Limited Revision Of ITE Law: Immoral Content Makers Are Unregulated, Distributors Are Still Punished

JAKARTA - Coordinating Minister for Political, Legal, and Security Affairs (Menko Polhukam) Mahfud MD said there are a number of catchall articles in the Information and Electronic Transactions Law (UU ITE) that are proposed to be revised. This follows the government's move to carry out a limited revision of the law.

One of the articles proposed for revision is Article 27 Paragraph 1 of the ITE Law related to immorality. Mahfud said, in the limited revision, it was proposed that the only parties who were threatened with punishment were those who spread content while the creators did not.

"It is emphasized that the perpetrators who can be ensnared by Article 27 Paragraph 1 of the ITE Law related to the distribution of decency content are those who have the intention of disseminating moral content to the public. So it is not the person who did it," said Mahfud in a press conference broadcast on the Coordinating Ministry for Political, Legal, and Security Affairs YouTube account, Friday, June 11th.

Even so, immoral content creators don't mean they can't be punished. According to him, they can still be charged with other laws, such as the Pornography Law.

"If people just talk lewdly, people send messages to each other, make pictures via electronic means, but he's not the one who spreads it, that's okay, isn't he punished? Punished," said the former Chief Justice of the Constitutional Court (MK).

"It's not the ITE Law, it has its own laws, such as the Pornography Law," added Mahfud.

Previously reported, Mahfud stated that President Joko Widodo (Jokowi) had approved and gave directions to revise a number of articles in the Electronic Information and Transactions Law (UU ITE).

"We have just reported to the president and have agreed to do it (revision, ed)," Mahfud said in a press conference broadcast on the YouTube account of the Coordinating Ministry for Political, Legal and Security Affairs, Tuesday, June 8.

The former Chief Justice of the Constitutional Court (MK) explained that there are four articles and one other article that will be revised in relation to changes to the ITE Law. The four articles are articles 26, 27, 28, and 36. In addition, there is article 45c which also needs to be revised.

Furthermore, this revised draft will be carried out by the Ministry of Law and Human Rights (Kemenkumham) and will soon be submitted to the Indonesian House of Representatives.

Most recently, Mahfud said the government would not revoke the Electronic Information and Transactions Law (UU ITE). He said the government chose to carry out a limited revision of the law because repealing it would be tantamount to suicide.