Arranged

For the Task of Cyber Law Study :

Angelos Gogo Siregar

(110110170303)

Faculty of Law

Padjadjaran University

2020

A) Background Background

Hoax is news , information , fake news or lies . While in KBBI called with hoak
s which means the news lying.1 Hoax is a negative excess of freedom
of speech and opinion on the internet. Especially social media and blogs.2
Hoax is an excess of negative freedom to talk and argue on the Internet, said
the hoax originated from American and originally was a title of a movie that
is "The Hoax". Muhammad Alwi Dahlan , expert communications from the
University of Indonesia (UI), argues that the hoax is the manipulation of the
news that
is intentionally conducted and aims to provide recognition and understanding
are wrong . It 's actually been going on since long, but the sophistication of the
technology makes the spread of news that becomes more widely and become
a feat in itself for the maker of a hoax if successfully propagate.3
Effects side of the development of society in the era of the
Revolution Industrial 4.0, in which the presence of the media of

1
KBBI Online. Hoaks . https://kbbi.kemdikbud.go.id, accessed April 3, 2017

2
Herlinda . Understanding Hoax: Originally suggestion and example , http://www.komunikasipraktis.com/. Accesse
d February 20 , 2017.

3
Laylatul Utiya Choirroh.2017 ,"Preaching
Hoax Perspective of Islamic Criminal Law " . Journal of Islamic Criminal Law , Vol . 3, No. 2, p.326
social and website news online is
not only unite people and give development the most about the
world outside , but it also became a place of cyber-bullying to the speech of
hatred and dissemination of news lie ( hoaks ) . Crimes that arise because of a
hoax itself takes place very quickly especially in the development of the digital
era now through online media. Results of the
study were conducted by MASTEL (2017) mentions that the channel which
is much used in the deployment of a hoax is the site web, amounting
to 34.90%, the app chat ( WhatsApp , Line, Telegram) amounted
to 62.80%, and through the media of social (Facebook,
Twitter, Instagram , and Path) which is
the medium most used is reached 92.40%. While it is , the
data presented by the Ministry of
Communications and Informatics mention there are as many
as 800 thousand sites in Indonesia which is indicated as
a pen yebar hoax and speech of hatred.4 Covid-19 is a disease that is identified
as the cause is the Corona virus
that attacks the respiratory tract . Illness is the
first time detected appearance in Wuhan, China . The case of corona virus
corona (COVID-19) in Indonesia crowded reportein the
5
media mass and become material discussion in the community . This matter i
s6 As of 2 April 2020, the Police State of the Republic of Indonesia
( Polri ) reported to have deal with 70 cases of deployment hoaks about COVID-
19; an
increase of 7 cases when compared with data obtained on March 31 , 2020.7

4
Christiany Juditha . 2008. Interaction of Hoax Communication in Social Media and Anticipation of Hoax
Communication Interactivity in Social Media and Anticipation . Pekommas Journal , Vol. 3 No. April 1st, p.180

5
Heldavidson , First Covid-19 case happened in November, China government records show -
report2020, accessed from https://www.theguardian.com/world/2020/mar/13/first-covid-19-case-happened-in-
november-china-government-records-show-report , p No 20 March 2020

6
Danrivanto Budhijanto. Cyber Law 4.0. (Bandung: LoGoz Publishing, 2019,) p.174

7
CNN Indonesia. INP Handle 70 Cases Spread Hoaks Problem Virus
Corona https://www.cnnindonesia.com/nasional/20200402211509-20-489803/polri-tangani-70-kasus-
penyebaran-hoaks-soal-virus-corona ( accessed 3 April 2020)
The threat
of punishment for spreader hoax actually much regulated in various Law , Arti
cle 14 and 15 of Law No. 1 of 1946, Articles 311 and 378 of the Criminal
Code, as well as Law No. 40 of 2008 concerning the Elimination
of Racial and Ethnic Discrimination , Law 11 of 2008 concerning ITE
was updated to Law
No. 19 Year 2016 On July nical and Transactions Electronics .

