The rapid advancement of digital technology has transformed the way people access and share information. Social media enables anyone to distribute content within seconds, often without verifying its accuracy. While this digital environment has greatly improved communication and information exchange, it has also accelerated the spread of misinformation capable of triggering public panic, social conflict, political polarization, and substantial economic losses.
According to the researchers, Indonesia has entered a new phase of cyber law enforcement following the implementation of its updated legal framework. These legislative reforms are intended to strengthen legal certainty while maintaining a balance between protecting freedom of expression and safeguarding the public interest in the digital era.
Rather than conducting field surveys, the researchers employed a normative juridical approach, examining national legislation, legal doctrines, and scholarly literature related to criminal liability for online misinformation. Their analysis focused primarily on Law No. 1 of 2024, which amends the ITE Law, and Law No. 1 of 2023, which introduces Indonesia's new Criminal Code. This approach allowed the authors to evaluate how the two legal instruments complement each other in regulating criminal responsibility for the dissemination of false news.
The study identifies two primary legal mechanisms currently used to prosecute individuals responsible for spreading hoaxes in Indonesia.
The first mechanism relies on the ITE Law, which functions as a lex specialis or special legal provision. Under this legislation, individuals who knowingly distribute false electronic information that causes public disorder may face imprisonment of up to six years or a fine of up to one billion Indonesian rupiah. Prosecutors must demonstrate that the offender intentionally spread false information and that the dissemination resulted in actual public disruption.
The second mechanism is provided by the 2023 Criminal Code, which serves as the lex generalis or general legal framework. Unlike previous legislation, the new Criminal Code expands criminal liability by incorporating the concept of gross negligence. Individuals may therefore be held legally accountable if they share information that should reasonably have been suspected as false because they failed to conduct even basic verification before distributing it. This provision extends legal responsibility beyond deliberate creators of misinformation to those who recklessly amplify false content that causes harm to society.
The researchers also emphasize that criminal sanctions alone cannot effectively combat the spread of online hoaxes. Punitive measures should be complemented by preventive strategies. Government authorities are empowered to block access to false content, collaborate with digital platform providers to improve content moderation, and strengthen nationwide digital literacy programs. According to the study, combining criminal law enforcement with preventive educational initiatives offers a more sustainable solution than relying solely on prosecution after misinformation has already spread.
Despite the strengthened legal framework, the study identifies several persistent obstacles that continue to undermine effective enforcement. These challenges include overlapping legal provisions that may lead to inconsistent interpretation, varying levels of expertise among law enforcement officers in handling cybercrime cases, limited digital forensic facilities—particularly outside Java—low levels of digital literacy among the public, and the widespread habit of sharing information through social media and messaging applications without first verifying its authenticity.
Muliyani and colleagues argue that Indonesia's greatest challenge is no longer the absence of legal regulations but ensuring that law enforcement agencies possess sufficient technological expertise while simultaneously fostering a culture of digital literacy throughout society. Without improvements in both institutional capacity and public awareness, the effectiveness of the country's updated legal framework will remain limited despite its stronger statutory foundation.
The findings have broad implications for policymakers, law enforcement agencies, digital platform providers, educational institutions, and the general public. Policymakers may use the study as a reference when drafting implementing regulations that provide clearer definitions of criminal elements related to misinformation. Law enforcement agencies are encouraged to strengthen cyber forensic infrastructure and invest in specialized digital investigation training. Educational institutions, meanwhile, can integrate digital literacy into school curricula to help students develop critical thinking skills and responsible online behavior from an early age.
The authors further recommend that the Indonesian government issue more detailed implementing regulations to clarify legal interpretations, enhance technological resources available to police investigators, and expand public digital literacy campaigns nationwide. These measures, they argue, are essential for maintaining an appropriate balance between protecting freedom of expression and preserving public order in the digital information ecosystem.
Author Profiles
Muliyani is a legal scholar at Universitas Quality Berastagi whose research focuses on criminal law, cyber law, and the development of Indonesia's digital legal framework.
Maria Ferba Edytia Simanjuntak is an academic at Universitas Quality Berastagi specializing in criminal law and legal policy in the context of digital transformation.
Rayani Saragih is a researcher at Universitas Quality Berastagi whose work focuses on criminal law, law enforcement, and the regulation of information technology.
Research Source
Muliyani, Maria Ferba Edytia Simanjuntak, & Rayani Saragih. A Legal Reconstruction of Criminal Liability for the Dissemination of False News (Hoaxes) Based on the New Criminal Code and Updates to the ITE Regulations. Indonesian Journal of Advanced Research (IJAR), Volume 5, Issue 7, 2026.
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