Defining Online Hate Speech under Indonesia Legal System: Implication For Sustainable of Justice

Proceedings of the Proceedings of The 1st Workshop Multimedia Education, Learning, Assessment and its Implementation in Game and Gamification, Medan Indonesia, 26th January 2019, WOMELA-GG Pub Date : 2019-04-17 DOI:10.4108/EAI.26-1-2019.2283212

V. Prahassacitta

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Abstract

Online hate speech relates to sustainable development, therefore this research has two objectives. First, to define legal concepts of hate speech under Indonesia legal system. Second, to recognize whether the legal concept of hate speech supports Indonesia’s sustainable development goals. Then, as normative legal research, secondary data collected through a literature study from legal data sources, including legislation and twenty court decisions from year 2004 until early 2018. Using analytical and historical approaches, the data is categorized and analysed to meet with the research objectives. The result concludes that because of anti-hate speech provisions determinate to promote peace and stability, thus the definitions of hate speech beyond to promote hatred against the particular group based on their identity or characteristics. This obstructs not only freedom of speech, but also the sustainable development goals.

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在印尼法律制度下界定网路仇恨言论:对永续正义的启示

网络仇恨言论涉及可持续发展，因此本研究有两个目标。首先，在印尼法律体系下对仇恨言论的法律概念进行界定。其次，认识到仇恨言论的法律概念是否支持印尼的可持续发展目标。然后，作为规范性法律研究，通过文献研究从法律数据源收集二手数据，包括2004年至2018年初的立法和20项法院判决。使用分析和历史方法，对数据进行分类和分析，以满足研究目标。结果表明，由于反仇恨言论的规定决定了促进和平与稳定，因此仇恨言论的定义超越了促进对基于其身份或特征的特定群体的仇恨。这不仅阻碍了言论自由，也阻碍了可持续发展目标的实现。

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Proceedings of the Proceedings of The 1st Workshop Multimedia Education, Learning, Assessment and its Implementation in Game and Gamification, Medan Indonesia, 26th January 2019, WOMELA-GG

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