Articles 27, 28 and 29 of the ITE Law resulted in a conviction rate of 96.8% (744 cases) with rates of imprisonment as high as 88% (676 cases). SAFEnet has concluded that critical opinions voiced by members of the general public have frequently fallen foul of the ITE Law’s ambiguous articles.
Pers Director of LBH Jakarta, Ade Wahyudi, has offered the assessment that the ITE Law has led to the victimization of many political and social activists. Moreover, the Director of SAFEnet, Damar Juniarto, has requested that Articles 27 – 29 of the ITE Law be removed due to their ambiguous content.
For more on this story, see Hukumonline: “Hasil Tim Kajian: Pemerintah Bakal Revisi 4 Pasal dalam UU ITE”.

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