POLITIK HUKUM KETENTUAN PASAL 27 AYAT (3) UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK DIKAITKAN DENGAN KEBEBASAN BERPENDAPAT

Abstract

The development of information technology today is inseparable from the era of
globalization, one form of this technological progress can be seen from the increasing
number of trade transactions using online media via the internet. In addition, through the
internet, a person can communicate without being limited by time and space so that it can
be said that the internet is one of the channels for people to express their opinions.
However, it is unfortunate that the current technological developments are not
accompanied by a good mentality, it can be seen from the many cases of defamation that
have resulted in convictions. Starting from the problem of mutual ridicule, criticism that
is considered insulting, or the spread of false information in the community (hoax). In
such conditions it is deemed necessary to give birth to the ITE Law, the birth of the ITE
Law also creates a polemic with the emergence of Article 27 Paragraph (3) which is
considered by many as a rubber article with the intention of silencing the freedom of
expression and opinion guaranteed in the constitution.
This type of research the writer uses is normative legal research. Normative legal
research is doctrinal legal research, also known as library research or documentary
study which focuses on secondary data. The data collection technique in this research is
literature study, in which the author takes quotes from books, literature, or supporting
books related to the problems to be studied. In writing this thesis, the author uses
descriptive analysis (descriptive analysis) which aims to provide a description of the
research subject based on data obtained from the subject under study.
The results of this thesis research conclude that Article 27 paragraph (3) of the
ITE Law was entered suddenly at the last minute of the ratification of the ITE Bill into
Law without any prior basis for consideration. regarding the need to formulate
provisions regarding defamation and / or defamation where the main objective of the ITE
Law is to regulate online trade (e-commerce) and electronic signatures (electronic
signatures). The two freedom of opinion with social media after the enactment of the ITE
Law has the potential to paralyze the people's right to express their aspirations in terms
of expressing opinions, criticizing and complaining even though these are human rights
protected by the state.
Keywords: Political Law - Freedom of Opinion - ITE Law