After The Constitutional Court Accepts Judicial Review Of The ITE Law, The Police Are Ready To Adapt

Head of the Public Information Bureau (Karopenmas) of the National Police's Divhumas Brigadier General Pol. Trunoyudo Wisnu Andiko. (Between)

JAKARTA - The Indonesian National Police (Polri) has stated that they are ready to adapt after the decision of the Constitutional Court (MK) which corrected several articles in the Electronic Information and Transactions Law (UU ITE).

"Of course the National Police will adapt or adapt and comply with the Constitutional Court's decision which is a rule that applies to providing protection and services to the community," said Head of the Public Information Bureau (Karopenmas) of the Police Public Relations Division Brigadier General Pol. Trunoyudo Wisnu Andiko to reporters in Jakarta, Wednesday, April 30, as confiscated by Antara.

It is known, on Tuesday (29/4), the Constitutional Court (MK) issued two decisions relating to the ITE Law.

The first decision is that the Constitutional Court states that articles that attack honor or good name regulated in Law Number 1 of 2024 concerning ITE are excluded for government institutions to groups of people with specific identities.

In its decision, the Constitutional Court stated that the phrase other people' in Article 27A and Article 45 paragraph (4) of the ITE Law contradicts the 1945 Constitution of the Republic of Indonesia and has no conditional binding law as long as it is not interpreted except for government institutions, a group of people with specific or specific identities, institutions, corporations, professions or positions.

In legal considerations, the Constitutional Court stated that there was an unclear limitation of the phrase 'other person' in Article 27A of the ITE Law so that the norm of the article was vulnerable to misuse.

In addition, the provisions of Article 27A of the ITE Law are also related to Article 45 paragraph (7) of the ITE Law which states that acts of attacking honor or good name cannot be punished if the act is carried out in the public interest or because it is forced to defend itself.

Furthermore, the Court emphasized that Article 27A and its relation to Article 45 paragraph (5) of the ITE Law is a criminal act with a complaint offense. This means that this action can be prosecuted for complaints from victims or people affected by criminal acts or who have been defamed.

Therefore, it is excluded from the provisions of Article 27A of the ITE Law if those who are victims of defamation are not individuals or individuals, but government institutions, groups of people with specific or certain identities, institutions, corporations, professions or positions.

Meanwhile, the second decision is that the Constitutional Court states that acts of disseminating information or electronic documents containing false notifications or hoaxes can be punished if they cause riots in the physical room, not in the digital space.

Ihwal tersebut merupakan penjelasan MK atas maksin kata "kerusuhan" dalam Pasal 28 ayat (3) dan Pasal 45A ayat (3) Undang-Undang Nomor 1 Tahun 2024 tentang ITE.

In legal considerations, the Court stated that the norm of Article 28 paragraph (3) of the ITE Law creates legal uncertainty when it comes to its explanation section. In the explanation of Article 28 paragraph (3) of the ITE Law, it stipulates that the word "construction" means conditions that disturb public order in the physical space, not in the digital or cyber space.

This means that the explanation of Article 28 paragraph (3) of the ITE Law has provided clear restrictions that the spread of false notifications that cause physical unrest in the community, while the commotion or riots in cyberspace are not included in the provisions of this article.

With these restrictions, law enforcement officers can only carry out legal processes against the spread of fake news that causes commotion or physical unrest that occurs in the community.

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Head of the Public Information Bureau (Karopenmas) of the National Police's Divhumas Brigadier General Pol. Trunoyudo Wisnu Andiko. (Between)