Criminal Offences Related To the Dissemination of False News (Hoax) In Indonesia: A Comparative Study

Abstract

The rapid spread of fake news (hoaxes) in Indonesia poses a serious threat to social stability, public order and the integrity of democracy. Although Indonesia has enacted various laws to address this issue, digital disinformation remains a challenge that requires serious attention. This study employs a normative legal methodology with a comparative approach. The findings indicate that Indonesia’s current legal framework faces challenges relating to the ambiguous definition of ‘hoaxes’ and potential infringements on freedom of expression. Conversely, benchmark countries such as the United States offer more precise statutory definitions and a tiered system of proportionate penalties. This is also the case in various countries around the world, such as the United States. Therefore, Indonesia needs to harmonise overlapping regulations and adopt clearer legal parameters to effectively curb fake news without sacrificing the civil liberties guaranteed by the constitution