Tinjauan Hukum Terhadap Ujaran Kebencian (Hate Speech) Kepada Pemimpin Negara Berdasarkan Undang-Undang Informasi dan Transaksi Elektronik Nomor 1 Tahun 2024

This study examines the enforcement of laws against acts of hate speech directed at state leaders based on the provisions of Law Number 1 of 2024 on Electronic Information and Transactions (ITE Law). The increasing spread of hate speech on social media highlights the existence of legal protection for state leaders as symbols of honor and national stability, while still taking into account the public’s right to express their opinions. This research employs a normative legal method with a statutory approach, utilizing primary legal materials such as the ITE Law, the Criminal Code, and the Human Rights Law, as well as secondary legal materials including relevant literature and journals. The results of this study indicate that Article 27A in conjunction with Article 45 paragraph (3) and/or Article 45A paragraph (2) of the ITE Law serves as the legal basis for taking action against hate speech targeting state leaders. Nevertheless, the application of these articles still faces challenges, such as differing interpretations with the potential for abuse of authority, compounded by the low level of digital literacy among the public. Therefore, law enforcement needs to be carried out fairly, proportionally, and in adherence to democratic principles to avoid imposing restrictions on freedom of expression in the public sphere.