Kekuatan Alat Bukti Elektronik Dalam Pembuktian Tindak Pidana Ujaran Kebencian Dengan Menggunakan Media Sosial (Studi Kasus Putusan No: 13/PID.SUS/2020/PN.TBH)

In the midst of the controversy over the application of the ITE Law which is considered by some to be a tool to silence political opponents, in addition to silencing freedom of opinion, especially those considered critical, this law is also referred to as the political interests of the rulers at a certain time, this law can be used by any regime in power. To silence critical voices, the newly inaugurated National Police Chief General Listyo Sigit Prabowo issued a policy in the form of the National Police Chief's Telegram Letter (ST) Number ST/339/11/RES.1.1.1.2021 dated February 22, 2021, which refers to the Circular Letter of the Chief of Police Number SE 2/11/2021 dated February 19, 2021 concerning Ethical Cultural Awareness to Create a Clean, Healthy and Productive Indonesian Digital Space, the substance of the Telegram Letter states that hate speech crimes can be resolved by means of Restorative Justice. case No: 13 Pid.Sus 202 0 Pn.Tbh) where the perpetrator is suspected of having committed a crime of hate speech, so the researcher wants to examine the strength of electronic evidence in the decision. Based on this phenomenon, this study sets out 2 main problems, namely, first, how is the power of electronic evidence in proving the crime of hate speech using social media at the Tembilahan District Court (Case Study Decision No: 13/Pid.Sus/2020/Pn.Tbh) .? second, How are legal considerations in applying the power of electronic evidence in proving the hate speech crime using social media in the Tembilahan District Court Decision? The results of the study can be seen. First, the case of Decision Number 13/Pid.Sus/2020/Pn.Tbh) is evidence in the form of 3 (three) screenshots of hateful content posted by the Facebook account for "Warga Langit". Indonesian linguist and literature expert Jo, an ITE linguist who basically stated that Usman Bin Asril's actions were posting the sentence "Congratulations on the inauguration of the president, hopefully he will be summoned by the almighty as soon as possible. Amen is an act that contains hate speech. Second, legal considerations in the application of the power of electronic evidence in proving the hate speech crime by using social media 13/Pid.Sus/2020/Pn.Tbh. referring to Decision No.: to vuridis considerations and non-juridical considerations. For his actions the defendant is charged with Article 45 A paragraph ( 2) in conjunction with Article 28 paragraph (2) of the Law of the Republic of Indonesia Number 19 of 2016 concerning Amendments to the Law of the Republic of Indonesia nesia Number 11 of 2008 concerning Information and Electronic Transactions and for his actions the defendant Usman Bin Asril was sentenced to imprisonment for 6 (six) months and a fine of Rp. 3,000,000.00, - (three million rupiah)