JAKARTA - The Guidelines for the Implementation Criteria of the Electronic Information and Transaction Law (UU ITE) have been signed. With this guideline, it is hoped that law enforcement related to the law will no longer have multiple interpretations and guarantee a sense of justice for the community while waiting for the revised draft to be included in the 2021 Priority Prolegnas.
The signing was carried out by the Minister of Communication and Information (Menkominfo) Johnny G Plate, National Police Chief General Listyo Sigit Prabowo, and Attorney General ST Burhanuddin today or Wednesday, June 23 with a closed agenda.
"While waiting for a limited revision, the implementation guidelines signed by three ministers and one head of a ministerial-level institution can run and can provide maximum protection to the public," said Coordinating Minister for Political, Legal and Security Affairs (Menko Polhukam) Mahfud MD in a written statement, Wednesday. , June 22.
Mahfud, who witnessed the signing, said that this implementation guideline had absorbed the aspirations of the people from the discussions that had been held previously.
"This (guideline, ed) was made after hearing from relevant officials, from the police, the Attorney General's Office, Kominfo, the community, NGOs, campuses, victims, reported parties, reporters, etc. the Constitutional Court (MK).
In principle, continued Mahfud, this guideline responds to the voices of the people who often mention that the ITE Law often takes victims because it contains rubber articles and causes criminalization as well as discrimination.
"Earlier, the four of us, I was the Coordinating Minister for Political, Legal and Security Affairs, the Minister of Communication and Information, then the Attorney General, then the National Police Chief, following up on the decision of the internal cabinet meeting on June 8, 2021 yesterday, which decided on: one, the plan for a limited revision of the ITE Law, then the second regarding guidelines for the implementation of several articles of the Law. ITE, articles 27, 28, 29, 36," said Mahfud.
Complementing Mahfud's statement, the Minister of Communications and Informatics Johnny G Plate hopes that the guidelines for implementing the ITE Law can support law enforcement that prioritizes the application of restorative justice.
So, problems related to the ITE Law can be done without having to go through a judicial mechanism.
"To strengthen the position of criminal justice provisions as the ultimum remedium or last resort in resolving legal problems. This application guide contains explanations regarding definitions, requirements, and links with other laws and regulations, to articles that are often in the public spotlight," said Johnny
Furthermore, after the implementation is signed, socialization to law enforcement officers will be carried out massively and continuously.
The following is the attachment of the SKB Guidelines for the Implementation of the ITE Law:
a. Article 27 paragraph (1) focuses on this article on the act of transmitting, distributing and/or making it accessible, not on the act of decency. Perpetrators intentionally allow the public to view or resubmit the content.
b. Article 27 paragraph (2) focuses on this article on the act of transmitting, distributing, and making accessible gambling content that is prohibited or does not have a permit based on statutory regulations.
c. Article 27 paragraph (3) focuses on this article:
1. In an act that is done intentionally with the intention of distributing/transmitting/making accessible information whose contents attack someone's honor by accusing something of something so that it is known to the public.
2. It is not a criminal offense if the content is in the form of insults which are categorized as insults, ridicule, and/or inappropriate words, also if the content is in the form of judgments, opinions, evaluation results or a fact.
3. It is a complaint offense so it must be the victim himself who reports, and not an institution, corporation, profession or position.
4. It is not an offense of insult and/or defamation if the content is distributed through closed or limited group conversations.
5. If journalists personally upload their personal writings on social media or the internet, then the ITE Law will still apply, unless it is carried out by a press institution, then Law Number 40 of 1999 concerning the Press will apply.
d. Article 27 paragraph (4) focuses on this article is an act committed by a person or organization or legal entity and delivered openly or privately, either in the form of coercion with the aim of unlawfully benefiting oneself or others or threatening to reveal secrets, threatening to spread personal data, private photos and/or private videos.
e. Article 28 paragraph (1) focuses on this article on the act of spreading false news in the context of electronic transactions such as online trading transactions and cannot be imposed on parties who default and/or experience force majeure. It is a material offense, so consumer losses as a result of fake news must be calculated and the value determined.
f. Article 28 paragraph (2) focuses on this article on the act of disseminating information that creates feelings of hatred or hostility towards individuals/community groups based on SARA. Submission of opinions, statements of disapproval or disapproval of individuals/community groups are not prohibited acts, unless those disseminated can be proven.
g. Article 29 focuses on the act of sending information containing threats of violence or intimidation aimed at personally or threatening human life, not threatening to damage buildings or property and is a general offense.
h. Article 36 focuses on this article is that material losses occur to victims of individuals or legal entities, not indirect losses, not in the form of potential losses, and not non-material losses. The value of material losses refers to the Regulation of the Supreme Court Number 2 of 2012.
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