Article 28 paragraph (2) of Act 11/2008 on Information and Electronic Transactions filed by the Petitioner in fact compatible with the protection, including protection of honor of the whole Indonesian nation, parallel to the principle participate in the establishment of world order based on freedom, abiding peace and social justice, in line with the Belief in God Almighty, since no religion that justifies the spread of hatred.
This was conveyed by the Constitutional Assembly in the trial court verdict pronunciation judicial review of Act 11/2008 on Information and Electronic Transactions - Case No. 52 PUU-XI/2013 proposed by M. Farhat Abbas.
"Conclusion, the Court concludes that the applicant has the legal standing to file the petition a quo. The petition has no legal grounds. Ruling, rejected the petition in its entirety," said Chief Justice M. Akil Mochtar, who was accompanied by other constitutional judges, on Wednesday (28/8) afternoon.
Petitioners filed a petition for judicial review of constitutionality of Article 28 paragraph ( 2 ) of Law no . 11/2008 which states," Any person intentionally and without right to disseminate information that is intended to cause hatred or hostility individual and / or a particular group of people based on ethnicity, religion, race, and intergroup (SARA) "which according to the applicant against the Article 28E Paragraph (2) of the 1945 Constitution which states," Everyone has the right to freedom of belief to believe, express thoughts and attitudes, according to his conscience".
In addition, Article 28 paragraph (2) of Act 11/2008 is also contrary to Article 28F of the 1945 Constitution which states," Everyone has the right to communicate and obtain information to develop personal and social environment, and the right to seek, obtain, possess, keep, process and convey information by using all channels available".
According to the Court, the provisions of Article 28E Paragraph (2) of the 1945 Constitution which is the right of every person to believe in beliefs, thoughts and attitudes expressed in accordance with his conscience, may be restricted by law solely for the purpose of securing due recognition and respect for the rights and freedoms others as well as to meet the demands of a fair fit considerations of morality, religious values , security and public order in a democratic society.
Court argued the right to communicate and obtain information to develop personal and social environment and the right to store, process, and convey information by using all available channels, may not contain information that is then propagated to the intention of causing hatred or hostility both between individuals and society.
According to the Court, the provisions of Article 28 paragraph (2) of Act 11/2008 filed by the Petitioner in fact compatible with the protection , including protection of honor of the whole Indonesian nation , parallel to the principle participate in the establishment of world order based on freedom , abiding peace and social justice, in line with the Belief in God Almighty , because there is no religion that justifies the deployment hatred ; accordance with just and civilized humanity , because humanity requires equal treatment and respect for fellow human beings ; disagreed with the unity of Indonesia , because of the spread of hatred and enmity will erode unity ; along with the motto unity in Diversity, because the Indonesian nation is a nation of diverse however, the unity of Indonesia. (Nano Tresna Arfana / mh)
Wednesday, August 28, 2013 | 17:55 WIB 129