bisnisrakyat.id - In the rapidly growing digital era, access to information has become easier and faster. However, this convenience also brings serious challenges, one of which is the spread of fake news or hoaxes. Hoaxes have become a phenomenon that affects various aspects of Indonesian life, including social, political, and security. Moreover, its impact on the legal system in Indonesia cannot be ignored.

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The Spread of Hoaxes in Indonesia

Hoaxes refer to information that is deliberately disseminated to mislead, provoke or create chaos. In Indonesia, cases of hoax spreading have increased along with the increasing use of social media and instant messaging applications. Based on data from the Ministry of Communication and Informatics (Kominfo), by 2023, thousands of hoax contents will be identified and influence society, both in terms of perception and action.

The spread of these hoaxes often involves sensitive issues such as religion, politics, health and economics. For example, hoaxes related to the COVID-19 pandemic claiming a ‘panacea’ without scientific basis have exacerbated public distrust of health institutions. In politics, hoaxes are often used to attack political opponents or manipulate public opinion, especially ahead of elections.

Social and Legal Impacts of Hoaxes

1. Social Polarisation

Hoaxes can trigger social polarisation by creating divisions between community groups. Massively disseminated false information can instil hatred or fear, thus triggering horizontal conflict.

2. Security Instability

In some cases, hoaxes have led to mass riots. A striking example is the riots that occurred in Papua in 2019, which were triggered by false information spread through social media. Hoaxes like this show how false information can lead to anarchy.

3. Burden on the Legal System

The spread of hoaxes increases the workload of law enforcement officials, from the police, prosecutors, to the courts. Each hoax case requires investigation, prosecution, and a trial process that is not simple. In addition, spreading hoaxes can also damage the integrity of the legal system, especially if it is used to manipulate public opinion in certain legal cases.

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Regulations Related to Hoaxes in Indonesia

To address this issue, Indonesia already has a set of laws that regulate the spread of false information. Some of them are:

1. Electronic Information and Transaction Law (UU ITE)

The ITE Law is the main legal basis in handling hoax cases. Article 28 paragraph (1) of the ITE Law prohibits the dissemination of information that is misleading and harmful to the public. Violations of this article are subject to a maximum prison sentence of 6 years and/or a maximum fine of IDR 1 billion.

2. Criminal Code (KUHP)

The Criminal Code also regulates the dissemination of false news through Article 390, which states that the dissemination of false information with the intent to deceive or harm other parties is punishable by imprisonment.

3. Ministry of Communication and Information Regulation

The Ministry of Communication and Information has the authority to take action against websites or accounts that spread hoaxes, including blocking access to such content.

Criticisms and Challenges in Law Enforcement

Although regulations related to hoaxes are quite comprehensive, their implementation in the field is often criticised. One of the main criticisms is the application of the ITE Law, which is considered to be multi-interpretive and potentially misused to silence criticism or freedom of expression. In addition, the lack of digital literacy among the public means that many people do not realise that they have been spreading false information, which in turn leads them to deal with the law.

Law enforcement also faces technical challenges, such as identifying the main perpetrators behind the spread of hoaxes. Perpetrators often use anonymous accounts or utilise international networks to hide their digital footprints.

Efforts to Prevent the Spread of Hoaxes

Preventing the spread of hoaxes requires collaboration from various parties, including the government, digital platforms, media, and the public. The government needs to improve digital literacy by educating the public to be more critical in receiving and disseminating information. Digital platforms such as Facebook, Twitter and WhatsApp also have the responsibility to control the content they disseminate through algorithms or reporting features.

On the other hand, people need to adopt the habit of ‘filter before sharing’. Verifying information through credible sources is an important step to break the chain of hoaxes.

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Last but not least,

The spread of hoaxes is a serious threat to social and legal stability in Indonesia. Despite the existence of regulations, the handling of hoax cases still faces various challenges, ranging from multiple interpretations of the law to the lack of digital literacy. Therefore, a comprehensive and collaborative approach is needed to combat the spread of false information, protect the public, and maintain legal integrity in Indonesia.