DPR Commission I Vice Speaker: BSSN is Not a Legal Institution

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Oleh Yudi Rahmat, Jumat, 26 Januari 2018 | 10:49 WIB - Redaktur: Penni Patmawati Rusman - 905


Jakarta, InfoPublik – Vice Speaker of Indonesian House of Representatives Commission I TB Hasanuddin stated that the State Cyber and Cypher Agency (BSSN) does not have the authority to enforce law or arrest hoax spreader.

According to Hasanuddin, BSSN is not a legal institution. "Even if in conducting its duties, BSSN finds evidence and facts of involvement of a person or group in disseminating hoax information, it should directly inform the police for immediate action," he said in Jakarta, Wednesday (1/3).

Moreover, it is already regulated in Article 28 paragraph 1 of the Information and Electronic Transaction Law or the ITE Law. The article states, "Any person who knowingly or unlawfully disseminates false and misleading information may face a maximum of six years in jail and a maximum fine of 1 billion rupiah."

In addition, the ITE Law does not only regulate the legal sanctions for hoax spreader. For example, Article 28 paragraph 2 of the ITE Law regulates legal sanctions for perpetrators of hate speech and issues related to tribal affiliations, religion, race and societal groups (SARA).

In addition, Article 27 explains that the ITE Law does not only regulate the punishment for perpetrators, but also those who distribute, transmit, or otherwise make the content accessible electronically. Therefore, anyone who shares information or content that violates the ITE Law may be charged and punished. 

According to Hasanuddin, the ITE Law cionsists of articles with clear and firm legal bounds for perpetrators. (Translator: Wilda Stiana)