Donson Sijabat, Wahab Aznul Hidaya, A. Sakti R.S. Rakia

Hate Speech Crimes Through Social Media as Cyber Crimes

Introduction

Hate speech crimes through social media as cyber crimes. Examines hate speech crimes on social media as cybercrimes. Evaluates the effectiveness of Indonesia's ITE Law, offering a cybercriminology perspective for legal reform and digital literacy.

Abstract

This study aims to analyze the application of criminal law in addressing hate speech on social media and to identify the effectiveness of Law Number 11 of 2008 on Electronic Information and Transactions. This study uses a normative juridical approach with qualitative methods, in which data is collected through the analysis of legal documents such as the ITE Law, the Criminal Code, and case jurisprudence from 2020-2023, as well as a literature study of scientific journals, research reports, and comparative data from other countries. The novelty of this research lies in its integrative approach, which combines normative legal analysis with a cybercriminology perspective, resulting in a comprehensive model for handling digital hate speech. Unlike previous studies, which tended to be partial, this study presents a new theoretical framework that explains the unique characteristics of hate speech as a cybercrime and proposes transformative strategies based on the synergy of regulation, technology, and community participation. The results of the study show that the application of criminal law in addressing hate speech on social media faces complex challenges, especially those related to the viral and cross-jurisdictional nature of digital content. Although Law No. 11 of 2008 on Electronic Information and Transactions (ITE Law) has provided a legal basis, its effectiveness is still hampered by several factors, including difficulties in proving cases, limited understanding among law enforcement officials, and the rapid dynamics of technological developments. In conclusion, handling hate speech as a cybercrime requires regulatory reform, increased law enforcement capacity, and public education. Prevention efforts should focus on strengthening digital literacy, while law enforcement needs to be optimized through the application of technology and international cooperation.

Review

This study tackles a highly pertinent and challenging contemporary issue: hate speech crimes perpetrated through social media, viewed through the lens of cybercrime. The stated aims—to analyze the application of criminal law and assess the effectiveness of Law Number 11 of 2008 on Electronic Information and Transactions (ITE Law)—are crucial given the pervasive nature of digital communication and the societal impact of online hate speech. This research addresses a significant gap in understanding how existing legal frameworks grapple with the complex, viral, and often cross-jurisdictional challenges inherent in digital content, making its potential contributions valuable and timely. The methodological approach, a normative juridical study utilizing qualitative methods, appears appropriate for examining legal documents, jurisprudence, and existing literature, while also incorporating comparative data. A notable strength lies in the stated "integrative approach," combining normative legal analysis with a cybercriminology perspective. The abstract strongly posits that this will yield a "comprehensive model for handling digital hate speech" and a "new theoretical framework" that distinguishes hate speech as a unique cybercrime. If effectively executed, this integrative perspective could indeed offer a more holistic and nuanced understanding compared to previous, potentially fragmented studies, and the promise of "transformative strategies based on the synergy of regulation, technology, and community participation" is particularly enticing. The study's preliminary findings highlight critical challenges in applying criminal law to online hate speech, including difficulties in proving cases, limitations in law enforcement understanding, and the rapid pace of technological change—all valid and widely acknowledged issues. The recommendations for regulatory reform, increased law enforcement capacity, public education, and strengthened digital literacy are sound and align with current discourse. However, for the research to truly deliver on its ambitious claims of a "comprehensive model" and "new theoretical framework," the full paper must robustly demonstrate how the proposed "transformative strategies" specifically emerge from the unique *integrative approach* and *cybercriminology perspective*. The abstract sets a high bar, and the detailed discussion should clearly articulate how these elements translate into practical, original, and evidence-based solutions beyond broad policy recommendations.

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