Most people in the world in this century use information technology as a medium for communication, including in Indonesia [1], especially in the province of Maluku. According to a survey conducted by the Indonesian Internet Service Providers Association, the number of internet users in Indonesia in 2024 will reach 221,563,479 people out of a total population of 278,696,200 people in Indonesia in 2023. From the results of the 2024 Indonesian internet penetration survey released by APJII, Indonesia's internet penetration rate reached 79.5%. Compared to the previous period, there was an increase of 1.4% percent. This indicates a consistent increase in the positive trend graph of Indonesian internet penetration in the last five years, increasing significantly. This was stated by the General Chairperson of APJII Muhammad Arif when announcing the results of the internet user survey at the APJII Office. As of 2018, Indonesia's internet penetration has reached 64.8%. Then sequentially, 73.7% in 2020, 77.01% in 2022 [6], and 78.19% in 2023. Based on gender, the contribution of Indonesia's internet penetration comes largely from men 50.7% and women 49.1%. Information technology can change the lifestyle of people all over the world, including [14] in Indonesia. The development of information technology in the era of globalization, followed by an increase in the population of a number of Indonesian residents every year, because the birth rate continues to increase, so the use of technology is very necessary to support daily activities.

The use of information technology has spread widely to various groups; both children, students, housewives, upper economic class to lower economic class. Many users of social networking sites need it as a means of communication. Information technology as a means of communication makes world relations borderless and has caused significant social, economic, and cultural changes so quickly. Information technology is currently a double-edged sword because in addition to contributing to improving human welfare, progress, and civilization, it is also an effective means of committing unlawful acts. Legal problems that are often faced are when delivering information, communication, and/or data electronically that contains hate speech against a person or group of people that can cause hostility. As a result of this development, information technology has gradually changed the behavior of society from human civilization globally [2].

Several cases of hate speech that have developed on social media in the Maluku region, Ambon City and Central Maluku Regency, as carried out by a YouTube user with the account Tetewisi_Barkate with TikTok media with the account @pandita wakan, in Ambon City and Central Maluku Regency, This account often exposes news about the social conditions of the Maluku community with various hate speech directed at certain communities, by uploading news about social conditions surrounding the issue of regional head elections through its account, where the expressions or comments are sometimes positive and negative. It can be said that the content of the comments is negative, because it comments on the conditions of the candidates who are being discussed as prospective governors and regents/mayors in this area with nuances of like and dislike (like in dis like), which are aimed at certain gubernatorial and regent/mayor candidates. This can indicate that this attitude is detrimental to the person being nominated. This attitude has the potential to trigger social conflict in society because his statements through TikTok media are provocative. The statement that was indicated as provocative by inviting the people of Central Maluku Regency not to vote for one of the prospective regent candidates with the initials (MD) on the grounds that the nomination was very primordial, with the words "don't vote for him in the Central Maluku Pilkada" (pandita_wakan Bhiken_Amiruel, dismantling). Likewise to the gubernatorial and mayoral candidates in Ambon City. In addition, there were also positive and negative things conveyed to the mayoral candidates in Ambon City, including to the police about the criminal news that occurred at the red and white intersection of Ambon City, the statement was considered positive for the security of the Ambon City area.

Nationally, one of the global hate speeches was carried out by Dr. Roberto through; IDN Times human rights activist, Robertus Robet was arrested and named a suspect by the police on suspicion of insulting the Indonesian National Army. The insult was seen from a video of Robertus' speech while attending the Kamisan Action in front of the State Palace which insulted the Indonesian National Army by replacing the Indonesian National Army Mars song by replacing the lyrics with words that insulted the Indonesian National Army. Roberto, who was referred to as a 98 activist on February 28, 2019, was arrested on March 6, 2019. On suspicion of insulting the Indonesian National Army March while giving a speech during the action. Indonesia as a country of law has regulations governing hate speech in the form of statutory regulations, namely Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE) in Article 28 paragraph (2) which states: "Any person intentionally and without the right to disseminate information intended to cause hatred or hostility towards individuals and/or certain community groups based on ethnicity, religion, race, and between groups. And this can give rise to conflict between community members, both open and latent conflicts [3]. This condition indicates that there is; 1) this attitude can indicate that it is detrimental to the person being nominated, and has the potential to trigger social conflict in the community because it has a provocative nuance. 2) The police did not use the Circular of the Chief of Police including Law Number 11 of 2008 as a basis for dealing with hate speech during the regional head elections in Maluku.

Nationally, one of the global hate speeches was carried out by Dr. Roberto through; IDN Times Human Rights Activist, Robertus Robet, was arrested and named a suspect by the police for allegedly insulting the Indonesian National Army. The insult was seen from a video of Robertus' oration while attending the Kamisan Action in front of the State Palace, insulting the Indonesian National Army by changing the song of the Indonesian National Army Mars by changing the lyrics with words that insult the Indonesian National Army. Roberto, who was referred to as a 98 activist. On February 28, 2019 and was arrested on March 6, 2019. On suspicion of distorting the Indonesian Armed Forces Mars when giving a speech during the action [4]. Indonesia, as a country based on law, has regulations that regulate hate speech in the form of legislation, namely Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE) in Article 28 paragraph (2) which states: "Any person who intentionally and without the right disseminates information that is intended to cause hatred or hostility towards individuals and/or certain community groups based on ethnicity, religion, race and inter-groups [5].

From the Methodology side, it examines the latest developments in the evolution of the delivery of opinions on social media by the community in Indonesia, especially in Maluku Province, before and during the implementation of regional head elections that are nuanced with hate speech, based on the Circular Letter of the Chief of Police Number SE/6/X/2015, dated October 8, 2015 and the principles of Islamic Criminal Law, are considered irrelevant to the values of human rights that are just and guided by legal provisions on the procedures for conveying opinions as regulated in the laws and regulations in force in Indonesia. For this reason, the study method is normative law, with a statutory approach, an empirical approach and a conceptual approach. The statutory approach is to examine the laws and regulations in force at this time, the empirical approach is to examine the current empirical conditions, the casuistic approach is to examine the latest legal events. and the conceptual approach is to analyze cases related to legal problems that occur, both those that have received court decisions and those that have permanent legal force (Marzuki, 2008). and analyze qualitatively and comprehensively (Sondakh, 2009), regarding the legal policies taken with the concept of appropriate legal arguments to regulate the delivery of opinions on social media. The primary data sources are applicable laws and regulations in the form of the Criminal Code, Criminal Procedure Code, ITE Law and Islamic law, especially al-fiqh-al-jinayah regarding the procedures for conveying opinions. Other data sources are in the form of conveying opinions through online media, both WhatsApp accounts, TikTok, Facebook, Twitter accounts, Instagram accounts, YouTube, as well as website urls and LinkedIn which are available as communication media.

