Legal Analysis of the Spread of Hate Speech Through Social Media in Regional Head Elections

The issues in this study are how the law regulates criminal acts of spreading hate speech, the forms of criminal acts of spreading hate speech through social media in regional head elections (Pilkada), and the criminal liability for spreading hate speech through social media in regional head elections (Pilkada). The research conducted is normative research supported by empirical legal data and data obtained, which is analyzed using qualitative data analysis. Based on the research results, it is known that the legal regulations regarding criminal acts of spreading hate speech in Indonesia are regulated in the Electronic Information and Transactions Law (UU ITE), specifically Article 28 paragraph (2), which states that anyone who intentionally and without authorization disseminates information that incites hatred or hostility based on ethnicity, religion, race, and intergroup relations (SARA) is guilty of a criminal offense. This provision is also regulated in the Criminal Code (KUHP) through Articles 154 to 157, although some of the previous articles have been invalidated by the Constitutional Court. Forms of criminal acts involving the dissemination of hate speech through social media in regional head elections (Pilkada) may take the form of incitement to hate or commit acts of violence against certain groups based on SARA.