ANALISIS YURIDIS TERHADAP PEMBUKTIAN SECARA ELEKTRONIK DALAM TINDAK PIDANA UJARAN KEBENCIAN

Abstract

This study aims to find out and understand (1) the proof of hate speech cases in Indonesia and (2) the electronic verification process in hate speech crimes. This research is a normative legal research that uses statutory, conceptual and case approaches. The legal materials used are primary, secondary and tertiary legal materials. The results of the research show that (1) the evidence for hate speech cases in Indonesia, especially in the cases of Gus Adi and Muhamad Kece, has differences in the results of their decisions even though there is an element of hate speech which is evident from the indictments of each Public Prosecutor, each of whose charges there is Article 45 A paragraph (2) jo. Article 28 paragraph (2) RI Law No. 19 of 2016 concerning Amendments to RI Law No. 11 of 2008 concerning Information and Electronic Transactions. However, in giving a decision, each judge has a different view in sentencing. This is based on the testimony of witnesses, instructions, statements of the accused, connected with the evidence presented before the trial so that different legal facts are obtained. (2) In proving a crime, valid evidence according to Article 184 of the Criminal Procedure Code, namely witness statements, expert statements, letters, instructions; and the testimony of the accused. With regard to cases of hate speech on social or electronic media such as the case of Gus Adi through the Facebook platform and Muhamad Kece through the Youtube platform, the ITE Law regulates evidence other than what is regulated in Article 184 of the Criminal Procedure Code. Article 5 paragraph (1) of the ITE Law confirms that what is included as evidence is electronic information and/or electronic documents, and printouts of electronic information and/or electronic documents.