However, the author will discuss about one of the chapters in the
handling viralisasi of conditions now this . Article that there was p origin 28 P
aragraph (1) of the EIT in conjunction with Article 45 paragraph (1) of the
EIT containing " Every man with intentionally and without right
to disseminate news false and misleading that resulted
in losses Konsum en in Transactions Electronics ." In Article 45A paragraph (1
) Changes in the ITE Law regulate the threat of criminal against the spread
of the news lying or hoaks which is prohibited under Article 28 paragraph (1)
of the EIT ( dissemination of news false and misleading ), in which
the offender can be convicted imprisonment for 6 ( six ) years or get
a criminal fine of up to Rp1,000,000,000 , 00 ( one billion rupiah).

Where in the discussion of this I will more specifically discuss the example of a
case in paragraph of this and how the handling of the
parties to policing and institute legal dal am dealing with cases
of this and discuss also how the terms are entered into the elements in
the article , especially regarding the clause " transactions electronically . "

B) Study

In the development of the news about covid-

19 of course many parties that take advantage of the
situation now is where the condition now occurs panic in the

Masses as well as the condition of society increasingly anxious feels at the

time it always felt not secure which makes party who memanfaa VING situatio
n with fraud or if the news hoax hurt konsemun are online
( online ). Regarding the " news hoax" that which is not governed by the
laws of conventional ( ie the Criminal
Code), it is clearly stipulated in Article 28 paragraph (1) that " Every person wit
h intentionally and without right to disseminate news
of lying and misleading the resulting loss of customers in
the Transactions Electronics . "

Understanding Transaction Electronic itself contained in Article 1 paragraph 2

ITE Law No. 19 Year 2016 namely : " the act of law that is performed by using
a computer , network Comp uter , and / or media electronic others . " Explana
tion of electronic transactions is further explained by Ahmad M. Ramli stating
that conventional legal measures and qualifications are not possible in cyber
law regarding cyberspace activities.

Electronic transactions involve evidence that is electronic in nature, so the

perpetrators of electronic transactions must also be considered as subjects
who commit legal actions.8 It can be said, the construction of the
phrase "Electronic Transaction" in Article 28 paragraph (1) of the ITE Law
concerning the dissemination of hoaxes or hoaxes, relating to legal actions in
the form of deceitful news which is intentionally spread as an act (the hoax
also as an object) , with the offender as the subject and also has a legal effect
on the consumer .

The negative effects of the hoax itself can cause factors both crime and social
problems. For example in social factors, namely the soaring price of masks
currently controlled by several people who actually do not really need it
compared to people who are sick or already sufferers of COVID-19 themselves,
actions such as panic buying of basic needs related to people's lives,
especially logistics needs , issues lockdown which is the policy of the central
government to do so but many elements are not responsible so that it causes
excessive concern, and also with the wrong perception where people actually
blame of patients affected by corona which actually it is not desirable of him to
bring the disease .

If you see from the side of crime, the effect of the hoax can make crime rates
actually increase. Fraud and embezzlement may be some tangible actions
namely where people who really need a mask are actually cheated and it also
8
AhmadM.Ramli,2008."TheDynamicsof Convergence in Telematics Law in the National Legal System ." Indonesian L
egi slasi Journal , Vol. 5, No. 4, p.4
makes not only the occurrence of crime but the potential for worsening illness
where hospital conditions are no longer adequate.

This is also the same as said by Prof. Danrivanto that mengutup of legal
purpose Mochtar Kusumaatmadja where law as used Sebai means renewal
masyarkaat the full description contained in his book entitled "Cyber Law
4.0" where the role of h ukum in development must be in connection with
a guarantee that the changes that te rjadi is by the way is
not chaotic ie according to the law or the decision court , or a combination of
both , so that aspects of cyber law 4.0 is upright straight in counteracting the
effects of the negative development of technology and society in
9
the Revolution Industrial 4.0.

