Hate Speech Offences and Their Legal Implications in Indonesia

Abstract

This study aims to analyze the legal framework governing hate speech offences in Indonesia, identify problems in its implementation, and examine its legal implications for society and the law enforcement system. This study employs a normative legal methodology with a legislative and conceptual approach, through a study of the Criminal Code, the Electronic Information and Transactions Act, and relevant legal literature. The research findings indicate that, although regulations concerning hate speech are in place, there remain weaknesses in the form of ambiguously interpreted provisions, the potential for the criminalization of freedom of expression, and disparities in law enforcement. Furthermore, developments in digital technology have created new challenges regarding evidence and jurisdiction. The legal implications of hate speech offences encompass the protection of human rights, legal certainty, and the dynamics of social life and democracy. Therefore, regulatory harmonization, clarity of legal norms, and capacity building for law enforcement officials are required to ensure that law enforcement is carried out proportionately, fairly, and whilst safeguarding freedom of expression