Research Focus on legal protection for victims of hate speech who are candidates for regional heads in 2024 in Maluku province. In several cases, both victims and perpetrators, hate speech is approaching and the implementation of the Pilkada in Maluku province. This is a serious and concerning problem. Sometimes hate speech targeting regional head candidates becomes a polemic in society which results in damaging social order which triggers disharmony in society which results in social tension due to mutual slander which harms certain parties psychologically. Although there are legal regulations that guarantee the right to express opinions as regulated by the legal system regulations in Indonesia which require everyone to be responsible for their actions, it is not uncommon for them to ignore or avoid the rules in question and act irresponsibly for what they do, including law enforcement officers deliberately avoiding orders based on these regulations. Although there is a legal mechanism that must be implemented, it is still allowed to regulate the conditions that occur. This condition indicates that there is no firmness in the process of resolving legal violations that occur. In relation to this matter, the direction of this research is carried out in order to find the concept of good legal protection and the right legal policy solution for resolving hate speech cases that occur. This research is based on several underlying theories; The Grand Theory of this research is the theory of legal justice with the concept of equal legal treatment based on the concept of Islamic criminal law as the solution, in order to realize the principle of legal justice. Middle Theory uses the concept of criminal acts and punishment based on the theory of legal protection for handling hate speech crimes, while Applied Theory refers to the theory of law enforcement and integrated legal policies based on Islamic law for handling hate speech cases. The following is a framework for thinking about the problems studied as follows;

Figure 1: Framer Work of Thoughts.

Hate Speech

The term Hate Speech itself means "an expression that encourages incitement to social media and can then be commented on by other netizens. Even now, online news sites also provide comment spaces for readers. News in the media is then responded to in various ways by netizens in the public space to harm other parties based on targets identified with certain social or demographic groups. Based on the Constitutional Court Press Release dated April 7, 2022 that the act of defamation or hate speech was carried out based on slander and to spread hatred, and was carried out not in accordance with the facts or its truth has not been proven. The spread of hatred through social media and online news sites has created a phenomenon known as haters, namely people who hate. On this platform, every individual has the opportunity to express various opinions through their accounts and provide positive, negative, or neutral comments. However, it must be acknowledged that the phenomenon of hate speech is also growing rapidly through the media. In another incident in the city of Ambon there was hate speech that attacked the honor and good name of a certain person as the account [7]. in the content spread through his TikTok, which began with something positive with a sentence reminding the public as vehicle users in Ambon city to be careful when driving on the road, because Ambon city is covered in rain and wind, many trees are estimated to be able to fall, and can result in harm to vehicle drivers, but at the end of the content, he mentioned indecent words with the words (kamong pung nene moyang, which means you have ancestors) which means dirty words that insult others.

There are six types of hate speech that are usually delivered in the form of insults, namely verbal insults, written insults, slander, minor insults, slanderous complaints, and slanderous accusations. All of these insults can only be prosecuted if there is a complaint from the individual affected by the insult. The articles that regulate hate speech against someone are contained in Book I of the Criminal Code, Chapter XVI, especially in Articles 310, 311, 315, 317, and 318 of the Criminal Code. This hate speech has the potential to influence people's behavior and views. Opinion itself is a subjective view or thought that may be related to future matters. Social media can negatively cause rifts in relationships between individuals who were previously close, reduce the level of direct face-to-face interaction, trigger dependence on the internet, and create serious conflicts and privacy issues. Hate Speech is an act of communication carried out by individuals or groups in the form of provocation, incitement, or insults to other individuals or groups based on various aspects such as race, skin color, ethnicity, gender, disability, sexual orientation, citizenship, religion, and others.

Hate speech can influence human behavior and their opinions, and in the legal sense. Hate speech is also in the form of words, behavior, writing, or performances that are prohibited because they can trigger acts of violence and prejudice. Meanwhile, insults or defamation of the government, organizations, or a group are regulated in special articles. Hate speech is an act of communication carried out by individuals or groups in the form of provocation, incitement, or insults to other individuals or groups based on various aspects such as race, skin color, ethnicity, gender, disability, sexual orientation, citizenship, religion, and others. Hate speech can influence human behavior and their opinions, and in the legal sense, Hate Speech is words, behavior, writing, or performances that are prohibited because they can trigger acts of violence and prejudice. The intended hate speech as the owner of the @pandita_wakan account which was responded to by the owner of the putra_Lewaka account which indicated that it contained threats against the owner of the account with the initials pandita_wakan and wanted to be reported to the authorities (Police), and the response to the content published by pandita_wakan which criticized his brother through his TikTok account, gave rise to a backlash that videos and photos of the owner of the pandita_wakan account would be distributed among the family. This shows that there are legal efforts being made by the owner of the putra_Lewaka account according to the statement of the owner of the pandita_wakan account through the TikTok account on the website address [8].

The content submitted by the owner of the pandita_wakan TikTok account, received special attention from the owner of the account with the initials (putra urtatan) with the statement; Why Delete.? Keep Hitting Brother.? As long as it's true, why be afraid, if you are discriminated against, brother, gather your strength and attack, remember the highest sovereignty in this country, not the dynasty holder who only cares about his pockets and then leaves the people's pockets empty(putra_urtatan)https://www.tiktok.com/@pandita_ wakan). The statement of the account owner (putra_urtatan) indicates his support for the account owner pandita_wakan, to continue to criticize the existence of the account owner putra_ Lewaka who defends the family/group he supports as a prospective regent in the Central Maluku district area [9]. Likewise, the statement of support from the account owner (ifanrafani31) towards the owner of the putra_ Lewaka account, by stating that "I like you to have videos, but my advice if you have made criticism and criticism, there is a follow-up to make an appreciation video for the follow-up to the criticism. so that you have a balanced video (ifanrafani31). The incident of hate speech interactions that occurred ahead of the regional head elections in the Maluku region, in the city of Ambon and Central Maluku district, illustrated an atmosphere that triggered indications of social conflict in the community in this region, in our opinion that the hate speech that occurred could be an imbrication for the birth of hostility between religions, tribes, races and other social groups.

Legal Policy

Based on (Circular Letter of the Chief of Police Number: SE/6/ X/2015) [10] is an internal instruction within the police environment which is at the operational level of the police for the practical handling of acts that are seen as hate speech as long as the act has the aim or can have an impact on acts of discrimination, violence, loss of life, and/or social conflict. The operational level of this circular is evident in the handling procedures regulated in the circular, namely: 1). Taking preventive measures, preventive measures include every member of the Police to have knowledge and understanding of the forms of hate speech that arise in society, in order to make the intelligence function effective and prioritize real conditions in areas prone to conflict. 2). If preventive measures have been taken by members of the Police but do not resolve the problem arising from hate speech, then the resolution can be carried out through: 1) Law enforcement for alleged hate speech crimes by referring to the provisions of Article 156 of the Criminal Code; Anyone who publicly expresses feelings of hostility, hatred or degrading one or more ethnic groups in Indonesia shall be punished with imprisonment for a maximum of four years with a maximum fine of four thousand five hundred rupiah [11]. In the event of a social conflict that has occurred due to hate speech, its handling is still guided by: a) Law Number 7 of 2012 concerning Handling of Social Conflict; and b) Regulation of the Chief of the Republic of Indonesia National Police [15] Number 8 of 2013 concerning Technical Handling of Social Conflict.

