Jokowi Signs Part Two of ITE Law Revision

TEMPO.CO, Jakarta - President Joko Widodo signed the second volume of the revision of the electronic information and transactions law, also known as the ITE Law, on Tuesday, January 2. This was announced via the official website of the Ministry of State Secretariat's Legal Documentation and Information Network.

The copy of the ITE Law volume II which was uploaded by the Ministry of State Secretariat on Thursday is the same as the one passed during the House of Representatives' plenary meeting on Tuesday, December 5.

The new ITE Law amends a number of provisions in Law 11/2008 and Law 19/2016. Following Jokowi's signing, the ITE Law volume II officially comes into effect.

The DPR and the government removed the controversial Article 27 paragraph 3, which regulates the crime of insulting or defaming one's reputation via electronic channels.

But the revision made no changes to several other articles which were also considered loose as they regulate the prohibition on the distribution of information and electronic documents containing insults or defamation. They are Article 27 paragraph 1, Article 28 paragraphs 2 and 3, and article 29.

The revised ITE Law also included a new article, 27A, which could be deemed as controversial and has the potential to be misused. It says "Any person who intentionally attacks the honor or good name of another by accusing them of something with the intention of making the matter known to the public in the form of Electronic Information and/or Electronic Documents carried out through an Electronic System."

The revised ITE Law also added a third paragraph to article 28, which regulates the prohibition of spreading fake news. It includes paragraph 1 in article 43 which gives special authority to certain Civil Servant Officials within the Government, whose duties and responsibilities as investigators of IT and electronic transactions are as stipulated in the Law on Criminal Procedure Law (KUHP).

DANIEL A. FAJRI

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