Analisa Hukum Diskresi Dalam Surat Keputusan Bersama tentang Pedpman Implementasi UU ITE

Indonesia is a State of Law, this is confirmed in its constitution, the 1945 Constitution of the Republic of Indonesia, in Article 1 paragraph (3) of the Law it is stated that "the State of Indonesia is a State of Law". Apart from that, in the fourth paragraph of the opening of the 1945 Constitution of the Republic of Indonesia, the Indonesian state has a goal, namely to improve general welfare. In a state of law that aims to improve welfare, it is also commonly referred to as the state of social law or often also called the welfare state. In a country that has the goal of prospering the people, the principle of discretion becomes necessary. So the implementation of the use of discretion by the government must be based on accountability. For this reason, in the Indonesian constitution, discretion is regulated normatively in the Law of the Republic of Indonesia Number 30 of 2014 concerning Government Administration, in article 1 paragraph (9). One form of discretion that exists in Indonesia is the issuance of a Joint Decree on Guidelines for the Implementation of the ITE Law. However, after the SKB was ratified, it caused a lot of cons in the community. In this study the author uses a deductive method of analysis, the author intends to find whether there is a match or conflict between "das sollen" and "das sein", between "law in abstracto" and "law in concreto". In the end, it is true that the SKB is a form of discretion, and the SKB regarding Guidelines for the Implementation of the ITE Law is indeed in accordance with the purpose of discretion