 Three Government Steps taken to ensure that Indonesia's Cyberspace Remains Peaceful are [12]. (Press Release No.108/HM/ KOMINFO/05/2019). seeks to reduce the impact of hoaxes and hate speech spread through social media platforms and instant chats. This effort aims to minimize and avoid conflict as a result of violent acts triggered by uncontrolled hoax information that has the potential to trigger mass action and violence that results in casualties or triggers mass action that results in loss of life, the three steps include; (1) closing access to content links or accounts that are suspected of spreading hoaxes. (2) working with digital platform providers to close accounts. (3) Restricting access to some digital platform features or file sharing. Restricting access is one of the last alternatives taken in line with the level of urgency. On an international scale, governments in other countries have proven their effectiveness in preventing the spread of unrest, such as Sri Lanka by closing access to Facebook and WhatsApp to reduce the impact of church bombings and the anti-Muslim attacks that followed. Meanwhile, Iran once blocked access to Facebook in 2009 after the announcement of President Ahmadinejad's victory.

In Indonesia, before and during the restriction of access to some features of social media platforms and instant chats in the form of image and video features, the Ministry of Communication and Information through (Press Release number.108/ HM/KOMINFO/05/2019), has closed thousands of social media accounts and websites. A total of 551 Facebook accounts have been blocked. Then 848 Twitter accounts, 640 Instagram accounts, 143 Youtube accounts, and each for website urls and LinkedIn. A total of 2184 accounts and websites have been blocked, also working with digital platform providers. has communicated with WhatsApp leaders, who just a week before the May 22 riots had closed around 61,000 WhatsApp application accounts that violated the rules, spread hoax content, slander or provocation can be minimized. In fact, inviting all groups to start from themselves so as not to spread content that violates the law.

Sociologists and anthropologists have different opinions regarding social change, including [13]. 1) Gillin and Gillin, define social change as a variation of the accepted way of life, either due to changes in geographical conditions, material culture, population composition, and ideology or due to diffusion or new discoveries in society, 2) Larson and Rogers, put forward the understanding of social change related to the adoption of technology, namely social change is a continuous process in a certain time span. The use of certain technologies by a community will bring about social change that can be observed through the behavior of the community members concerned. 3) Soerjono Soekanto, defines social change as all changes that occur in social institutions in a society, which affect its social system.

Symptoms that can cause social change have characteristics including. 1) Every society will not stop developing because they experience changes, both slow and fast. 2) Changes that occur in certain social institutions will be followed by changes in other social institutions. 3) Rapid social change can result in temporary disorganization as a process of self-adjustment. Change is not limited by the material or spiritual fields because both have a strong reciprocal relationship.

Criminal Investigation Agency or Criminal Investigation Agency of the Indonesian National Police The Criminal Investigation Agency or Criminal Investigation Agency of the Indonesian National Police has officially launched a virtual police to prevent and reduce criminal acts of violations of the Electronic Information and Transactions Law or the ITE Law in the cyber world in Indonesia, on February 25, 2021. The launch was based on the Circular of the Chief of Police Number. SE/2/II/2021 concerning Ethical Cultural Awareness to realize a Clean, Healthy, and Productive Indonesian digital space. There are many pros and cons regarding the presence of this virtual police. Cyber police are feared to affect the freedom of Internet users to express themselves. Criticism came from researcher at The Indonesian Institute Center for Public Policy Research Rifqi Rachman, who assessed that the presence of the Virtual Police would limit citizens' freedom in cyberspace. Head of the Public Relations Division of the National Police, Inspector General of Police Raden Prabowo Argo Yuwono, ensured that the police did not intend to restrict people's freedom in digital space with the presence of the virtual police.

Argo Yuwono stated [16]. The Virtual Police is intended to prevent criminal acts under the ITE Law. The presence of the police in the digital space is an effort by Deputy V for Coordination of Security and Public Order so that the cyber world can run cleanly, healthily and productively. In addition, it is also to reduce hoax content on social media, so that internet users are also more careful with writings that violate the law. The Virtual Police Team will conduct cyber patrols on social media such as Facebook, Twitter, and Instagram as well as WhatsApp to monitor accounts that are suspected of containing hoax and incitement content on various platforms. In addition, social media users can also report actions under the ITE Law through the official Cyber Patrol page at patrolisiber.id. When an account is found to be suspected of violating (UU ITE), after conducting a study with experts and indeed there is an indication of a violation, the cyber patrol team will provide a warning to the account via message or direct message. A number of experts were involved in the study, namely language experts, criminal experts, and ITE experts. Efforts to involve a number of experts are to reduce the subjectivity of the police when taking action against accounts that are suspected of containing content that violates (UU ITE). Chairman of the National Human Rights Committee Ahmad Taufan [17] Damanik said that from the results of the examination by the police cyber team and the investigation of the basic conversation materials found, it will complete the evidence that has been found previously in order to reach a bright spot. Based on the Circular of the Chief of Police Number SE/2/II/2021 concerning Ethical Cultural Awareness, it aims to realize a Clean, Healthy, and Productive Indonesian Digital Space, with the aim of preventing and reducing criminal acts of violating the Electronic Information and Transactions Law or the ITE Law in the cyber world in Indonesia.

In Indonesia, both before and during the implementation of restrictions on access to social media and certain messenger functions such as the ability to send images and videos. The Ministry of Communication and Information took extensive measures to block accounts and websites. According to the Indonesian Ministry of Communication and Information (2019), a total of 2,184 accounts and online sources that distributed illegal content or provocative materials were blocked. Specifically, this included 551 accounts on Facebook, 848 on Twitter, 640 on Instagram, 143 on YouTube, as well as numerous website URLs and LinkedIn accounts. In addition, the ministry worked closely with digital platform providers, including WhatsApp. As a result of these efforts, approximately 61,000 WhatsApp accounts were closed just a week before the riots on May 22. These accounts were identified as violating platform policies by spreading false information, defamatory content, or provocative materials (Indonesian Ministry of Communication and Information, 2019). These actions were intended to reduce the destructive influence of harmful content in the online space. According to data published by Statista, Facebook and TikTok are considered the most conducive platforms for the spread of hate speech and disinformation. Around 60% of respondents from 16 countries identified Facebook as the main platform for such content, while TikTok received a similar assessment from 30% of respondents. In comparison. In comparison, X/Twitter was cited by 18% of survey participants (Figure 1).

Figure 2: Percentage of Hate Speech Spread on Social Media [18].

Source: compiled by the author based on A. Fleck (2024).

