A Dualistic Approach to a Hate Speech Case Based on Pancasila

Abstract

The spread of hate speech poses a grave danger to the life of Indonesia as a state; therefore, it must be overcome seriously through legal channels. Enforcement of law prohibiting hate speech must be oriented to the creation of a just legal ruling. The dominance of the monoistic approach in law enforcement to hate speech has been criticized for being very vulnerable to abuse. A monoistic approach that emphasizes the fulfillment of elements of offense must be evaluated because the main subject that is tested or tried in a hate speech case is speech or words. Speeches or words can have multiple meanings, therefore, to ascertain whether the perpetrator of hate speech really intends or intentionally disseminates information that can cause hatred based on Tribe, Religion, Race and Intergroup (SARA), the inner attitude of the perpetrator when delivering the utterance must be taken into account. The dualistic approach is important in order to portray clearly whether the elements of offense are fulfilled and the action of the perpetrator can be accounted for legally. The dualistic approach in law enforcement towards hate speech is more likely to present justice in accordance with the values ​​contained in Pancasila.