Constitutional Justice Suhartoyo delivering a keynote speech at a national seminar by the Law Faculty of Universitas Sebelas Maret in Surakarta, Friday (10/6/2023). Photo by MKRI/Ifa.
Constitutional Justice Suhartoyo delivering a keynote speech at a national seminar by the Law Faculty of Universitas Sebelas Maret in Surakarta, Friday (10/6/2023). Photo by MKRI/Ifa.
SURAKARTA (MKRI) — Constitutional Justice Suhartoyo gave a keynote speaker at a national seminar on “The Constitutionality of Hoax and Hate Speech Prevention” on Friday, October 6, 2023 at the Law Faculty auditorium of Universitas Sebelas Maret (FH UNS), Surakarta, Central Java Province. The event was collaboration between the Constitutional Court (MK) and FH UNS. The event was attended by House of Representatives (DPR) Commission III members Eva Yuliana and Agus Riewanto, who are lecturers at FH UNS.
Justice Suhartoyo said that general elections are a mechanism for the periodic transition of national leadership that is mandated by the Constitution as a manifestation of a democratic state of law. He emphasized that the people’s sovereignty in state administration would not be realized without elections based on democracy. “The Constitution has mandated that elections be based on the principles of direct, public, free, confidential, honest, and fair,” he explained in front of the participants who attended on site.
He then explained that even though the election is carried out correctly and with utmost commitment, in reality, the democratic process of general or local elections is not easy and full of challenges.
“Not only in Indonesia, various elections and democratic practices around the world have also met challenges due to improper management. It causes conflicts, chaotic situations, or the disintegration of the nation,” he said.
Justice Suhartoyo asserted that, as mandated in the Constitution, in 2019 the Constitutional Court as the guardian of democracy exercised its authority, duties, and functions to oversee the constitutional democratic process, i.e. simultaneous election. It decided 261 PHPU cases in 2019. For the settlement of simultaneous election dispute cases, the Court must prepare steps to take in relation to the digital era of information technology, one of which implications is the massive use of social media. Nowadays, candidates, sympathizers, and supporters of legislative and presidential candidates are mobilized both conventionally and digitally through social media.
Along with massive use of social media, it is difficult to avoid the spread of fake news or hoaxes and hate speech, which is often associated with black campaign practices during electoral campaign, where news is often used as a weapon in winning political contestation. Hate speech and hoaxes can be a serious problem that affects the integrity and success of the democratic process, which is of some concern to the community. News on social media should be a tool to educate, not to spread slander and divide. The community, especially academia, must be wiser and more prudent in responding to the five-year political battle. The political elite should also set an example and be role models that educate rather than cause disputes and divisions in the grassroots.
Justice Suhartoyo said that social media algorithms often create bubble filters, which promote confirmation bias. In certain contexts, this can reinforce a person’s extreme views and trigger more hate speech.
To face the challenges of post-truth in the upcoming election, where hoaxes and hate speech is unavoidable, it is necessary to implement media literacy education, which can directly help the public to identify misinformation and disinformation both in conventional media and digital media. Then they can verify information in news and content related to elections, thus revealing misinformation and disinformation.
Termination of access to electronic information and or electronic documents that have unlawful content is constitutional. So is the restriction of freedom of opinion. This is because according to Article 28J paragraph (2) of the 1945 Constitution, everyone without exception must obey the restrictions stipulated by law to guarantee and respect the rights and freedoms of others in line with moral considerations, religious values, security, and public order in a democratic society.
At the end of his speech, Justice Suhartoyo emphasized that PHPU in the Constitutional Court does not solely depend on the Court, but also on all parties, all elements of stakeholders involved in the election, including candidates, political parties, election organizers, and law enforcement officers. This also applies in other countries. Success in democracy and elections is a reflection of the citizens’ success. Overcoming hate speech and hoaxes is a complex task for all elements of society, but what is far more important is to maintain the integrity and legitimacy of the democratic process.
Four Pillars
Meanwhile, House of Representatives (DPR) Commission III member Eva Yuliana explained the four pillars of state life. “It is similar to a table, which can stand firmly only on four legs. As a country and citizens of the nation, we are supported by four pillars: Pancasila, Bhinneka Tunggal Ika (unity in diversity), the 1945 Constitution, and the Unitary State of the Republic of Indonesia (NKRI),” she said.
Meanwhile, in her speech, FH UNS Dean I Gusti Ayu Ketut Rachmi Handayani expressed her deepest gratitude for the cooperation between the Constitutional Court and UNS. “Thank you for the cooperation and collaboration that has been established. This makes an extraordinary energy, achievement, and reputation of the Law Faculty not only at the national level but also at the international level,” she said.
She explained the seminar’s theme was very interesting in the effort to maintain national harmony, nationalism, and the ideology of Pancasila. “We all know that in the era of technology, the use of social media and the internet is extraordinary. The population of Indonesia, which we all know is extraordinary, almost 267 million, approximately 65% use social media. Of course in the 2024 election this topic is important for all of us for the prevention of hoaxes and hate speech, especially in election for promoting nationalism and national integrity,” she added.
Author : Utami Argawati
Editor : Lulu Anjarsari P.
Translator : Tahlitha Laela/Yuniar Widiastuti (NL)
Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.
Friday, October 06, 2023 | 13:28 WIB 88