The main message of this process is to urge the public not to spread content that is contrary to legal and ethical norms. The Indonesian Ministry of Communication and Information (2019) emphasizes the importance of individual responsibility among social media users in maintaining information security. However, despite these steps, efforts to combat hate speech are still limited due to the rapid spread of information on social media and the lack of legal accountability for users. This trend highlights the need to strengthen the regulatory framework, particularly by increasing control over the spread of online content and promoting public awareness of ethical behavior in the digital space. The problem of hate speech during elections is not only an internal challenge for Indonesia but also a global concern that requires international cooperation and knowledge exchange to combat disinformation and ensure a transparent election process. In this regard, Indonesia already has several legal instruments to combat hate speech, including the 2023 Criminal Code (KUHP) and Law of the Republic of Indonesia Number 11 of 2008 concerning Information and Electronic Transactions. Based on the law, accountability for spreading hatred in the digital environment is clearly stipulated, with sanctions in the form of fines and imprisonment for those who spread hatred based on religion, ethnicity, or politics. If examined more deeply, Law of the Republic of Indonesia Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE) [19] shows how important this Law is as the main legal instrument in Indonesia. This Law regulates various activities in the digital environment, including provisions related to information that can cause harm or trigger hatred. Article 27 Paragraph 3 regulates criminal liability for the dissemination of information through electronic media (including the internet and social media) that contains insults, defamation, or other content that can damage a person's good name or trigger hatred or violence based on race, ethnicity, religion, or social status. Violation of this provision is punishable by a fine or imprisonment of up to six years. Likewise, Paragraph 2 of Article 28 prohibits the dissemination of electronic messages or other content that can trigger hatred or violence based on religious intolerance, racial hostility, or discrimination against certain social groups. Violation of this provision also carries criminal liability, including fines and imprisonment. Furthermore, Article 45, Paragraph 2, stipulates that those found guilty of committing hate speech or discrimination via the internet may face criminal charges, including a fine of up to 1 million rupiah and imprisonment of up to six years [20].The ITE Law serves as Indonesia’s primary legal mechanism for combating the spread of hate speech on digital platforms.

The Criminal Investigation Agency of the Indonesian National Police (Polri Cyber) officially launched the Virtual Police initiative on February 25, 2021 to prevent and reduce criminal acts that violate the provisions of Law of the Republic of Indonesia Number 11 of 2008 concerning Electronic Information and Transactions. This initiative is based on the Circular Letter of the Chief of Police Number SE/2/II/2021 [21]. which emphasizes the importance of fostering an ethical digital culture to maintain a clean, healthy, and productive online environment in Indonesia. The introduction of the Virtual Police has drawn mixed reactions from the public, both support and criticism. One of the main concerns is that the activities of the Cyber Police have the potential to limit freedom of expression in the digital space. This criticism was voiced by Rifki Rahman, a researcher at the Indonesian Public Policy Research Institute, who argued that this initiative could limit citizens' opportunities to freely exchange opinions online. On the other hand, police representatives, including the Head of Public Relations Division of the Indonesian National Police, Inspector General Raden Prabowo Argo Yuwono, have assured the public that the Virtual Police initiative is not intended to limit user freedom in the digital realm (Tempo, 2021) [22]. According to him, its main goal is to ensure a safe and ethical online environment while combating illegal activities without violating citizens' rights.

Another major legal instrument that criminalizes hate speech is the Criminal Code (2023) [23]. The Criminal Code contains several provisions that address defamation, insults and other forms of hate speech, particularly in the context of election campaigns and political processes. Article 310 of the Criminal Code deals with defamation, which establishes criminal liability for the dissemination of false information that is detrimental to a person’s good name in public. This includes statements or publications that contain elements of hatred or discrimination. Persons found guilty of defamation can face imprisonment or a fine. In cases of defamation spread through the media or public statements, Article 311 of the Criminal Code provides for harsher penalties. This provision increases the penalties if the defamation is carried out with the intention of discrediting a person politically or undermining the election process. In addition [24], Article 156(a) criminalizes public statements that may incite social hostility or violence based on religion, ethnicity or other social factors. This includes instances where hate speech is used as a tool to manipulate public opinion during election campaigns. Article 167 of the Indonesian Criminal Code addresses situations where public figures, including election candidates, use hate speech to manipulate voters or create divisions in society. The provision stipulates fines or imprisonment for individuals involved in or facilitating such practices.

On the other hand, as an effort to maintain public security and order, so as to reduce hoax content on social media, internet users can be more careful. The National Cyber Agency (BSSN) is an institution that regulates cybersecurity regulations, while the National Cyber Agency (BSSN) is an institution that enforces laws related to crimes or criminal acts in cyberspace. Broadly speaking, cybercrimes handled by the cyber police are divided into two types. First, computer crime is a group of cybercrimes that use computers as their main tool. The forms of crime include hacking of electronic systems (hacking), illegal wiretapping, changing the appearance of websites (web defacement), system disruption, data manipulation (data manipulation) of digital data, web phishing, and disruption/attacks on digital security systems. Meanwhile, the second crime is related to computers, namely cybercrimes that use computers as their tools, such as online pornography, online gambling, online defamation, online extortion, online fraud, hate speech, online threats, illegal access, and data theft.

Procedures for Investigation and Prosecution of Social Media Crimes

Hate Speech on Social Media with its modus operandi of spreading hate speech in the form of insults, defamation, blasphemy, unpleasant acts, provocation, and incitement, the aim of which is to create hostility and social conflict based on ethnicity, race, religion, and inter-group (SARA). Where this syndicate uses social media as a place for the public to receive information with current technological advances. The first stage of this process is: Report According to Article 5 of the Regulation of the Chief of the Republic of Indonesia Police Number. 14 of 2012 concerning the Management of Criminal Investigations, police reports/complaints consist of two types, namely Police Report Model A, and Police Report Model B. Police Report Model A is a police report made by members of the Police who experience, know or find out directly about the incident that occurred. Meanwhile, Police Report Mode B is a Police Report made by members of the Police based on reports/complaints received from the public. Based on the Criminal Procedure Code, there is a distinction between what is meant by a report and a complaint, meaning that the handling must be carried out by the Police when receiving different reports and complaints, starting with the investigation and inquiry process.

Investigation Process

In the case of handling cases of Hate Speech on Social Media with the modus operandi of spreading hate speech, if the investigator believes that a crime has occurred, it will be continued with an investigation. The duties of an investigator based on Article 5 (UU. Number. 8 KUHAP, 1981) are [25]; 1) Receive reports or complaints from someone about a crime 2) Seek information and evidence 3) Order someone to stop (examine) the suspect and ask for their identity 4) Other responsible actions 5) Make and submit reports on the results of the actions that have been taken 6) On the orders of the investigator to take action in the form of: a) Arrest, prohibition of leaving the place, search and detention b) Examination and confiscation of letters c) Taking fingerprints and taking pictures d) Bringing someone to the investigator. The main purpose of the investigation is to collect information or data that can be used to: a). Determine whether an incident that occurs is a special crime or not; b). Who can be held responsible (criminally) for the crime; c). Preparation for the implementation of the action stage. The investigation method can be carried out: a). Open; b). Closed.

