January 6th, 2022
Reported And Translated by: PO
Written by: D. Supriyanto Jagad N
Buzer Destroys The Democratic Order
JAKARTA (ANN) | Ferdinand Hutahaean’s tweet on his Twitter account @FerdinandHutahean3, which tweeted ‘Your God is weak’ sparked an angry reaction from netizens. The tweet was made by Ferdinand on Tuesday (4/1/2022) But the tweet has been deleted.
“It’s a pity that your God is weak, he must be defended. For me, my God is extraordinary, omnipotent. He is my defender always and my God does not need to be defended,” Ferdinand tweeted.
Suddenly, the tweet drew an angry reaction from netizens. Outbursts of anger were also directed at this former Democrat Party cadre, and the hashtag #arrest Ferdinand emerged as a reaction of anger. “
#Arrest Ferdinand Making noise. If not caught, similar things will appear at other times, different people, and worry about attacking each other. Cursing God at each other, worried about building public emotions,” said the account @alkhaddaff
Anger was also conveyed by the @yoedhanegara account. “ Over self-confidence sometimes makes it out of sync between what’s in your head and what comes out of your mouth, that’s what ultimately makes politicians jump into a sprained tongue and become a blasphemer of God.
#TangkapFerdinand#TangkapFerdinandHutahaean,” tweeted the account @yoedhanegara In addition to the hashtag #Arrest Ferdinand, a number of netizens will also report Ferdinand’s tweet to the police.
The case of Ferdinand is only a small example. There are still a lot of words milling about on social media that have the potential to cause noise, create new problems in the midst of our joint efforts to build harmony in the life of the nation and state. The rise of the phenomenon of buzzers or buzzers on social media, which has recently become increasingly widespread, is to turn facts into opinions. If we look at the developments that are happening in social media today, opinions are raised as truth not facts, by using various means, including using buzzer troops.
Of course this is a concern for us, and has the potential to damage the joints of life in the nation and state. Currently, Indonesia is entering a post truth era marked by the blurring of the distinction between fact and opinion.
This happened because of the flood of information on social media. As a result, objective facts and information become blurred, even drowned by a flood of subjective opinions. In a democracy, it should be filled with critical discourse. While the buzzer only affects public opinion so as to erode critical thinking.
The buzzer’s work pattern has succeeded in influencing people who are still unfamiliar with information, so they tend to be emotional and irrational in responding to it.
The government should be present to prevent the spread of the buzzer by educating the public through digital literacy. Not on the contrary, doing omissions that actually destroy the essence of democracy itself.
Legal Impact of Misuse of Information
Today, the issue of hoaxes is also increasingly emerging, along with the growing number of social media users. The massive use of social media for various information, if not accompanied by adequate media literacy, will become a serious threat to the life of society, nation and state, if the information shared is in the form of slander, fake news (hoax), RACISM and hate speech.
The spread of hoax news, hate speech and others, can lead to uproar and can destroy the life of society, nation and state. Along with the increasing need for modernization and globalization, where people in their daily lives are highly dependent on smartphones, the population of smartphone users also increases.
Based on the data, Indonesia is the country with the fourth largest smartphone users in the world after China, India and America. With so much information that can be obtained only through smartphones, many people use smartphones according to their wishes, both in positive and negative terms.
Currently, with the growing need for technology in human life to just share photos and writings to the general public or to the public in cyberspace, what we usually call “netizens” has become something that can be called a necessity because it is done as a necessity that is carried out continuously. in daily life. But there are many people who misuse social media irresponsibly to spread hate writing, fraud, or lies which are commonly called hoax news.
Hoax news raises anxiety from various parties, including the government and the community. Hoaxes cause conflict in the midst of a pluralistic Indonesian society with various ideological differences in politics and religion.
This fake news is made in such a way that the relevant parties who are targeted by the news are influenced and believe in the information being disseminated.
Many people take advantage of the existence of this hoax news for their interests in different purposes such as for political purposes which can continuously or gradually cause conflict in the community.
Real news by adding photos or videos of the occurrence of the news. The motive used is so that many people sympathize and can make one party’s advantage.
The culture of the Indonesian people who lack interest in reading and are easily influenced by the environment of the people around them trigger this hoax.
The tendency of the community to use social media that is very active has motivated those who spread hoax news to compete in making news that can look insulting, insulting, and slandering others, which is regulated by law in Indonesia.
If the hate speech contains defamation or demeaning of a certain individual or group, the person making the hate speech can be punished according to the laws in force in Indonesia.
The use of social media is also regulated by the ITE law which can bind violators to applicable criminal penalties. The term hoax or hoax is not known in Indonesian laws and regulations, but there are several regulations that regulate hoax news or fake news.
The following is the explanation: First, article 28 paragraph (1) of Law Number 11 of 2008 concerning Information and Electronic Transactions (“UU ITE”) as amended by Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (“Law 19/2016”) regulates the spread of false news in electronic media (including social media) stating: Everyone intentionally, and without rights, spreads false and misleading news that results in consumer losses in Electronic Transactions.
If they violate the provisions of Article 28 of the ITE Law, they may be subject to sanctions as stipulated in Article 45A paragraph (1) of Law 19/2016, namely: Anyone who intentionally and without rights spreads false and misleading news that results in consumer losses in Electronic Transactions as referred to in Article 28 of the ITE Law. Article 28 paragraph (1) shall be sentenced to a maximum imprisonment of 6 (six) years and/or a maximum fine of Rp. 1 billion.
The act regulated in Article 28 paragraph (1) of the ITE Law is one of the actions prohibited in the ITE Law. The ITE Law does not explain what is meant by “fake and misleading news”. However, if you look closely, the ITE Law and its amendments specifically regulate hoaxes (fake news) that result in consumer losses in electronic transactions.
Then what is the legal basis used for spreading fake news that does not result in consumer losses in electronic transactions?
Fake news that is spread through electronic media (social media) which is not intended to mislead consumers, can be punished according to the ITE Law depending on the content of the content being spread, such as: If it contains gambling, it can be punished based on Article 27 paragraph (2) of the ITE Law; If it contains insults and/or defamation, it will be punished according to Article 27 paragraph (3) of the ITE Law; If it contains extortion and or threats, it will be punished according to Article 27 paragraph (4) of the ITE Law; If it is charged with causing hatred based on SARA, it will be punished according to Article 28 paragraph (2) of the ITE Law; If it contains threats of violence or intimidation aimed at personally, it will be punished according to Article 29 of the ITE Law.
Second, Article 390 of the Criminal Code (“KUHP”) also regulates the same thing although with a slightly different formulation, namely the use of the phrase “broadcasting false news”. Article 390 of the Criminal Code reads as follows: Anyone with the intention of benefiting himself or another person by fighting the right to lower or increase the price of merchandise, fonds or money securities by broadcasting false news, shall be sentenced to a maximum imprisonment of two years and eight months.
The state of Indonesia, which is a state of law, has a different character from one another. Indonesian society is a moral and ethical society with all its diversity. The characters of courtesy, friendly, mutual respect, and love to socialize which are characteristics of Indonesian society in terms of culture and national personality that must be maintained and upheld to be preserved from generation to generation so that they do not fade and will be transmitted to posterity.
Law enforcement and the cultivation of good morals and ethics can affect people’s lifestyles to become more regular, so there will be less desire to spread fake news or hoaxes. It is time for us to return to cool the life of society, nation and state, by educating the use of social media to ward off hoax and slanderous content, so that the noise can be silenced.
*) Founder of the Indonesia strategic forum, Secretary General of the DPP Association of Journalists of the Republic of Indonesia