ITE Law Revisions Deemed Urgent

Kompas

Screenshot shows President Joko Widodo inaugurating Police General Listyo Sigit Prabowo as National Police Chief.

The National Police chief has ordered his subordinates to formulate guidelines on case settlements pertaining to Law No. 19/2016 on Electronic Information and Transactions (ITE). However, the law still needs to be revised as a number of its articles threaten freedom of expression.

JAKARTA, KOMPAS— The National Police will scrutinize cases related to Law No. 19/2016 on Electronic Information and Transactions (ITE) in the past six years as a basis for evaluating the law. Police headquarters at the regional level have been ordered to form guidelines on solving cases related to the law in order to minimize multiple interpretations of the law during its enforcement.

Also read: Digital Ecosystem not yet Established

The guidelines stipulate, among other things, that those who perceive themselves as victims in cases pertaining to the ITE Law must personally report the case to the police. In lodging a report, the victims cannot be represented.

However, this stipulation is not enough. A number of public entities still hope that several problematic articles of the ITE Law will be revised as they threaten freedom of expression. The problematic articles include those pertaining to defamation and hate speech.

Also read: Criticism and Retrogression of Democracy

National Police spokesperson Comr. Ahmad Ramadhan said on Thursday (18/2/2021) that National Police chief Gen. Listyo Sigit Prabowo had ordered police officers at regional and precinct levels to devise guidelines for the police force on receiving and assessing case submissions related to the ITE Law.

The guidelines will pertain to, among other things, the case submitters. “It must be the victims themselves who report the case. They cannot be represented. For instance, the victim of the case is B, so B must report the case, not A,” explained Ahmad.

Previously, President Joko Widodo urged the National Police to be more selective in handling reports on alleged violations of the ITE Law. If the law fails to provide justice for the people, the President plans to revise the law, particularly to erase problematic articles that are susceptible to multiple interpretations (Kompas, 16/2).

KOMPAS/Wawan H Prabowo

Human rights activists came to the Presidential Palace Complex, Jakarta, to give support to former honorary staff at SMAN 7 Mataram, West Nusa Tenggara, who was convicted of violating the Law on Electronic Information and Transactions, Baiq Nuril, Monday (15/7/2019) .

Ahmad added that the National Police chief had instructed his subordinates as well to give extra attention to cases related to the ITE Law in the past six years which were widely discussed in the public as a basis of evaluation.

Not enough

Saiful Mahdi, a lecturer at Syiah Kuala University, Aceh, who is currently entangled in a legal process related to the ITE Law, hopes the government and the House of Representatives could revise the ITE Law by removing all problematic articles and criminal charges based on allegations of defamation. He proposed that defamation could be regulated through a civil law instead. “Otherwise, it may prevent the public from issuing criticisms and, thus, kill our democracy,” said Saiful.

Saiful is currently lodging an appeal for a defamation case that he is facing. In 2019, he was reported by the head of Syiah Kuala University’s School of Engineering for posting his criticism in a WhatsApp group pertaining to the recruitment process of civil servants in the faculty.

“I didn’t expect that my post in the WhatsApp group would spiral out of control and become an exhausting affair,” said Saiful.

The SAFEnet report concludes that journalists, activists and critical citizens are most often ensnared in the ITE Law’s problematic articles.

Previously, the Southeast Asia Freedom of Expression Network (SAFEnet) recorded 375 cases related to the ITE Law which entangled Indonesian netizens from 2008 to early 2021. The ITE Law was first issued in 2008 and revised once in 2016. The SAFEnet report concludes that journalists, activists and critical citizens are most often ensnared in the ITE Law’s problematic articles.

In this regard, he urges for an overhaul of the law by removing problematic articles within the law.

Head of the Victims of the ITE Law Community Muhammad Arsyad asserted that the ITE Law could target anyone. People could report each other to the police using this law in responding to personal attacks. In this regard, he urges for an overhaul of the law by removing problematic articles within the law.

“Regulations on defamation, hate speech and pornography in the Criminal Code (KUHP) are clearer,” said Arsyad.

Member of House Commission III from the National Awakening Party (PKB) faction, Jazilul Fawaid, said his faction supported the revision of the ITE Law. He even proposed a complete revision of the law by separating issues pertaining to electronic transactions from those pertaining to electronic information, saying that the two subject matters were different in nature.

“Particularly [the articles] regarding defamation and insults, they are very prone to multiple interpretations,” said Jazilul.

Member of House Commission I from the Indonesian Democratic Party of Struggle (PDI-P), Effendi Simbolon, highlighted that any revision of the ITE Law must be comprehensive as the law was still deemed important in regulating the digital space and promoting healthier exchanges of information. The validity of allegations about the so-called problematic articles must be specified and proven. The plan to revise the ITE Law must not be misused to weaken efforts to build a better digital space.

Also read: Political Party Reform

Henri Subiakto, an expert staff member at the Communications and Information Ministry and also chairman of the government’s working committee responsible for revising the ITE Law in 2016, said the problems surrounding the ITE Law centered on its implementation or interpretation, not on its norms.

KOMPAS/WAWAN H PRABOWO

A banner containing an appeal not to spread hoaxes on Jalan S Parman, Jakarta, Friday (23/11/2018).

“Several verdicts of the Constitutional Court pronounced the so-called problematic articles of the ITE Law as constitutional. This indicates that the guidelines for the enforcement of the law are important. Even if changes are made to the ITE Law, the changes must be limited to articles that are susceptible to loose interpretations, such as the one on insults,” said Henri.

Henri added that the most plausible revision would be the removal of the word “insults” in Article 27 Paragraph (3) of the ITE Law, since the word “insult” constituted a broad concept that was often associated with emotive feelings.

(This article was translated by Astria Z. Nabila)