The Urgency of Revision of the ITE Law

In order to bring a sense of justice in the digital world, many groups, including President Joko Widodo, are urging a revision of the ITE Law. The question is, will the revision only focus on the rubber articles? How can we ensure that state institutions can act fairly in enforcing post-revision regulations?

The Populi Forum discussed it in a discussion entitled "The Urgency of Revision of the ITE Law" on Thursday (18/02/2021), presenting Prof. Henri Subiakto (Expert Staff, Indonesian Ministry of Communication and Information), Wahyudi Djafar (Executive Director, ELSAM), Irine Hiraswari Gayatri (PhD Candidate, Monash Gender, Peace, and Security), and Ade Ghozaly (Researcher, Populi Center) as speakers.

Appointed as the first speaker, Wahyudi Djafar stated that the revision of the ITE Law that is currently in effect is universal, because the dimensions of digital activities that are regulated are so broad. As a result, there are many provisions that are not explained in detail. In some cases, such conditions are also suspected of being a mode of abuse of power, and castrating freedom of speech.
In some countries, such as Singapore, for example, the rules on cybercrime, provisions on electronic signatures, protection of personal data, and others are regulated in separate laws. The broad dimensions of the ITE Law also have the potential to be out of sync with the crimes regulated in the criminal code, in this case the different duration of imprisonment for each type of crime.

The second speaker, Irine Hiraswari Gayatri highlighted the phenomenon of interaction on digital platforms which has recently become increasingly disturbing. She gave an example of how someone can easily have their personal life 'stripped' by another party on social media, such as family photos, ID card numbers, and others, simply because the person criticizes or has a different view. At the same time, the discourse on revising the ITE Law must accommodate the interests of groups that are vulnerable to harassment and persecution, while not providing space for parties who have the potential to abuse their power.

Another resource person, Henri Subiakto, who was once the Chair of the 2016 ITE Law Revision Working Committee, explained that in essence the ITE Law is a legal umbrella to prosecute activities that fall into the category of crimes committed in cyberspace. The problem is that many parties easily use articles in the ITE Law to sue other parties, even though the elements are not necessarily fulfilled. For more material, click here

At the same time, the understanding of law enforcement officers also varies, so that it is not uncommon for legal decisions to appear to injure the sense of justice. Therefore, he proposed a guideline that regulates the norms in the ITE Law intended for law enforcers, especially in articles that have so far been considered to restrict citizens' freedom of expression, such as article 27 paragraph 3 concerning defamation.

Meanwhile, Populi Center researcher Ade Ghozaly emphasized the need for a more comprehensive explanation in the revision of the ITE Law which often invites multiple interpretations. He gave an example of different treatment by law enforcers regarding parties suspected of insulting or causing public unrest. On the other hand, he also stated the importance of broad education regarding the provisions in the ITE Law. This is because the increasing use of social media by the public is not accompanied by an adequate understanding of what is and is not allowed when doing activities on the internet, including in terms of expressing opinions.