Legal Implementation of Electronic Information and Transaction Law in Preventing the Spread of Content Containing SARA Issues through Social Media

Abstract

The existence of the Information and electronic transaction (ITE) Law which manage and control the criminal offences related to the spread of issues that contain SARA (such a sentimental of a specific religion, ethnic and regeneration). Following the concept of law developed by realism as a means of community renewal. This research is normative legal research using laws and conceptual agreement. This research is an analytical descriptive by using qualitative data analysis. This study found that content that contains SARA issues is referred to as hate speech, which can be interpreted as an act of communication carried out by individuals or groups in the form of provocation and threatened to send the criminal actor to the jail for a maximum of 6 (six) years and a fine of Rp. 1,000,000,000 (one billion rupiah). Furthermore, the implementation of legal validity of the ITE Law can be categorized as unimplemented of the law legality establishment as shown from the society who was not able to follow the rule made by law which means that this law did not yet have legal effect. The study recommends that the community needs to behave by following the legal rules set out in the ITE Law.