Analisis Putusan Nomor 283/Pid.Sus/2023/PN/Jkt.Sel Terhadap Pelaku Tindak Pidana Ujaran Kebencian Melalui Sosial Media

The rapid advancement of information technology presents various social media networks which then give birth to cybercrime cases, which since 2022 have increased 14 times compared to 2021. This study aims to determine and examine the legal considerations of judges and analyze the implications of judges' legal decisions from a justice perspective. The research method uses a normative juridical research method with a statutory approach. The results showed that the judges' legal considerations did not fulfill the elements as in Article 28 paragraph (2) jo Article45 paragraph (2) of the ITE Law, namely the elements of "intentionally and without rights or against the law" and "disseminating information aimed at causing hatred or hostility of individuals and/or certain community groups based on ethnicity, religion, taste and intergroup". In its decision, the panel of judges also ignored the principle of protection of expression as stipulated in the International Covenant on Civil and Political Rights, freedom of expression regulated by Human Rights, and the 1945 Constitution. This case proves that the ITE Law can ensnare anyone, including small traders and the general public who are trying to fight for their rights.