The urgency of restricting the making accessibility phrase in Article 27 of the Electronic Information and Transactions Law from the human rights perspective in Indonesia

Abstract

The Law of the Republic of Indonesia Number 11 of 2008, titled Electronic Information and Transactions Law (UU ITE), was revised by the revision of the Law of the Republic of Indonesia Number 19 of 2016. The concept of “making accessible,” in Article 27 may encompass every social media user only by liking a post on Facebook. This excessive phrase may violate human right, especially freedom of expression for Facebook social media users. The law must strictly define what actions can be categorized as “making accessible,” which is essential to an effective law enforcement and to fulfill the purpose of the law itself, for justice, legal certainty, and expediency. The constitution of Indonesia provides provision in respecting, protecting, and fulfilling human right so every social media user also has to be protected. Thus, the definition of “making accessible” should be further delineated.