Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia

Research Article

Advantages and Disadvantages of Implementing the Electronic Information and Transactions Law on Freedom of Speech

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  • @INPROCEEDINGS{10.4108/eai.29-6-2021.2312615,
        author={Hary  Isdyanto and Alvi  Syahrin and Madisa  Ablisar and Mahmud  Mulyadi},
        title={Advantages and Disadvantages of Implementing         the Electronic Information and Transactions Law on Freedom of Speech},
        proceedings={Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={ICOLEG},
        year={2021},
        month={10},
        keywords={advantages and disadvantages eit law freedom of speech},
        doi={10.4108/eai.29-6-2021.2312615}
    }
    
  • Hary Isdyanto
    Alvi Syahrin
    Madisa Ablisar
    Mahmud Mulyadi
    Year: 2021
    Advantages and Disadvantages of Implementing the Electronic Information and Transactions Law on Freedom of Speech
    ICOLEG
    EAI
    DOI: 10.4108/eai.29-6-2021.2312615
Hary Isdyanto1,*, Alvi Syahrin1, Madisa Ablisar1, Mahmud Mulyadi1
  • 1: Universitas Sumatera Utara
*Contact email: haryisdyanto@gmail.com

Abstract

Freedom of speech and expression is a fundamental right in a democracy. Technological developments in Indonesia, especially social media, have become a significant necessity in carrying out various activities. However, the existence of the Law on Electronic Information and Transactions (EIT Law) has posed a threat to freedom of speech and expression as it can be used against people suspected of violating these laws. The EIT Law can be abused to arrest those criticizing the government. This paper aims to explore the right to freedom of speech in the corridor of national law. The application of the EIT Law has created contradicting opinions in society to ensure the Indonesian national law implements the suitable formulation of the freedom of speech. This normative legal research analyzed laws and regulations and collected field data from law enforcers and academics to determine the application of the EIT Law. This research is intended to obtain an accurate picture of sanctions application relating to freedom of speech and expression in the EIT Law. These sanctions must be imposed professionally and not selectively. Whenever possible, there should be alternatives to these criminal sanctions to prevent the disruption of the right to freedom of speech in Indonesia.