ANALISA TERHADAP FRASA RASA KEBENCIAN DALAM PERSPEKTIF TINDAK PIDANA UJARAN KEBENCIAN MENURUT PASAL 156 KUHP DAN PASAL 28 AYAT 2 UU ITE

The development of technology and information is growing rapidly from year to year. These developments led to the birth of Law 19/2016 on Amendments to ITE with the formulation guaranteeing legal certainty for all Indonesian citizens in carrying out all activities related to information and electronic transactions. However, along with the development of the ITE Law, it creates problems. Where in article 28 paragraph (2) of the ITE Law, it becomes a tool to suppress freedom of speech. The silence was preceded by a multi-interpreted phrase of hatred. Although hatred is also regulated in Article 156 of the Criminal Code, there is still no clearer interpretation of hatred. The purpose of this study is to find out and analyze the interpretation of hatred according to article 156 of the Criminal Code and 28 paragraph (2) of the ITE Law. The research method used by the author is a normative juridical approach. In the crime of hate speech itself, a distinction must be made between ordinary hate speech and extraordinary hate speech where ordinary hate speech cannot be punished and extraordinary hate speech that deserves to be punished. The author's conclusions and suggestions from the writing are more clarified regarding the interpretation of hatred and the interpretation is written in the explanatory section of the ITE Law