SKB Guidelines For The ITE Law Are Not Legal Products, Their Application Is Not Retroactive

JAKARTA - The Study Team of the Electronic Information and Transaction Law (UU ITE) said the SKB Guidelines for the ITE Law were not a legal product.

This guideline is limited to filling in the gaps during the limited revision process and overcoming the double interpretation of the article which is often referred to as the rubber article.

"This joint decision is not a legal product, but this decision is needed as a commitment by law enforcement to fill the existing void. To overcome, for example, the interpretation of existing provisions so that it can be interpreted uniformly," said Head of the ITE Law Study Team Sugeng Purnomo to reporters during a discussion. online, Thursday, June 24.

For this reason, the SKB Guidelines for the ITE Law are not retroactive. So that the handling of the case remains based on the previously applicable rules but follows the guidelines that were signed on Wednesday, June 23 yesterday.

"So if it is said to be retroactive, no. The only problem is, 'sir, what if the case is currently under investigation or in progress?'. This should still be guided so that it does not apply retroactively," said Sugeng.

In addition, Sugeng said, the guidelines for the ITE Law also cannot be used to stop the process of investigating related cases. "For example, 'Sir, the case has been decided, before the birth of this guideline. If you refer to this guideline, it should not be a criminal act or not be processed', it can't be done," he explained.

As previously reported, the Guidelines for the Criteria for the Implementation 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, and so on, all of which have been discussed, this is the result," said the former chairman. 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 implementing several articles of the Law ITE, articles 27, 28, 29, 36," said Mahfud.

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