JOURNAL OF WORLD SCIENCE

https://jws.rivierapublishing.id/index.php/jws

Volume 3 No. 12 December 2024

DOI: 10.58344/jws.v3i12.1244 1597

ABSTRACT

The rapid advancement of digital technology has made the dissemination of false news a significant global

issue, posing threats to social, political, and economic stability. This research investigates the challenges faced

by police investigators in combating the criminal offense of disseminating false news in Indonesia and proposes

innovative solutions to strengthen their authority. Using a normative juridical research method, the study

explores legal, institutional, and technical factors contributing to investigative inefficiencies. Key issues

and international cooperation capabilities. To ensure transparency and accountability, the study also suggests

implementing a robust oversight mechanism to monitor investigative actions, prevent abuse of authority, and

foster public trust. By integrating these strategies, the proposed solutions aim to create a more effective and

technology-responsive law enforcement system capable of addressing the complex challenges posed by the

dissemination of false news in the digital age. These recommendations contribute to the broader discourse on

modernizing law enforcement in an increasingly digitalized world.

social media, instant messaging applications, and websites (Chen & Xiao, 2024; Lam & Putri, 2024).

This phenomenon is closely related to the characteristics of digital media that allow every individual

to act as a producer of information. In this context, hoaxes often emerge from various sources,

including anonymous accounts and irresponsible users, who exploit certain moments, such as

political events, natural disasters, or health crises, to spread misleading information (Azhar, 2017).

The lack of digital literacy among the public further exacerbates this situation, as many people

struggle to distinguish between accurate information and misinformation (Bozkurt et al., 2023;

occurs at the individual level but can also result in broader waves of effects within society. False news

Apri Aji Setyawan

, Megawati Barthos

Strengthening the Authority of Police Investigators in Addressing Criminal Offenses of Disseminating False

designed to increase engagement often worsen this problem by amplifying sensational and

provocative content, regardless of the truthfulness of the information. As a result, hoaxes can go viral

in a short time, spreading across various demographics without geographical boundaries (Batoebara

The negative impacts of the dissemination of false news can be seen in various aspects,

including social, political, and economic dimensions. From a social perspective, hoaxes can divide

important issues (Herzing & Muck, 2024b; Zhou et al., 2023).

When society accepts incorrect information as truth, it can lead to political choices that are

not based on facts, potentially harming democracy and the transparency of decision-making

processes (Leon et al., 2023; Osatuyi & Dennis, 2024; Sheng et al., 2022). From an economic

standpoint, the spread of false news can harm businesses and the economy as a whole. For instance,

hoaxes regarding specific products can lead to a decline in consumer trust, which in turn affects sales

losses. On a larger scale, the financial impacts of hoaxes can create uncertainty in the market,

ultimately affecting a country's economic growth (Yani, 2019).

including in Indonesia, where the circulation of false news (hoaxes) has drastically increased. These

hoaxes can provoke debates and conflicts, especially when they contain elements of SARA (ethnic,

religious, racial, and inter-group issues), potentially disrupting social stability and diversity.

Furthermore, because hoaxes often have unclear origins, it is difficult to regulate them under existing

press laws, making it a challenge to distinguish between mainstream media and media that

disseminate hoaxes (Juditha, 2018).

by Law Number 19 of 2016. In Article 28, paragraph (1), the spreading of false news is defined as an

intentional and unauthorized act that can result in losses for consumers in electronic transactions.

Apri Aji Setiawan

Strengthening the Authority of Police Investigators in Addressing Criminal Offenses of Disseminating False

have been beaten. The narrative she spread to her children turned out to be inconsistent with the

truth; she later repeated the story in front of Fadli Zon. Although Ratna eventually admitted that no

others. In this case, Ratna Sarumpaet could potentially be charged under Article 14 and Article 15 of

result in a maximum prison sentence of ten years.

then-governor candidate of DKI Jakarta, Basuki Tjahaja Purnama (Ahok), who was accused of

societal values.

The investigation of cybercrime in Indonesia is carried out by the National Police of the

Informatics. In this investigation process, it is essential to pay attention to the protection of individual

privacy, confidentiality of information, and the smooth running of public services. Additionally, the

integrity and authenticity of data must also be maintained during the investigation process. Searches

not violate human rights and still respect the privacy of the individuals involved (Elvia, 2018).

seeks to enhance the authority of police investigators through a comprehensive legal, institutional,

institutional weaknesses, and proposing strategic reforms. These reforms encompass revising

outdated legal provisions, strengthening law enforcement capacity through specialized training, and

perspective, the study aims to promote a safer digital environment, reduce public misinformation,

To increase the study’s practical relevance, specific policy recommendations are proposed.

These include amending the Electronic Information and Transactions Law (UU ITE) to provide more

Apri Aji Setyawan

, Megawati Barthos

Strengthening the Authority of Police Investigators in Addressing Criminal Offenses of Disseminating False

precise definitions of false news and assign regulatory responsibilities to social media platforms.