Investigation Process (Examination)

Investigating cases of hate speech on social media with the modus operandi of spreading hate speech can be carried out since the issuance of the Investigation Commencement Order issued by the authorized official in the investigative agency, where the investigator has received a report regarding the occurrence of a criminal act. So based on the order, the investigator can carry out his duties and authorities by using the tactics and techniques of investigation based on the Criminal Procedure Code so that the investigation can run smoothly and the necessary evidence can be collected and if the investigation process has begun, the investigator must immediately notify the public prosecutor that the investigation has begun. 1) Arrest as regulated in Article 1 paragraph 20 (Law Number. 8 of the Criminal Procedure Code, 1981), namely; [26] Arrest is an action by the investigator in the form of temporary restraint of the freedom of the suspect or defendant if there is sufficient evidence for the purposes of investigation or prosecution and trial in the case and according to the method regulated in this law. [27] 2) Search as regulated in Article 1 paragraph 17 of the Criminal Procedure Code, namely: "A house search is an investigator's action to enter a residential house and other closed places to carry out inspection and/or confiscation and/or arrest in the case and according to the method regulated in this law [28]. 3)Confiscation and search as regulated in Article 1 paragraph 16 of the Criminal Procedure Code, namely: Confiscation is a series of investigator actions to take over and/or store under his control movable or immovable, tangible or intangible objects for the purpose of evidence in investigations, prosecutions and trials" [29]. 4) Detention as regulated in (Article 1 paragraph 21 (Law number. 8 of the Criminal Procedure Code, 1981) [30], namely: Detention is the placement of a suspect or defendant in a certain place by an investigator, or public prosecutor or judge by his/her decision, in the case and according to the method regulated in this law. 5) Submission of Case Files to the Prosecutor's Office According to Article 8 of the Criminal Procedure Code, if the investigator has completed the investigation, the investigator is required to immediately submit the case files to the public prosecutor. The completion and submission of case files consists of two stages where in the first stage the investigator submits the case files, if it is considered complete, the investigator hands over responsibility for the suspect and evidence. This activity is the end of the criminal investigation process carried out by the investigator.

Circular Letter of the Chief of Police on How to Handle Hate Speech The Chief of Police, General Badrodin Haiti, has issued a Circular Letter (SE) of the Chief of Police to handle hate speech. The Circular Letter on hate speech Number SE/06/X/2015 was signed on October 8, 2015 and has been sent to the Head of Regional Units (Head of Regional Unit) throughout Indonesia. Forms, Aspects and Media of Hate Speech In Number 2 letter (f) of the SE, it is stated that hate speech can be a criminal act regulated in the Criminal Code and other criminal provisions outside the Criminal Code, which include: 1). Insults; 2). Defamation; 3). Blasphemy; 4). Unpleasant acts; 5). Provoking; 6). Inciting; 7). Spreading fake news and all of the above actions have the purpose or can result in acts of discrimination, violence, loss of life, and/or social conflict. Furthermore, in letter (g) it is stated that hate speech as referred to above, aims to incite and ignite hatred towards individuals and/or community groups, in various communities that are distinguished from the following aspects: 1). Tribe; 2). Religion; 3). Religious sect; 4). Belief or belief; 5). Race; 6). Between groups; 7). Skin color; 8). Ethnicity; 9). Gender; 10). Disabled people; 11). Sexual orientation. In letter (h) it is stated that hate speech as referred to above can be done through various media, including: 1). In campaign activity speeches; 2). Banners or banners; 3). Social media networks; 4). Expression of opinions in public (demonstrations); 5). Religious sermons; 6). Print or electronic mass media; 7). Pamphlets. In letter (i) it is stated that, by paying attention to the definition of hate speech above, hate speech acts, if not handled effectively, efficiently and in accordance with the provisions of laws and regulations, will have the potential to give rise to widespread social conflict and have the potential to give rise to acts of discrimination, violence and/or loss of life.

Police Procedures for Handling Hate Speech One of the guidelines or guides given by the Chief of Police to his members through a circular on Hate Speech is that it is important for Polri members to have an understanding and knowledge of the forms of hate speech so that they can take preventive measures as early as possible before a criminal act occurs as a result of the hate speech. As for number 3 of the Circular, police procedures are also regulated in handling cases based on hate speech so as not to cause discrimination, violence, loss of life and/or widespread social conflict. To handle hate speech so as not to give rise to discrimination, violence, loss of life, and/or widespread social conflict, the following handling steps are required by members of the Police: [31]. 1). Taking preventive measures; 2). If preventive measures have been taken but do not resolve the problem arising from the hate speech, then the resolution can be carried out through: a). Law enforcement refers to the provisions of the Criminal Code, the ITE Law and Law 40/2008; b). If a social conflict has occurred due to hate speech, its handling will still be guided by Law 7/2012 and Regulation of the Chief of Police of the Republic of Indonesia, Number 8/2013.

Criminal Threats

Furthermore, the Criminal Code regulates a number of articles to ensnare perpetrators of hate speech crimes, including Article 156, Article 157 and Article 158; Violence is any act with or without the use of physical force that causes harm to the body or life, results in physical, sexual, or psychological suffering, and deprives freedom, including making people unconscious or helpless. In Article 157 [32]. The Threat of Violence is any act in the form of speech, writing, images, symbols, or body movements, either with or without using electronic or non-electronic means that can cause fear, anxiety, or worry that violence will be committed, also Article 158; In Public is in a place or Space that can be seen, visited, known, or witnessed by other people either directly or indirectly through electronic media that allows the public to access Electronic Information or electronic documents. Also Article 311, where the threat of punishment for people who spread hate speech is a maximum of four years. While the provisions of Law number. 11 of 2008 concerning ITE is contained in Article 28 paragraph (2) in conjunction with Article 45A paragraph (2). Article 28 paragraph (2) reads; Every person intentionally and without the right to disseminate information intended to cause hatred or hostility towards individuals and/or certain community groups based on ethnicity, religion, race, and inter-group (SARA)”. Article 28 paragraph (2) cannot be separated from Article 45A paragraph (2) of the ITE Law which regulates criminal sanctions. Regarding the crime of hate speech, where people who spread false, misleading news, and cause hatred or hostility can be sentenced to a maximum of six years in prison.

The article relates to prohibited acts in one section, and provisions regarding criminal sanctions in another section. Article 45 A paragraph (2) of the ITE Law reads [33]. "Any person who intentionally and without right disseminates information intended to cause hatred or hostility towards individuals and/or certain community groups based on ethnicity, religion, race, and inter-group (SARA) as referred to in Article 28 paragraph (2) shall be punished with imprisonment for a maximum of 6 (six) years and/or a maximum fine of Rp. 1,000,000,000.00 (one billion rupiah)". The provisions contained in Article 28 paragraph (2) in conjunction with Article 45 A paragraph (2) of the ITE Law were declared revoked by the new Criminal Code Law. This article was then replaced and reformulated into Article 243 paragraph (1) in conjunction with paragraph (2) of the new Criminal Code Law which reads. Article 243 paragraph (1) Any person who broadcasts, displays, or attaches writing or images so that they are visible to the public or listens to recordings so that they are heard by the public or disseminates them using information technology, which contain statements of feelings of hostility with the intention that the contents are known or more widely known by the public, towards one or more groups or groups of the Indonesian population based on race, nationality, ethnicity, skin color, religion, belief, gender, mental disability, or physical disability resulting in violence against people or property, shall be punished with a maximum imprisonment of 4 (four) years or a maximum fine of category IV.

