Proceedings of the 3rd International Conference Entitled Language, Literary, And Cultural Studies, ICON LATERALS 2022, 05–06 November 2022, Malang, Indonesia

Research Article

Applying Appraisal Analysis to the Judges‘ Considerations of the Elements of Hate Speech in ITE Law

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  • @INPROCEEDINGS{10.4108/eai.5-11-2022.2329472,
        author={Aisah  Aisah and Aceng Ruhendi Saifullah and Dadang  Sudana},
        title={Applying Appraisal Analysis to the Judges‘ Considerations of the Elements of Hate Speech in ITE Law},
        proceedings={Proceedings of the 3rd International Conference Entitled Language, Literary, And Cultural Studies, ICON LATERALS 2022, 05--06 November 2022, Malang, Indonesia},
        publisher={EAI},
        proceedings_a={ICON LATERALS},
        year={2023},
        month={6},
        keywords={ite law hate speech appraisal analysis judges‘ consideration uam corpustool},
        doi={10.4108/eai.5-11-2022.2329472}
    }
    
  • Aisah Aisah
    Aceng Ruhendi Saifullah
    Dadang Sudana
    Year: 2023
    Applying Appraisal Analysis to the Judges‘ Considerations of the Elements of Hate Speech in ITE Law
    ICON LATERALS
    EAI
    DOI: 10.4108/eai.5-11-2022.2329472
Aisah Aisah1,*, Aceng Ruhendi Saifullah1, Dadang Sudana1
  • 1: Universitas Pendidikan Indonesia
*Contact email: ais_ye@yahoo.com

Abstract

Hate speech is a debatable concept and its being regulated in Electronic Information and Transaction (ITE) law is widely disputed among scholars in Indonesia. This study explores how judges consider the elements of hate speech using UAM CorpusTool software based on an appraisal framework. Two court verdicts comprising 2158 and 2296 words token were used as the data for this study. This study shows that the dominant attitude of the appraisal system toward the evidence is appreciation, with a mostly negative attitude. The use of heteroglossic expand was more prevalent compared to monoglossic system. This study suggests that despite its controversial law, the judges‘ convictions were firstly sourced through aligning their stance to other voices (e.g. regulations, witnesses, and the defendant) before finally taking their stance and pronouncing the defendant accountable for his crime, appraised as judgment social esteem capacity, as he realizes (knowingly) the consequences of posting hate comments.