Name : Joshintia Swasti Salsa Atrie (NIM: 235120407141005)
1. Introduction
The Big Indonesian Dictionary (KBBI) defines human rights as having rights that must be safeguarded worldwide (UN), such as the right to life, liberty, freedom of expression, and ownership. Human rights are regulated normatively in Indonesia by Article 1 paragraph 1 of the Human Rights Law, which states that “Human Rights are a set of rights that are inherent in the nature and existence of humans as creatures of God Almighty and are His gifts that must be respected, upheld, and protected by the state, law, government, and everyone for the sake of honour and protection of human dignity. “Apart from that, the definition of human rights is implicitly regulated in the preamble/consideration of the International Covenant on Civil and Political Rights (ICCPR) which was ratified in Indonesia Law 12/2005, namely “… these rights derive from the inherent dignity of the human person”
In principle, the purpose of human rights is to protect the equality of people so that there is no discrimination from the strong to the weak, and to promote equality under the law (egalitarianism), and the Indonesian state guarantees the human rights of its citizens , regarding to protect the fundamental rights of citizens, especially to the well-being of physical and mental life, education, health, housing, a decent environment, and creating equality (egalitarianism) under such conditions.
The human rights provisions in the 1945 Constitution which are the basic law are the highest norms that must be obeyed by the state because they are located in the constitution, so the provisions regarding human rights must be respected and their implementation guaranteed by the state. One of article 28 E in chapter and constructive suggestions, starting from persuasive approaches such as dialogue, discussion, friendship, consolidation, to massive approaches, namely through demonstrations or demonstrations, which act on behalf of the people and extend the people’s hand, but in reality this right to freedom is often heard in disagreement among the bearers of aspirations. with the recipient of the aspiration, where is the mistake and the procedures for the carrier of the aspiration? These honest and holy voices are often silenced.
2. Discussion
a. Policy of the Government of the Republic of Indonesia Regarding the Right to Freedom of Speech on Social Media
The notion of the rule of law is clearly incorporated in the Republic of Indonesia’s 1945 Constitution. As a result, three absolute conditions must be met: each country’s government, based on the rule of law and the division of powers, assures the protection of all citizens within its region’s human rights. It not only ensures the political rights of a democratic state with popular sovereignty, but it also allows for public engagement. Participation in governance, rights, and freedom of expression, particularly following her 1945 constitutional revision. This section expressly recognises the right to transmit ideas and ensures that anybody, using whatever device, can express themselves. Based on the hierarchy, the 1945 Constitution is the highest provision for which there is no law that contradicts the values of the 1945 Constitution, and laws should be considered even if there are provisions that contradict the 1945 Constitution. In the digital age, social media has become a part of everyday life due to its huge impact on individuals’ lives. According to facts, Indonesia is one of the country that has the highest number of social media users among many countries in the world. Additionally, several constitutions regulate the fundamental property rights of all Indonesian citizens. Specifically, Article 28E (3) of the 1945 Constitution of the Republic of Indonesia on freedom of expression and association, Law No 9 of 1998, Article 1(1), Article 28F of the 1945 Constitution on freedom to express opinions in public, freedom of information, Human Rights Act No 39 of 1999 and/or Article 23(2), Article 28J(2) of the Human Rights Act Constitution on human rights Law No 27 of 1999 on the Amendment of the Constitutional Law of 1945 and the Criminal Law.
b. Legal Regulations Concerning the Right to Freedom of Speech in the Digital Era
According to Buente and Robin, four components of Internet use, including social media, are particularly important in the digital age: information, pleasure, communication, and transaction. Return to speech freedom: For ethical considerations, the propagation of fake news on the internet is an infringement on free expression. This is also common when manufacturing fake news in order to generate buzz on social media or to benefit internet users who visit the party in question’s social media. Separately, Bagir Mannan stated that obscene remarks, threats, provocation, contempt, and other forms of hate speech are all prohibited. Domestic legislation in the digital age, specifically Article 28J, Article 2 of the Republic of Indonesia’s 1945 Human Rights Constitution, plainly limits the right to freedom of expression. Furthermore, legal instruments on related topics include threats of punishment for violations such as: As a secondary legal norm limited by the issuance of laws and regulations. Because of the punitive aspects of laws and regulations, spreading fake news is fundamentally different from exercising one’s right to free expression. As a result, bogus news is not protected by the right to free expression, and vice versa.
3. The Power of writing
In my opinion, this journal is good at explaining the meaning and benefits of the Right to Freedom of Speech. Where in this journal the author has outlined the rules regarding the right to speak in the digital era.
4. Writing weaknesses
In my opinion, this journal does not explain the ITE Law which should be in the journal, because in this era many individuals speak and express opinions on social media. Other articles in this journal do not provide examples or cases of possible violations of the Law.
5. Comparison with other journals
a. Comparison with other journals The Urgency of Protecting Netizens in Freedom of Speech on Social Media
This journal describes examples of cases that occurred in Indonesia, one of which is the spread of fake news through news media on social media. This journal also explains the possibility of misuse of the internet as a digital medium. Apart from freedom of speech, individuals can also voice their human rights for the progress of society and the country.
b. The Right to Freedom of Expression on Social Media from the Perspective of Human Rights and Islam
This journal provides an explanation of the ITE Law and other regulations related to the 1945 Constitution as the nation’s guidelines. This journal also explains the lack of protection for individuals to express their freedom of opinion.
6. Conclusion
Freedom of opinion is a human right that cannot be limited and must be protected. However, sometimes individuals can abuse their right to express their opinion by making hate speech and unknowingly hurting certain views. Therefore this privilege requires clear boundaries and definite protection. (***)
Reference:
Aviqa, Geby. 2019. The Right of Freedom of Speech on Social Media in the Perspective of International Law and National Law.
Elnajj Keysha Nabila, Andina Elok Puri Maharani. 2022. The Rights and Restrictions of Freedom of Speech in Social Media and the Digital Era.
Priyanto, Grandis Ayuning, Martinus Sardi. 2020. The Urgency of Protecting Netizen in
Freedom of Speech on Social Media. Media of Law and Sharia.
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