Investigation and Settlement of Hate Speech Cases in the Perspective of Law Number 1 of 2023 Concerning the New Book of Crimal Law

Abstract

Freedom of expression in Indonesia is actually guaranteed by the constitution, but freedom of expression needs to have clear boundaries in expressing opinions both on social media and in the real world. To this day, hate speech cases are felt to be more biased towards the right to freedom of expression. The government also regulates hate speech in the law book. The approach used by the author in this research is based on literature study through a statutory approach, a conceptual approach, and an analytical approach. The results of this research show that freedom of opinion can be exercised, but the freedom in question is not unlimited freedom of opinion but rather every opinion must be justified with the truth and without the aim of attacking by expressing feelings of hostility, hatred or contempt towards certain groups or referring to the person in power (President) himself.