The Reality of Spreading Hoaxes on Social Media: A Sociolegal Approach

DOI

10.2991/icils-19.2019.20How to use a DOI?

Keywords

sociolegal study, hoaxes, social media

Abstract

This study aims to examine how the legal review of the spread of hoaxes in Indonesian positive law? and how does the impact of the hoax spread in the community as a sociological study? This research is qualitative research, with a socio-legal approach. This approach was chosen because researchers want to see the law not only textually but also from other sides involving the context and society. The results of the study indicate that Indonesia positive law regulates the 'hoax' contained in Article 311 paragraph (1), Article 378, Article 390 of the Criminal Code; Article 14 and 15 of Act Number 1 of 1946 concerning Criminal Law Regulations; Article 28 and Article 45 A of Law Number 19 Year 2016 concerning Amendments to Law Number 11 Year 2008 concerning Information and Electronic Transactions; and Law Number 40 of 2008 concerning the Elimination of Race and Ethnic Discrimination. The formulation of legal instruments concerning hoaxes is an effort by Indonesia as a legal and democratic country in protecting the entire Indonesian nation as mandated by the Preamble of the 1945 Constitution to spread hoaxes. The progress of communication and information technology not only has a positive impact on the community but also a negative impact that is quite widespread, which can be used to commit acts against the law or attack other people and even the country. The very fast delivery of information through cyberspace is often inaccurate or lie which can lead to hate speeches. This of course will undermine the spirit of freedom of expression in a democratic system, which can lead to the division of nations and countries.

Copyright

© 2019, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Aditya Yuli Sulistyawan
AU  - Sekar Anggun Gading Pinilih
PY  - 2019/11
DA  - 2019/11
TI  - The Reality of Spreading Hoaxes on Social Media: A Sociolegal Approach
BT  - Proceedings of the 2nd International Conference on Indonesian Legal Studies (ICILS 2019)
PB  - Atlantis Press
SP  - 113
EP  - 117
SN  - 2352-5398
UR  - https://doi.org/10.2991/icils-19.2019.20
DO  - 10.2991/icils-19.2019.20
ID  - YuliSulistyawan2019/11
ER  -