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Pertanggung Jawaban Hukum bagi Pelaku yang Menghapus Postingan Pemicu Kebencian di Media Sosial dalam Perspektif Undang-Undang (ITE) Informasi dan Transaksi Elektronik

Year: 2026
Type: article
Abstract: This study aims to examine and analyze legal liability for hate speech perpetrators regarding hate-triggering social media posts that have been deleted. The deletion of hate-inducing content on social media signifies an act of hate speech that targets individuals or groups and potentially incites hostility. The enactment of Law No. 11 of 2008, as amended by Law No. 19 of 2016 and subsequently Law No. 1 of 2024 concerning Electronic Information and Transactions (EIT Law), marks a pivotal step toward more rigorous law enforcement against hate speech offenders in digital spaces. In practice, legal accountability for perpetrators remains inconsistent, as the Indonesian legal framework continues to search for an optimal mechanism for handling these cases. Nevertheless, perpetrators who intentionally and unlawfully disseminate hate speech—whether containing elements of insult, defamation, blasphemy, unpleasant acts, provocation, incitement, or hoax dissemination—remain individually liable as legal subjects. This study addresses two main objectives: first, to determine the extent of legal liability for social media hate speech perpetrators; second, to identify the contributing factors to online hate speech under the perspective of the EIT Law. Conducted in North Sulawesi Province, this study employs a mixed normative-empirical legal research approach with a descriptive-analytical specification, drawing on primary, secondary, and tertiary legal materials. Ultimately, legal accountability for hate speech perpetrators who delete their content must prioritize tangible benefits for victims and the broader public using social and electronic media.
DOI: 10.51278/bce.v6i3.2177
Language: English
Subfield: Law
Open Access status: diamond
OpenAlex ID: W7225618425
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