INTRODUCTION

The problem of hate speech and racism is a problem which cannot be covered by existing
provisions in the book of criminal law laws which are abbreviated as the Criminal Code and
apply since the Dutch East Indies government, namely January 1917. After Indonesia
independence, the Criminal Code is enforced based on Law Number 1 Year 1946 jo. Law
Number 73 of 1958 Concerning Legal Regulations Criminal For The Entire Territory Of The
Republic Of Indonesia And Changing The Book Criminal Law (KUHP). 1 The meaning of Hate
Speech itself is Action communication carried out by an individual or group in the form
provocation, incitement, or insult to other individuals or groups in terms of various aspects such
as race, color, gender, disability, sexual orientation, nationality, religion and others. In the legal
sense of Hate Speech (Hate Speech) are words, behavior, writing, or performances that
prohibited because it can lead to acts of violence and prejudice whether from the perpetrator of
the statement or the victim of the action.

Websites that use or implement Hate Speech are called Hate Sites. Most of these sites use
Internet Forums and News to reinforce a certain point of view. 2 Almost all countries around the
world have laws that regulates Hate Speech, in Indonesia Articles which regulate actions
regarding Hate Speech against a person, groups or institutions based on a Circular Letter. Chief
of Police No: SE/06/X/2015 contained in Article 156, Article 157, Article 310, Article 311, then
Article 28 jis. Article 45 paragraph (2) Law No. 11 of 2008 concerning information &
transactions electronics and Article 16 of Law No. 40 of 2008 concerning the elimination of
discrimination Race and Ethnicity. All acts of discrimination, violence, loss of life and or social
conflict. Furthermore, in a Circular Letter (SE) on letter (h) mentioned, Hate Speech as referred
to above can done through various media The scope of the crime of Hate Speech (Hate Speech)
belongs to in crimes against honor, other terms are also common used for a crime against honor
is a crime insult. Viewed from the point of view of the target or object of delicti, which is the
intent or purpose of the Article is to protect honor, then act crime against honor is more
appropriate. If you look at it from an action point of view criminal offense is not wrong. Experts
do not agree on the meaning and the definition of honor and good name, but agree that honor and
good name are the rights of a person or the basic rights of every human being. With thus, only
humans can have honor and good name.