PROBLEMATIKA PENEGAKAN HUKUM TERHADAP PENYEBARAN HOAKS POLITIK DI MEDIA SOSIAL

Abstract

The problem of law enforcement against the spread of political 
hoaxes on social media in Indonesia following the 2024 
elections, with 1,593 hoax cases recorded in the first year of the 
Prabowo-Gibran administration, nearly half of which were 
politically motivated and targeted the government. The 
background of this research is based on the rise of politically 
motivated disinformation that utilizes digital platform 
algorithms to produce negative campaigns, hate speech, and 
polarization, thus threatening social stability and the quality of 
democracy. The research aims to analyze the dominant forms 
of political hoaxes on social media and uncover the problems of 
law enforcement, including the multiple interpretations of the 
flexible articles of the Electronic Information and Transactions 
(ITE) Law, obstacles to digital evidence, limited capacity of 
officials, and weak inter-institutional coordination. The research 
uses a descriptive qualitative approach through a literature 
review of key regulations such as the ITE Law, the Criminal 
Code, the Election Law, Constitutional Court decisions, official 
reports from the Ministry of Communication and Information 
Technology (Kominfo) and academic studies related to political 
hoaxes and digital literacy. The research findings indicate that 
Indonesia's legal framework is relatively comprehensive, but 
implementation remains hampered by the anonymity of 
perpetrators, AI-generated hoax technology, disparities in cyber 
forensic capacity, and the risk of overcriminalization that blurs 
the line between freedom of expression and criminal acts. The 
study recommends strengthening more precise regulations, 
improving digital literacy, providing forensic training for 
officers, and close collaboration with digital platforms to ensure 
law enforcement against political hoaxes is more adaptive and 
effective in protecting the democratic public sphere.