Revised ITE Law

Since 28 November 2016, the government has officially enacted the Revised ITE Law. The revised ITE Law was passed in the middle of the 2017 Pilkada campaign. Member of Commission I of the Indonesian Parliament, Dimyati Natakusumah stated that indeed when it decided to become a law, the DPR also considered implementing the Pilkada campaign. When seen so far, in campaigning, people are carrying out black campaigns or negative campaigns. "In black campaigns, people usually make up fake news that is spread via the internet, even though it's lies and slander. It has something to do with everything and with the elections. If it has gone up on social media, it is naturally difficult to brake which ones are right and which are not. If it's a lie, it will harm a number of parties," said Dimyati in the Jakarta Perspective discussion, December 3, 2016.

So what is the government's main target in revising this law? Spokesperson for the Ministry of Communication and Informatics, Noor Izza, explained that in essence, the ITE Law has been actively in effect since 2008. Noor Izza denied that the revision of the ITE Law would increase the criminalization rate of people expressing themselves through social media and the internet, but more to prevention so that criminalization does not occur.

In more detail, Noor Izza also explained that the rules were indeed stricter than before they were revised, and in the revision there were several things. First, in terms of criteria and scope regarding what is meant by insult and defamation. The criteria refers to the Criminal Code. Compared to before, the criteria do not refer to a thing. "So if you insult and defame, it is clear who is being defamed," said Noor Izza.

The second is about complaints. According to Noor Izza, those who can complain are people who can become the target of such insults and defamation. And the third is to prevent criminalization.

Jakarta Bawaslu commissioner, Muhamad Jufri confirmed that indeed, social media campaigns are one of the methods chosen by the campaign team. This is because currently, Pilkada organizers have not allowed advertisements on television. "Campaign methods that can currently be used by the campaign team are social media campaigns, limited dialogue, and face-to-face," explained Muhamad Jufri. Meanwhile, according to Jufri, many campaign activities are carried out on social media by the campaign team because they are cheap, effective, and easy to reach. "Social media is very fast and effective because so many people already use social media. But we're always watching. Carrying out campaigns by insulting and provoking that is what we are anticipating because this is prohibited," said Jufri.

Jufri added that in campaigning via social media, the campaign team must have an official social media account that is registered with the KPU to be used as a campaign tool. If you look at the reality, so far there have been many activities related to the Pilkada, with positive, negative campaigns, and some have even been provocative campaigns. This is the function of the Revised ITE Law for the supervisory role. "We will trace if there is account activity used by someone who is not in accordance with the rules. If they are not registered, they are not entitled to campaign. If it's not a campaign team, not volunteers, positive, even negative, and provocative campaigns are prohibited," said Jufri during the discussion.

Can the revision of the ITE Law immediately reduce political tension? PPP politician Dimyati doubted this. This doubt is because according to Dimyati, there are still many people who think that the Revised ITE Law is considered to limit expression. Whereas on the contrary, the Revised ITE Law teaches to provide good information and knowledge transfer. “Don't be easy because one finger can cause someone to break and their life can fall apart. You have to be careful when using electronics because electronics have a heavier penalty than direct criminals, because electronics directly inform many people," said Dimyati.

Not only to reduce political tension, furthermore, the Revised ITE Law is expected to create social control in the public. The purpose of this social control is where people watch each other and remind each other. "The point is mutual awareness, encourage people to have social awareness too," continued Noor Izza. So in essence, the Revised ITE Law on the one hand provides legal certainty not to stifle aspirations, but if it comes into contact with someone and causes harm to someone, they have the right to proceed legally.

In terms of implementation in the DKI Pilgub, Muhamad Jufri explained that actually in carrying out the campaign by the candidate pairs, the DKI Bawaslu had made a strategy to prevent violations from occurring. Some examples include socializing the rules and sanctions to the candidate pair campaign team, collaborating in participatory supervision with universities and election monitoring institutions, which will jointly oversee all stages of the Pilkada. "They can provide information and report to us," said Jufri.