Sainul, Sainul and Harwanto, Edi Ribut (2021) Symbolization and Harmonization of Criminal Law Enforcement Hate Speech Through Virtual Police Facilities and Restorative Justice in Review of National Legal System Aspects. Psychology And Education, 5 (58). pp. 6223-6245. ISSN 1553-6939

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Abstract

The background of this journal is the issuance of a new regulation policy regarding the Circular of the Chief of Police No. SE / 2 / II / 2021 dated February 19, 2021 to create a Clean, Healthy and Productive Indonesian Digital Space The Handling Procedure carried out by the National Police Chief, General Listyo Sigit Prabowo, was related to the reporting of the ITE Law which was a complaint offense and could no longer be represented and victims had to make their own reports and complaints. And if, accidentally creating a horizontal conflict, the mediation process is not carried out. However, for reporting that is hoax in nature, defamation will prioritize the settlement of mediation, before taking criminal law enforcement efforts. This, will be related to changes in the National Law System, regulated in positive law. Therefore, the National Police Headquarters CyberCrime Directorate to create a virtual police. The goal is that the police create a virtual police force to investigate and enforce the spread of sentences that are detrimental to public and personal interests committed by Indonesian citizens or citizens abroad who are indicated to have committed a criminal act, then they will immediately be given a warning to those concerned. The Cyber Team to immediately create a virtual police to alert the violators of the Electronic Transaction Information Law, the virtual police will then reprimand. Reprimand and then explain that 'you have the potential to violate the article with so many restrictions. In this case, it will be planned to involve influencers who have a large following or followers and can help by the wider community. Previously, the National Police Chief issued a Circular Speech Encouraging Hate in the guidelines which are instructions and guidelines for the police in the field when there are allegations of hate speech (words that encourage hatred) within the Indonesian Police. The purpose of the National Police Chief to issue this Hate Speech Circular is to inform its members to understand the steps to handle acts of hate speech or hate speech. Before this Hate Speech circular was published, the provisions regarding the prohibition of speaking hatred (such as defamation for example) actually existed and were regulated in a number of statutory regulations both in the Criminal Code and the ITE Law. This is what is new for people to be careful in expression, be it in daily interactions on social media, on Facebook, Instagram, Youtube, Tiktok, and other social media facilities and if they are going to take demonstrations on the street. The public can use this Hate Speech circular as a basis for asking police officers to mediate if one day we are involved in suspected hate speech. The National Police issued the Chief of Police Circular Number: SE / 6 / X / 2015 concerning Handling Hate Speech. This study uses a post-positivism paradigm. The post-positivism paradigm wants to prove everything based on reality that can be built based on experience, the researcher is then neutral towards the object of research, even though the researcher holding this paradigm remains neutral towards the object of research, but he wants to study what happens from things that seem like they have been. certainly. The post-positivism paradigm ontologically conceptualizes the reality of identity, but it is realized that many factors influence that reality. Consequently, the post-positivism paradigm ontologically conceptualizes law as a set of regulations that apply in a society whose enforcement will influence legal, economic, political, cultural and other factors. Epistemologically, the researcher sits impersonal, separate from the object of research. The position of the researcher towards the object of research is neutral and impartial. The results of the author's research, in fact, in Indonesia, there are still many of our people who generally do not understand the difference between expressions of statements and hatred. Hate speech is an act of communication carried out by an individual or group in the form of provocation, incitement, or insult to other individuals or groups in various aspects such as race, color, gender, disability, sexual orientation, nationality, religion and others. Hate speech crimes can be committed through various social media, including in campaign oration activities, banners or banners, social media networks, public opinion delivery, religious lectures, printed or electronic mass media and pamphlets. The results of the research show that criminal acts can be classified as criminal acts of hate speech must meet the elements of direct or indirect actions, which are based on hatred based on ethnicity, religion, race and intergroup, incitement to social conflict, and carried out through various means. Of the total forms of hate speech crimes in tangible forms that were removed entirely from prisons and/or fines and imprisonment or through retorative advice. Keywords: Criminal Action Management, Hate Speech, Social Media, Demonstrations, Virtual Police, Retorative Justice

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