English | 中文 | 下载审德中文简介 

Hotline +62-812-8702-3281

May

06

Hate Speech in Indonesia

In its simplest form, Hate Speech is a statement intended to demean and brutalize another.

It is the use of cruel and derogatory language, gestures or vandalism often directed towards an individual or group. The Indonesian National Commission of Human Rights (Komisi Nasional Hak Asasi Manusia or Komnas HAM) defines Hate Speech as “any action and effort, either direct or indirect, committed based on hatred towards a tribe, religion, belief/faith, race, skin color, ethnicity, disability, and sexual orientation which are incitement against an individual or group of individuals to inispire discrimination, violence, loss of life and/or social, through various platforms”. 2

Today, Indonesia is seeing increasing Hate Speech through a modern form: social media. As Indonesians flock to channels such as Facebook, Twitter, Instagram, and YouTube, the number of recorded Hate Speech cases in the country is on the rise.

Director of the Cyber Crime Unit at the Indonesia State Police Criminal Investigation Agency, Brigadier General Rachmad Wibowo, stated that 122 people were arrested in 2018 alone for committing Hate Speech over social media. At least 3,000 accounts were detected to actively spread prejudiced language online.

Recently, Indonesian rock star Ahmad Dhani was arrested by the police for a Hate Speech crime. In a vlog recorded at the Ganti Presiden event in Surabaya, he used the word “idiot” to describe a group of people rejecting the political movement against the Joko Widodo presidency. He later tweeted: “Blasphemers are cunts who should be spit on in the face”.

Edi Firmanto, Chairman of a community organization called Koalisi Bela NKRI, filed a criminal complaint against Dhani. Following an investigation, the Court of First Instance found Dhani guilty of Hate Speech – for his crime, he was given an 18 month prison sentence.

While laws against Hate Speech are intended to prevent discrimination and prejudice in the public arena, many question whether these same laws infringe on the freedom of speech Indonesia prides itself on respecting.

But, taking a step back, how exactly is Hate Speech handled in Indonesia?

In 2015, Chief of Police, General Badrodin Haiti issued the Circular Letter No. SE/06/X/2015 (the ‘Circular Letter’), which contains internal guidelines for the police in handling Hate Speech crime. Though it provides a comprehensive legal definition for Hate Speech, as it is not in itself a legislation, the Circular Letter is not binding for the general public.3

Based on the Circular Letter, the legal basis to initiate criminal proceedings on Hate Speech in Indonesia follow these legislations:

  1. The Criminal Code (Kitab Undang-undang Hukum Pidana)
  2. The Electronic Information and Transaction Law (Law No. 11 of 2008 as amended with Law No. 19 of 2016)
  3. Eradication of Racial and Ethnic Discriminations Law (Law No. 40 of 2008)

The provisions in Articles 156 and 157 of the Criminal Code as well as Article 28 paragraph (2) of the EIT Law and Article 16 of the Racial and Ethnic Discrimination Law specifically regulates against public expression of hostility, hatred, contempt, or dissention against any group of populations in Indonesia. Therefore, their categorization as Hate Speech crimes are straightforward. However, grey areas emerge in Articles 310 and 311 of the Criminal Code in the Circular Letter, which states that defamation and libel – both of which are more subjective and ambiguous in definition – also constitute Hate Speech.

The inclusion of defamation and libel in the Circular Letter allow for wide interpretation of Hate Speech, making the enforcement of these legislations in Indonesia far-reaching and often controversial. For this reason, it is critical for one to take caution when making or endorsing critical statements in public, especially on social media where sharing thoughts has become as easy as the touch of a button.

Schinder Law Firm can provide legal assistance on issues related to Hate Speech. We believe in multiculturalism and the idea of strength in diversity, which rests on mutual understanding and freedom of expression.

_________________________________________________________
1https://en.wikipedia.org/wiki/Hate_speech
2Buku Saku Penanganan Ujaran Kebencian (Komnas HAM, Chapter 2, page 9. 3The Circular Letter even acknowledges LGBTQ groups and individuals’ rights to state protection.

About the author:

 

Prisca AnabellaPrisca Anabella
Prisca Anabella was awarded a Bachelor of Law (Sarjana Hukum) degree by Atma Jaya Catholic University in 2018, majoring in Criminal Law. When she was a law student, she also served internship in another law firm in Jakarta, where she gained invaluable insights into the day-to-day operation of a law firm.

Recent Posts

Let Us Be Your Guide.
Our thorough understanding of local culture
ensures that your business will be in compliance
with all laws and regulations and receive
a warm welcome in the community.

Dear valued Visitor,

Data is a valuable currency in this new world. In the midst of digital transformation, the Indonesian government has taken the final decision to pass the Pelindungan Data Pribadi (PDP) Bill by September 2022. The PDP Law applies to all businesses established in Indonesia and puts the consumer in control. The task of complying with this regulation falls upon businesses.

The PDP Law affects a variety of business operations, including how your sales team prospect and how marketing initiatives are managed. Businesses have had to reassess their business procedures, applications, and forms. Additionally, all businesses that work with personal data should designate a Data Protection Officer (DPO) or data controller to oversee PDP compliance.

In line with this spirit, it gives us great pleasure to announce and share with all our esteemed clients and business associates that Schinder Law Firm is prepared to assist your company to understand the impacts of the Personal Data Protection Law (PDPL) and take the required measures to comply with the law. Our Privacy, Data Protection, and Cybersecurity practice group is a pioneer in providing data privacy law services in Indonesia. Personal data protection services include but are not limited to:

  • Assessing the existing systems, processes, and controls, etc.
  • Providing provide gap assessment on the existing systems, processes, and controls, etc.
  • Developing and ensuring contracts and agreements comply with the PDP Law
  • Developing policies, best practices, and procedures
  • Advising on the security of personal data and managing data breaches
  • Acting as the Data Protection Officer (DPO) and advising upon the appointment, role, and responsibilities of a data protection officer
  • Advising on cross-border transfers of personal data
  • Carrying out data protection impact assessments and data protection audits
  • Recommending other necessary corrective actions in order to comply with the PDP Law
  • Training on the PDP Law tailored to clients’ businesses

We look forward to many more opportunities in the year ahead with your continued support and trust. For consultation, please send us a WhatsApp or Email.

Warmest regards,
Naz Schinder
Managing Partner

Our Service

Keep Up with the New Law in Indonesia: Personal Data Protection

  • Assessing the existing systems, processes and controls, etc.
  • Providing provide gap assessment on the existing systems, processes and controls, etc.
  • Developing and ensuring contracts and agreements comply with the PDPL.
  • Developing policies, best practices and procedures.
  • Advising on security of personal data and managing data breaches.
  • Acting as the Data Protection Officer (DPO) and advising upon the appointment, role and responsibilities of a data protection officer.
  • Advising on cross-border transfers of personal data.
  • Carrying out data protection impact assessments and data protection audits.
  • Recommending other necessary corrective actions in order to comply with the PDPL.
  • Training on the PDPL tailored to clients’ businesses.
Privacy, Data Protection and Cyber Security
We help our clients to understand the impact of the Personal Data Protection Law (PDPL) on their companies and take the required measures to comply with the law.
Read More