The new Criminal Code also stipulates additional penalties as regulated in Article 243 paragraph (2) of the new Criminal Code (Law of the Republic of Indonesia Number. 1, 2023 concerning the Criminal Code) which reads: [35] If any person as referred to in paragraph (1) commits the crime in carrying out his profession and at that time it has not passed 2 (two) years since the criminal decision that has obtained permanent legal force for committing the same crime, the perpetrator may be subject to additional penalties in the form of revocation of rights as referred to in Article 86 letter f. Article 86 letter f regulates additional penalties in the form of revocation of certain rights in the form of revocation of the right to practice a certain profession. The following are the articles Article 86; Additional penalties in the form of revocation of certain rights as referred to in Article 66 paragraph (1) letter a may be a) the right to hold public office in general or a specific position; b) the right to become a member of the Indonesian National Army and the Indonesian National Police; c) the right to vote and be elected in elections held in accordance with the provisions of laws and regulations; d) the right to become a guardian, supervising guardian, custodian, or supervising custodian of a person who is not his/her own child; e) the right to exercise paternal authority, exercise guardianship, or custodianship over his/her own child; f) the right to practice a certain profession; and/or, g) the right to obtain conditional release.

In Article 87 Unless otherwise specified by law, the revocation of rights as referred to in Article 86 letters a, b, c, and f may only be carried out if the perpetrator is convicted of committing a crime that is punishable by imprisonment of 5 (five) years or more in the form of: a). Crimes related to position or crimes that violate the special obligations of a position; b). Crimes related to his/her profession; or, c) Crimes by abusing the authority, opportunity, or means given to him/her because of his/her position or profession. (Law of the Republic of Indonesia number. 1, 2023 Concerning the Criminal Code) In addition to applying additional penalties in Article 243 paragraph (2) of the Criminal Code Law, it also applies lower penalties than the ITE Law. The sanctions that were originally in the form of a maximum imprisonment of six years and/or a maximum fine of IDR 1 billion in the ITE Law, have become a maximum imprisonment of four years or a maximum fine of category IV in the new Criminal Code Law. In addition, the phrases "visible to the public", "audible to the public", with information technology means, which contain statements of feelings of hostility with the intention that the contents are known or more publicly known" in Article 243 paragraph (1) of the new Criminal Code also emphasizes the existence of a virtual public element. In addition, it must be proven that there is an intention for the contents to be known or more publicly known from the perpetrator. This is important, especially to distinguish which content is merely online communication between individuals, often referred to as “japri” in the form of direct messages, which are not intended to be known to the public, and which actions constitute public communication with the intention of being known to the public (virtual public). If the latter is done, of course it can be qualified that the post was indeed intended to be known to the public, or was deliberately distributed for public consumption.

Islamic Law Study

Social Media is a means of spreading news from and to the wider community. However, technological advances are not accompanied by good policies for its use. Often found hate speech that is very dangerous and contrary to Islamic teachings that encourage its followers to always respect and honor every creature. This is very contrary to Islamic teachings that encourage to always respect and respect each other's brothers. By encouraging his followers to always guard the Tongue. As the hadith of the prophet narrated by Imam al-Bukhari: Meaning: "Whoever believes in Allah and the Last Day, let him say good or keep quiet". In this Hadith, the Apostle precedes it by revealing faith before warning about guarding the tongue. Faith is a very basic thing for Muslims, so people who cannot say good things should be questioned about the quality of their faith in Allah and the Last Day. Hate speech is closely related to insults and defamation and is a violation that concerns the dignity of others, which is in the form of ordinary insults, slander/accusations of committing certain acts. News related to hate speech has a very large influence and very far-reaching consequences, because it can destroy reputation, family, career, and life in society of course. In the Qur'an, Allah SWT says: Meaning: O you who believe, do not make fun of other people, because perhaps those who are made fun of are better than those who make fun of you, and do not women (make fun of) other women, because the woman (who is made fun of) may be better than the woman (who makes fun of), do not criticize each other, and do not call each other with inappropriate titles. bad. The worst call is a bad (fasik) call after believing, and whoever does not repent, then they are the wrongdoers. This also contradicts the ITE Law, where the state regulates freedom of expression, among other things, in the Law-Law no. 9 of 1998 concerning Freedom to Express Opinions in Public. The state has also regulated legal sanctions for those who commit hate speech on social media as stated in Law Number 11 of 2009 concerning Information and Electronic Transactions which was updated by Law Number 19 of 2016 concerning Amendments to the ITE Law. In the Circular Chief of Police No. SE/6/X/2015, which includes hate speech, namely speech that aims to incite and ignite hatred against individuals and/or community groups in various communities that are differentiated based on aspects of ethnicity, religion, religious sect, belief/faith, race. , between groups, skin color, ethnicity, gender, people with disabilities (handicaps), sexual orientation. The consideration of the birth of the ITE Law is related to the development and progress of information technology which is so rapid that it has caused changes in human life activities which have directly influenced the birth of forms of new legal act. The ITE Law is expected to regulate and prevent people who use social media wisely, without limiting the rights of people to gain knowledge or express their opinions in public. Hate speech has a very significant impact. This issue can degrade human dignity and humanity as has happened recently. It can also encourage the creation of collective hatred which if it has crossed a certain limit will result in violence and clashes between groups.

According to (Ibrahim Toha Ziyad divide insults or hate speech into the following types: a). Al-Zummur: insinuating other people in a way that can make them angry. b). Al-Qadhu: something related to refraining from giving something to others. c.) Al-Tahkir: all reproaches that show harassment and insults. According to (Garib Ahmad, 23, 2010) Egyptian criminal law differentiates acts of insult into three categories. a) Al-Ihanah: In the human view, every word and action that is considered a habit contains an element of insult and attack on one's dignity. b). Al-Qadaf: accusing or associating someone with bad actions. c). Al-subbu: linguistically it is hate. Any insult that does not involve an accusation of an actual action or event, but which attaches some character or disgrace to a person. In Islamic criminal law, criminal acts (jarimah) are divided into three types, namely hudud jarimah, qishahs-diyat jarimah, and ta'zir jarimah, based on how heavy or light the punishment is and whether the Qur'an or Hadith confirms it.

According to the elements-elements of a criminal act (Abdur Rahman, 38, 1992), in Islamic criminal law, hate speech consists of: a). Pillars of Sharia (Formal Elements) The existence of sharia provisions or texts stating that certain actions are prohibited or can be resulting in punishment is a formal element. There are several principles underlying the prohibition of actions related to the spread of hate speech, Allah SWT said: "O you who believe, let not a group of men look down on another group, perhaps the one being laughed at is better than them . And let not a group of women belittle another group, perhaps the one who is belittled is better. And do not like to criticize yourselves and do not call each other by nicknames that contain ridicule. The worst calling is (calling) that is bad after faith and whoever does not repent, then those are the wrongdoers. Qs.Al-Hujurat: 11) O you who believe, stay away from most prejudices (suspicions) because some of the ancient thought it was a sin. And don't look for bad things in people and don't gossip about each other. If any of you likes to eat the flesh of his dead brother, then surely you will feel disgusted with him. And fear Allah, indeed Allah is the Most Accepting of repentance, the Most Merciful. . (QS. AlHujurat: 12) "If the hypocrites do not stop, those whose hearts are doubtful (syak) and those who like to spread false news in the country, we will surely order you to defeat them, so that they will be forced to leave the country, then they will no longer be your neighbors, but only a few. (QS. Al-Ahzab: 60), "Misfortune befalls every curser and detractor. (Al-Humazah: 1) "And do not follow anyone who swears a lot, insults a lot, criticizes a lot, who increasingly spreads slander (pitting one against another) (QS. Al-Qalam: 10-11. b.) Pillars of Al-Maddi (Material Elements) Material elements, namely actions that resemble jarimah or criminal acts, either directly or indirectly, or acts that violate the law. In this case, the spread of hate speech is an act that violates the law because it is contrary to Islamic teachings. c) Pillars of Al-Adabi (Moral Elements) The moral element means that people who spread hate speech must be able to be responsible for their actions. People who are considered able to be responsible for their actions are people who are competent or mukallaf.

