REPUBLIKA.CO.ID, JAKARTA -- Expert Staff of Kemkominfo Legal Division Henri Subiakto commented on the charge against people who spread meme of the House of Representatives Setya Novanto (Setnov) speaker. He said, while the memes are funny and unrelated, netizens could not be snared with UU ITE.
Henri explained, it includes memes that mentioned Setnov is annoying, magic, even the sky would obey.
"It was a sarcasm and satire," he reiterated in Jakarta, Saturday (Nov 4).
He thought the memes was just a form of resentment expressed in memes.
According to him, as long as the meme was not a direct accusation that is forbidden, it could not be charged under the Law on Information and Electronic Transactions (UU ITE).
Henry added, the ITE Act is not to entrap everyone just because they triggered others emotions. UU ITE based on Criminal Code article 310 and 311 which prohibits people from accusing someone or something without fact.
Therefore, Article 27 paragraph 3 of the Law specifically entrap someone who uses internet to spread accusation without facts. "For example, someone accuse other as corruptor while the fact tells otherwhise, then the party who spread accusation through internet can be snared with UU ITE," he said.
He explained that the meme related to Setnov can not be snared with the ITE Law if the message contains a humor. "If the content is jokes, criticism, not related to allegations, it can not be charge under UU ITE," Henri said.
On November 1, National Police received reports from Frederic Yunadi as Setnov lawyer on 32 social media accounts that spread memes related to his client. Of the 32 accounts, nine accounts allegedly insulted Setnov.
The police has detained a netizen, Dyan Kemala Arrizzqi, for spreading meme of Setnov while he was hospitalized with sleep apnea mask.
ccording to the Head of Sub Directorate of Cyber National Police Criminal Investigation Agency, Commissioner Asep Safrudin, Dyan has been named as suspect and snared Article 27 paragraph 3 of Law No. 11/2016 on the Law on ITE.
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