UNAIR Expert: ITE Law Not Against Freedom of Speech

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Prof. Henri Subiakto Professor of FISIP UNAIR. (Personal Doc.)

UNAIR NEWS – Indonesia is a democratic country where people are free to express their opinions. It has also been written in the 1945 Constitution Article 28E paragraph (3), which states that everyone has the right to freedom of association, assembly, and issuing opinions.

Freedom of opinion can be done anywhere on media; one of them is social media. Freedom of opinion on social media is one thing that can be very subjective. Everyone has an opinion on things that appear on social media.

One of the Indonesian comedians gained popularity for his tweet on Twitter, commenting on the recent case that is heavily discussed. Responding to this, quoting on TvOne June 16 Prof. Dr. Drs. Henri Subiakto, SH., MA., Professor on Faculty of Social and Political Sciences, Universitas Airlangga (FISIP UNAIR), explained the recent phenomenon.

According to Prof. Henri, satire criticism contains humor, irony, exaggeration, or ridicule, to expose and criticize people, particularly in the context of contemporary politics and other topical issues.

“As long he does not violate the law, attacking another person by accusing something, there is no problem with it,” he explained.

With this type of tweet, it will bring up creativity for people. Besides, the tweet has no problems according to ITE Law but rather social values ​​that are sensitive to specific issues.

According to Henri as Expert Staff of Minister for Communication and Mass Media stated that the intimidation that he received on twitter is the result of social sensitivity in the community. All of the issues concerning political criticisms, people who support other parties will react immediately. Not only that,  but there are also solidarity groups on social media, both pros, and cons, showing that Indonesia is a dynamic country, and many people think that way.

For him, it became an emphasis that in the democratic era, ITE Law misinterpreted that this policy limit freedom of speech. People think that if they express their opinion, they will be subject to ITE Law. Those who will be subject to ITE Law are people who spread hate speech in the community.

“ITE prohibits hate speech such as accusing something or insulting tribes or groups,” he concluded. (*)

Author: Asthesia Dhea Cantika

Editor : Binti Q. Masruroh

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