As for the Sanctions for Criminal Acts of Hate Speech (Hate Speech) If we look at the various ta'zir sanctions that have been explained by Ibrahim Toha Ziyad above, the imposition of sanctions for perpetrators of the spread of hate speech is based on the welfare of the community. (Ahmad Hanafi, 225, 2005) The most severe ta'zir sanction is the death penalty, while the lightest is a warning. In this case, all aspects must be considered, including the perpetrator, the number and quantity of the act, the victim, the place and time of the incident, and the reason the perpetrator committed the crime. In accordance with the fiqh rule that states "ta'zir sanctions (the severity) depend on the benefit and the rule that states the severity of ta'zir sanctions is left to the Imam (judge) according to the severity of the crime committed, these rules give the judge the authority to determine whether the ta'zir sanctions are in the form of an act or not, or whether there is an act that is contrary to the law, such as spreading speech. In accordance with the fiqh rule that states "ta'zir sanctions (the severity) depend on the benefit and the rule that states "the severity of ta'zir sanctions is left to the Imam (judge) according to the severity of the crime committed, the judge has the authority to determine how severe the punishment should be. Undoubtedly, the imposition of sanctions must take into account the preventive and repressive effects. Of the punishment, as well as its educational and rehabilitative effects on the guilty party.

It is known that judges must always consider the principles contained in Islamic criminal law when making decisions. These principles include justice (proportionally), legal certainty (in accordance with sharia rules), and benefits in sentencing (based on benefits and losses). The aim is to ensure justice in determining punishments or sanctions, whether in the form of corporal punishment, freedom punishment, property punishment, or other punishments, such as reprimands and warnings.

Analysis and Law Enforcement Solutions

Tiktok account with the owner name pandita_wakan Indications contain nuances of hate speech. Because it received threats from other parties with the owner of the putra-Lewaka account against the owner of the account with the initials pandita_wakan by stating that "I like you to have videos, but my advice if you have made criticism and criticism if there is a follow-up, also make an appreciation video for the follow-up to the criticism. so that you have a balanced video, and stated that he wanted to report the owner of the putra_ Lewaka account to the authorities (Police), and the videos and photos of the account owner (pandita_wakan) will be distributed, but there was a response from the owner of the account (ifanrafani31) to the content published by the pandita_wakan account, responded to by the account with the initials (putra urtatan) with the statement; Why delete? keep hitting brother, As long as it's right why be afraid, if you are discriminated against, brother, gather your strength and hit him. Different from the response with a statement of support from the account owner (ifanrafani31) towards the account owner putra-Lewaka, by stating that "I like you to have videos, but my advice is if you have made criticism and there is a follow-up to the criticism, also make an appreciation video for the follow-up to the criticism. so that you have a balanced video brother. The attitude conveyed through the communication of the three account owners above indicates that there are differences of opinion, especially criticizing each other's videos displayed by the account (pandita_wakan), which can be said to be criticizing the prospective regents and governors, especially in the Maluku region including the city of Ambon and Central Maluku district, which becomes a nuance that is hate speech and gives rise to a conflict of interest between the prospective regents/mayors and governors in Maluku. Also conveying hate speech with dirty words.

Hate speech in the Circular Letter of the Chief of Police No.SE/6/X/2015, dated October 8, 2015 concerning Handling of Hate Speech by the Chief of the Republic of Indonesia Police General Badrodin Haiti (Indonesian National Police. With the Circular Letter, it can be a guideline for Polri members in handling issues related to hate speech. In the Circular Letter, it is stated that hate speech can be a criminal act regulated in the Criminal Code (KUHP) and other criminal provisions outside the Criminal Code, which include: insults, defamation, blasphemy, unpleasant acts, provocation, incitement, and spreading false news with the aim of causing acts of discrimination, violence, loss of life and social conflict. In addition, hate speech as referred to above, aims to incite and ignite hatred against individuals and/or groups of people in various communities that are distinguished by aspects of tribe, religion, belief, race, inter-group, skin color, ethnicity, gender, people with disabilities (handicapped), and sexual orientation. Institutionally, expressions both verbally and in writing that indicate negative potential expressions also appear. Article 2 of Law Number 2 of 2002 concerning the Indonesian Republic Police (Police Law) states that the function of the Police is one of the functions of the state government in the field of maintaining public security and order, law enforcement, protection, shelter, and service to the community. Then, in Article 4 it is re-emphasized that the Police aim to realize domestic security which includes maintaining public security and order, orderly and upholding the law, implementing protection, shelter, and service to the community, and fostering public peace by upholding human rights. In addition, the Police are a state apparatus that plays a role in maintaining public security and order, enforcing the law, and providing protection, shelter, and service to the community in order to maintain domestic security, Article 5 paragraph 1, as well as in Article 13 of the Police Law.

In the context of legislation, the existence of the circular is not a regulation that can bind the community. But it only serves as a technical instruction or guideline that is binding inwardly, so that every member of the Indonesian National Police has an understanding and knowledge of the forms of hate speech, which is one of the important things that must be possessed by Indonesian National Police personnel as state officials, so that the Indonesian National Police can take preventive measures as early as possible before criminal acts arise as a result of such hate speech. In the era of freedom of information and freedom of expression that the Indonesian nation is currently experiencing, it is very easy to find hate speech in the form of insulting actions; defamation; blasphemy; unpleasant actions; provoking; inciting; and the spread of fake news that can be found in everyday life, whether spoken or done directly or through the media, especially social media. This activity is increasingly rampant when the political temperature rises. For example, in the regional election activities in the Maluku province. In addition, factors related to ethnicity, religion, and race or better known by the abbreviation SARA, If someone expresses hostility in public, they are threatened with a sentence of 4 years in prison (Article 158 of the Criminal Code, 2023). Insults spread through writing, the maximum prison sentence is 2.5 years (Article 157 of the Criminal Code, 2023). While defamation, a maximum of 9 months in prison (Article 310 of the Criminal Code, 2023). For those who spread slander, they can be sentenced to 4 years in prison (Article 311 of the Criminal Code, 2023), and revocation of rights based on Article 35 of the Criminal Code Number 1-3. The rights in question are the right to hold office in general or certain positions, the right to enter the Armed Forces, and the right to vote and be elected in general elections.

