Change The ITE Law On The Spread Of Immoral Content: Defending Yourself Can Be Exception

Director General of Aptika Samuel Abrijani Pangerapan (photo: Dinda Buana/VOI)

JAKARTA - In the second amendment to Law Number 11 of 2018 concerning Electronic Information and Transactions, the Ministry of Communication and Information provides several changes to Article 27 which is considered a rubber article.

The contents of Article 27 Paragraph (1) are, Everyone intentionally and without the right to broadcast, show them, distribute, transmit and/or make accessible Electronic Information and/or Electronic Documents that have content that violates decency to be known to the public.

Regarding Article 27 Paragraph (1), Director General of Informatics Applications (Aptica) Samuel A. Pangerapan said that this second change added exceptions for those who defended themselves.

"So, apart from Article 27, we have to look at Article 45 as its demands. Now there says that this does not apply if it is for, the bait defends itself," Sammy explained in his press conference which took place on Thursday, November 23 in Jakarta.

Sammy also gave an example of the self-defense case intended in the ITE Bill, namely the Baiq Nuril case which spreads conversations with his principal regarding immoral acts.

"So we help, give exceptions and also related to decency does not apply if we look at article 45 paragraph in its demands," Sammy explained further.

However, if the distribution of susila content is not included in the exception category, namely self-defense, then in accordance with the guidance listed, the perpetrator will be subject to a six-year sentence and a fine of one billion rupiah.

"The act as referred to in paragraph 1 cannot be punished in terms of, one is self-defense, if he defends himself can't. The second is for the public interest, so he is known to the general public for example the most concrete example of pedophilia," he explained.