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Hortatory Text - The Case Against The Enactment of UU ITE Protecting Freedom Expression

Diperbarui: 7 Juni 2023   16:40

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UU ITE (Undang-Undang Informasi dan Transaksi Elektronik), or Information and Electronic Transactions Law, has been the subject of considerable discussion and controversy in Indonesia. Originally intended to regulate online activity and protect users from cybercrime, there are compelling arguments for its approval. This warning statement represents a procedure for UU ITE and emphasizes the importance of safeguarding freedom of expression and digital rights.One of the main concerns about UU ITE is its potential for restricting freedom of expression. The law contains extensive provisions that criminalize online content deemed defamatory, abusive, or profane. However, the ambiguity and subjectivity of these provisions leave room for abuse as they may be interpreted differently by authorities. This ambiguity leads to self-censorship and prevents individuals from expressing their opinions and participating in constructive discussions online.

UU ITE has also been criticized for its impact on press freedom and the ability of journalists to play an important role in society. The law criminalizes the distribution of classified information and makes it difficult for journalists to report on matters of public interest and hold those in power to account. Additionally, whistleblowers who expose corruption and wrongdoing can face serious legal consequences, which can undermine transparency and hinder the fight against corruption and fraud. In the digital age, maintaining privacy and data protection is paramount. 

However, UU ITE does not adequately address these concerns. The law gives authorities broad powers to access, monitor and seize personal data without the need for strong oversight mechanisms. This raises concerns about potential abuse of power and violation of individual privacy rights. To ensure a safe and trustworthy digital environment, the law should prioritize comprehensive data protection measures and strong oversight mechanisms. 

A thriving digital society must foster diversity, inclusion and open dialogue. UU ITE, in its current form, can stifle online activity, social movements, and grassroots activism. It creates a climate of fear that prevents individuals from exercising their rights to peacefully come together, voice their dissent, and advocate for social change. Instead, legislation should support a digital space that promotes active citizenship, encourages diverse perspectives, and fosters constructive engagement on important social issues.

To promote a democratic and inclusive digital society, it is important to reevaluate UU ITE and its potential impact on freedom of expression, press freedom, privacy and digital rights. Protection from cybercrime is essential, but it shouldn't come at the expense of restricting personal freedom or restricting online discourse. Ensuring a fair, transparent and inclusive digital environment in Indonesia requires an overhaul of the law to balance cybersecurity and respect for fundamental rights.  By protecting freedom of expression, press freedom, privacy, and digital rights, Indonesia can take a significant step towards building a democratic society that values open dialogue, transparency, and respect for individual liberties.




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