As for spreading false news, they can be sentenced to a maximum of 6 years in prison and/or a maximum fine of IDR 1 billion (Article 28, Article 45 paragraph (2) of the ITE Law No. 11/2008. (Law of the Republic of Indonesia Number 11 of 2008 Concerning Information and Electronic Transactions, n.d.) The part closest to the term "hate speech" is if you intentionally show hatred or hatred towards others, based on racial and ethnic discrimination. The threat of punishment is a maximum of 5 years in prison and/or a maximum fine of IDR 500 million.

Hate speech is an act of communication carried out by individuals or groups in the form of incitement, provocation, or insults to others in several aspects such as ethnicity, religion, race, gender, skin color, disability, sexual orientation, citizenship, religion and others. Hate speech crimes can be committed in several ways, including in religious lectures, campaigns, leaflets, banners or banners. Along with the sophistication of technology, hate speech can be done through social media and electronic media. Another term for hate speech is a person's activity through words, actions, writings or performances with the intention of insulting, provoking, or inciting others with the aim of creating prejudice, both directed at the perpetrator of the hate speech and the victim of the action itself. In Indonesia, there are a number of rules and laws that regulate hate speech. The regulations and articles related to hate speech are; 1) Criminal Code, 2) Law number. 11 of 2008 concerning Information and Electronic Transactions/ITE, 3) Law number. 40 of 2008 concerning the Elimination of Racial and Ethnic Discrimination, 4) Circular Letter of the Chief of Police number: SE/06/X/2015 concerning Hate Speech. In the circular letter of the Chief of Police, hate speech can be a criminal act regulated in the Criminal Code and other criminal provisions in the form of, among others: 1) Insults, 2) Defamation, 3) Defamation, 4) Unpleasant acts, 5) Provocation, 6) Incitement, 7) Spreading false news.

All of the above actions have a purpose or can have an impact on acts of discrimination, violence, loss of life and/or social conflict. In order to prevent a wider impact, action is needed from law enforcement officers, especially the Police, to prevent and take preventive and repressive actions in handling cases of Hate Speech. If not handled effectively and in accordance with the provisions of laws and regulations, it has the potential to give rise to widespread social conflict, and has the potential to cause acts of discrimination, violence and/or loss of life. Furthermore, Hate Speech can be done through various methods and media, including: 1) Orations, 2) Banners, 3) Social media, 4) Expressing opinions in public (demonstrations), 5) Religious lectures, 6) Print or electronic mass media.

The function of the police in its field of duty is to maintain public security and order, enforce the law, protect, serve, and serve the community, as it should be carried out with full responsibility, but in reality this function is not maximized as well as possible in its handling, while the rules of law and policies on handling this matter have been regulated transparently through applicable legal regulations supported by special legal policies made by the police to be used as a basis for carrying out the duties of each member of the state police. While Islamic law also prohibits this as its legal basis "Do not make fun of other people, because it may be that those who are made fun of are better than those who make fun of them, and do not let women (make fun of) other women, because it may be that women (who are made fun of) are better than women (who make fun of them), do not insult one another, and do not call one another by bad titles. The worst nickname is a bad (fasik) nickname. In the legal system applicable in Indonesia, Article 45A paragraph (2) of the ITE Law clearly states: Any person who intentionally and without the right to disseminate information intended to cause hatred or hostility towards individuals and/or certain community groups based on ethnicity, religion, race and inter-group relations (SARA) as referred to in Article 28 paragraph (2) shall be punished with a maximum imprisonment of 6 (six) years and/or a maximum fine of IDR 1,000,000,000.00 (one billion rupiah).

Likewise in Islamic law, hate speech is categorized as a criminal act and is divided into three categories, namely. first Al-Zummur which means insinuating others in a way that can make them angry. second Al-Qadhu which means something related to refraining from giving something to others and third Al-Tahkir: all insults that indicate harassment and insults. These actions can be said to violate the law if they meet the elements of a criminal act, namely; First, the Pillar of Sharia (Formal Element), namely if a person's actions are prohibited based on the applicable legal basis, either sourced from the Qur'an and Hadith or the agreement of scholars/opinions of scholars, second, the Pillar of Al-Maddi (Material Element), a person's actions that contain a criminal act, third, the Pillar of Al-Adabi (Moral Element), namely if a person is considered capable of being responsible for his actions. The three elements of a crime are the requirements for a person to be declared to have committed a crime. Therefore, if a person is accused of committing an act that does not fulfill the three elements, he can be declared not to have committed a crime. Likewise, the principles of criminal law applicable in Indonesia have the same context as Islamic criminal law, that a person can be proven to have committed a crime if his actions fulfill the elements of action regulated in the Criminal Code, both in terms of material law and formal law.

The legal basis as mentioned, is the basis for declaring someone to have committed a violation, including someone who is considered to have made hate speech against another person, where this has clearly been stated to be against the law and must be given criminal sanctions, however in the Maluku region, Ambon city and Central Maluku district, the incident was ignored by law enforcement, indicating that there are indications that the police are tolerating criminal incidents that occur in the community in the Maluku region and its surroundings. The solution for handling the law through the order of the Chief of Police based on the Circular of the Chief of Police Number. SE/6/X/2015, dated October 8, 2015 concerning Handling of Hate Speech with three steps of the Chief of Police order including. (1) closing access to links to content or accounts that are suspected of spreading hoaxes. (2) working with digital platform providers to close accounts. (3) Restricting access to some features of digital platforms or file sharing, is not implemented properly by each member of the police who serves in the community, as a result hate speech through social media continues unsupervised.

The use of social media by local communities in the Maluku region, Ambon city and Central Maluku district ahead of the 2024 Regional Head Elections is allowed to continue without being properly controlled by the police, and is not followed by legal action against perpetrators of hate speech. The task order is based on the Circular of the Chief of Police Number: SE/6/X/2015 with three task steps including; (1) closing access to content links or accounts that are suspected of spreading hoaxes. (2) Working with digital platform providers to close accounts. (3) Restricting access to some digital platform features or file sharing, is not fully implemented by every member of the police in the Maluku region. Likewise, in the principles of Islamic criminal law, the attitude of insinuating others that can make them angry, including all insults that indicate harassment and insults to someone, these actions can be said to be against the law if they meet the elements of a criminal act. On this basis, it indicates that the police in Maluku allow hate speech to occur in society.

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26. Threats by a relative with the initials tri against the owner of the pandita_wakan account Bhiken_Amiruel.
27. Socio-Cultural Change Theory.
28. Law of the Republic of Indonesia Number. 11 of 2008 concerning Electronic Transaction Information and Data.
29. Law of the Republic of Indonesia Number 8 of 1981 concerning the Criminal Procedure Code.
30. Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Procedure Code.
31. Law Number 40 of 2008 concerning the Elimination of Racial and Ethnic Discrimination. 2008.
32. Law of the Republic of Indonesia Number 2 of 2002 concerning the Indonesian National Police. 2002.
33. Law of the Republic of Indonesia Number 2 OF 2002 Concerning the Republic of Indonesia National Police.
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36. Development of Introduction to Social Theory. Yogyakarta: Tiara Yoga. 1992.