Revision Of The Second ITE Law, Roy Suryo Says There Is Still A Multi-interpretation Article

Telematics and Independent Multimedia Observer KRMT Roy Suryo (Rizky Sulistio/VOI)

JAKARTA - Telematics and Independent Multimedia Observer KRMT Roy Suryo said that the Second Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions (RUU ITE) still leaves articles on multiple interpretations.

Roy sees that this second revision will hardly be too influential and will still leave and cause multiperseption for its implementation in the field.

"Because although there is a reduction in articles, there are also many additional verses in other articles. Even though currently it has also been ratified by the New Criminal Code which contains points in the previous ITE Law, some have even been deleted," said Roy Suryo in a written statement, Thursday 7 December.

He said that objectively he gave his appreciation for the addition of articles 16A and 16B aimed at protecting children in accessing Information Technology.

"Although the addition of this article seems outside the realm of the ITE Law, if you still have to wait for the law from other Ministries that deals with children, it will take too long and it could not be in sync with the ITE Law currently being made," he said.

The former Board of Experts who compiled the ITE Law questioned the changes to articles 27 and 28, which appeared to be reduced, but coupled with other verses.

There is even an additional paragraph 3 regarding the riots caused - as a substitute for similar rules in Article 15 of Law No. 1 of 1946).

"Thus, the revisions in these 2 articles will actually lead to multiple interpretations or tastes of legal officials in interpreting the ITE Law, which until now has no standardization," he said.

Roy assessed that the strange thing again is that there is a revision of Article 40a where the government's intervention allows corrections to the termination of access.

Even in Article 43, it is now possible to close the account unilaterally if it is deemed a violation.

"This is very worrying because there is a lot of dispute because one's perception with another person will definitely not be the same, especially if there are differences in political views," said Roy.

Furthermore, according to Roy Suryo, it is possible that a person is not detained under Article 45 which is usually used so far if he can convey certain conditions.

He said, at first glance, the additional information in this article looks good to protect the community, but he is worried that in the future it can be used as a bargain in determining the fate of someone who will be subject to the article because of differences in perceptions of what he did.