C) Relevant Cases

Case Example: "Metro Polda Arrest Cipinang Malay Hoax

Spreader Lockdown - Toll Closure."10

Where during the corona virus pandemic (Covid-19), some elements caused
unrest where they made news of a hoax whose contents were the toll gate from
Jakarta to Cipinang-Melayu at the lockdown . Yet we know that the order
to lock is in the hands of the executive (in this case the president). Where the
perpetrators do the following things, namely the first perpetrator whose initials
A has been detained by the police to explore what motives he did so. 2 of his
friends again wherein each said something that each one says "Cipinang
Melayu Lockdown" and the statement "Victims Corona" where there
is the pain but the horse spread in medsos are concerned sick because Covid
19th so make uneasy the whole airport was . The culprit insialnya H alias
B . They are currently detained at the Jakarta Metropolitan Police, Jakarta .

In this example it is enforcing the law in accordance with article 28 paragraph

1 that the sanctions contained in Article 45A paragraph (1) UU ITE 19, 2016

9
Danrivanto Budhijanto, Op.Cit, p.185

10
Muhammad Ilman Nafi'an https://news.detik.com/berita/d-4958705/polda-metro-tangkap-penyebar-hoax-
cipinang-melayu-lockdown-penutupan-tol , Police metor Capture spreaders Hoax Cipinang - Malay Lockdown
- Toll closure . Accessed on dated 6 April 2020 at at 3:23 pm
and also article 14 and 15 Rule of
Law Criminal Year 1946. In case the offender meets the elements of
article that there are actors is spreading false news and also actors create
disadvantages n se how electronic transactions ie where the news can be
accessed by the general public. However, judge

D) Conclusions

The conclusion is that in terms of regulating the many cases of hoaxes that
existed during the Covid-19 pandemic, the existing regulations although there
are still many shortcomings which do not cover other cyber fields, but in terms
of legal certainty to the hoax itself is quite effective with the development of
current conditions. Article 28 Paragraph (1) and Article 45 A Paragraph (1) of
ITE Law Number 19 of 2016 itself is very appropriate where it deals with hoax
news without the need for material forms of loss in its electronic transactions
where there are losses in terms of publication in the virtual world itself is the
right definition to prevent further hoaxes.

BIBLIOGRAPHY
Book:
 Danrivanto Budhijanto. 2019 Cyber Law 4.0.Bandung: L ogoz Publishing

Journal:
Laylatul Utiya Choirroh.2017 . " Preaching
Hoax Perspective of Islamic Criminal Law " . Journal of Islamic Criminal L
aw , Vol . 3, No. 2
Christiany Juditha . 2008. Interaction of Hoax Communication in Social
Media and Anticipation of Hoax Communication Interactivity in Social
Media and Anticipation . Pekommas Journal , Vol. 3 No. April 1st
  Ahmad M. Ramli . 2008. "The Dynamics
of Convergence in Telematics Law in the National Legal System ." Indonesi
an Legi slasi Journal , Vol. 5, No. 4
News and Official Website:
 KBBI Online. Hoaks . https://kbbi.kemdikbud.go.id, accessed April 3,
2017
 Herlinda . Understanding Hoax: Originally suggestion and example , http
://www.komunikasipraktis.com/. Accessed February 20 , 2017.
 Heldavidson , First Covid-19 case happened in November, China
government records show -
report2020, accessed from https://www.theguardian.com/world/2020/
mar/13/first-covid-19-case-happened-in- november-china-government-
records-show-report , p No 20 March 2020
 CNN Indonesia. INP Handle 70 Cases Spread Hoaks Problem Virus
Corona https://www.cnnindonesia.com/nasional/20200402211509-20-
489803/polri-tangani-70-kasus-penyebaran-hoaks-soal-virus-corona ( acces
sed 3 April 2020) .
Muhammad Ilman Nafi'an https://news.detik.com/berita/d-4958705/
polda-metro-tangkap-penyebar-hoax-cipinang-melayu-lockdown-
penutupan-tol , Police metor Capture spreaders Hoax Cipinang - Mala
y Lockdown - Toll closure . Accessed on dated 6 April 2020 at at 3:23
pm