Pakpahan, Hatarto (2018) Tindak Pidana Hate Speech Ditinjau dari Hukum Pidana dan Konstitusi. Jurnal Cakrawala Hukum, 9 (2). pp. 168-176. ISSN ISSN P: 2356-4962 ; ISSN E: 2598-6538

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Abstract

The development of information technology has changed the lifestyle (life style) for
the people of Indonesia, including in expressing their opinions through various
kinds of social networking sites such as face book, instagram, twiter, whatsapp and
various other types of social media. Opinion through social media often often inten�tionally or unintentionally contains content of hate speeches which then also lead to
punishment. Even though from the point of view of criminal law, it has regulated
and also threatens a criminal sentence that is quite severe for people who conduct
hate speeches. From the point of view of Constitutional Law the act of expressing an
opinion / thought is not a crime or a crime because such action is an act protected by
the laws and parts of human rights as stipulated in 28E and 28F of the 1945 Constitution. That is what makes expressions of expression a despicable or evil act
and also contrary to the constitution because of the impact of hatred on certain people
or groups, hate speech has the potential to cause hate crimes.

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