Indonesia Digital Policy Against Distribution of Information Disorder: A Better Policy for Sustainable Society

Business Law Program, Law Department, Faculty of Humanities, Bina Nusantara University, Jakarta, Indonesia 11480

^* Corresponding author: vidya.prahassacitta@binus.ac.id

Abstract

The paper aims to criticize Indonesia’s digital policy against the dissemination of information disorders and to offer a better policy model against the distribution of information disorders that meets sustainable society goals. The paper does not confer and analyze information disorders produced and published by the press and broadcasting media. Nonetheless, it only discusses and analyzes information abnormalities created and spread by regular internet users. Document research and secondary data analyses reveal that Indonesia has two policies in place to combat the development of information disorders. First, penal policy on Article 14 and Article 15 Criminal Law Act of 1946 and Article 263 and Article 264 Penal Code of 2023 criminalizes a person who intentionally and/or negligently distributes information disorder that disrupts public order. Second, there is a non-punitive approach to the Information and Electronic Transactions Act regime. Unfortunately, the acts and their execution do not accord with the ideals of a sustainable society. According to the study’s findings, the present policy focuses on criminal law, which does not support freedom of expression and minimizes the liability for internet intermediaries. Further research findings indicate that the new and integrated policies necessitate criminal law and regulating greater responsibilities for internet intermediaries to battle and stop the spread of information disorder.