Establishing a national cybercrime task force equipped with cutting-edge technology and staffed with

mechanism to monitor investigative processes and prevent potential misuse of authority is

recommended. These measures are expected to create a responsive and accountable law

rights and public security.

inconsistencies and ambiguities. For example, Article 28, paragraph (3) of Law Number 2 of 2002 is a

study also reviews judicial precedents where police appointments outside their institution have been

legally contested. It highlights specific cases, such as appointments to the National Counterterrorism

The data were analyzed using a combination of legislative and analytical approaches. The

legislative approach involved examining the content of legal provisions, comparing national

regulations with international legal standards, and evaluating whether current laws align with

technological advancements. The analytical approach focused on interpreting legal texts, identifying

police-specific regulations. This combined approach ensures a comprehensive legal analysis,

identifying gaps in the legislative framework while proposing actionable policy recommendations for

more precise and more consistent legal provisions.

Indonesia

dissemination of false news (hoaxes) in Article 28. This article is divided into two paragraphs that

define criminal acts related to the spread of misleading information. Paragraph (1) emphasizes that

Apri Aji Setiawan

Strengthening the Authority of Police Investigators in Addressing Criminal Offenses of Disseminating False

regulation.

The criminal acts in Article 28, paragraphs (1) and (2) contain specific elements that must be

fulfilled for an act to be considered a crime. In paragraph (1), these elements include intentional

resulting consequences in the form of losses for consumers in electronic transactions. On the other

hand, paragraph (2) highlights the intent to incite hatred based on specific social identities. Thus,

there are two approaches to understanding the formulation of criminal acts in this article: materially,

the dissemination of information is considered a crime even if no specific consequences have

slander. Subsequently, Article 378 regulates fraud, where anyone who intentionally uses a false name

or status to deceive others for personal gain may be punished with imprisonment of up to four years.

Meanwhile, Article 390 explains that anyone who disseminates false news that causes fluctuations

in the price of goods or securities may also face sanctions, with a maximum prison sentence of two

the news disseminated must be proven to be false, which does not only cover empty information but

dissemination of false news can only be punished if done with the intention of benefiting oneself or

others; individuals who buy goods in bulk to increase prices are not penalized.

disseminating false news that causes public unrest can be punished with imprisonment of up to ten

news that causes unrest without realizing that it is false. Meanwhile, Article 15 threatens a maximum

two-year prison sentence for those who disseminate uncertain news that they are aware could cause

unrest. Furthermore, Article 28 paragraph (1) of the Electronic Information and Transactions Law

(ITE) states that those who intentionally disseminate false news that results in losses in electronic

transactions may be punished with up to six years in prison and/or a fine of up to one billion rupiah.

In this case, six elements must be fulfilled, ranging from the identity of the offender to the

Apri Aji Setyawan

, Megawati Barthos

Strengthening the Authority of Police Investigators in Addressing Criminal Offenses of Disseminating False

presented in court through legally valid evidence. In terms of the proof system, Indonesia adopts the

principle of negative proof as stipulated in Article 183 of the Criminal Procedure Code (KUHAP). Valid

documents, indications, and statements of the defendant. In cases of online crime (cybercrime), the

Electronic Information and Transactions Law (UU ITE) also establishes additional evidence, namely

subjects, while animals and legal entities (rechts personen) do not fall into this category. This is

indicated by the formulations of offenses that use terms like "anyone," "citizen," and "public

servant," as well as provisions on criminal liability indicating the mental capacity of the offender.

in taxation and economic aspects, fundamentally, punishment is experienced by humans. Articles 55,

paragraphs (1) and (2) of the Penal Code regulate that offenders can consist of those who commit,

order, or participate in the crime. In order to hold someone criminally liable, there must be alignment

between the subject and the law, the existence of wrongdoing, an unlawful act, and conditions that

meet legal requirements. In cases of the dissemination of false news (hoaxes), every person who acts

investigators have broad authority, such as receiving reports of crimes, conducting examinations at

responsibilities also include preventive aspects, such as maintaining public order and safety and

monitoring flows that may pose a danger. Judicially, the police are responsible for conducting

investigations based on applicable laws, including the relevant Electronic Information and

Transactions Law concerning the crime of hoaxes.

In efforts to tackle the dissemination of false news, the police employ three approaches:

preemptive, preventive, and repressive. The preemptive effort involves socializing norms and values

to the community to prevent the intent to commit crimes. In contrast, the preventive effort focuses

on reducing opportunities for wrongdoing, such as forming Cyber Patrol Task Forces. Meanwhile,

Apri Aji Setiawan

Strengthening the Authority of Police Investigators in Addressing Criminal Offenses of Disseminating False

The investigation of crimes related to the dissemination of false news online by the Cyber Unit

of the Indonesian National Police faces several factors affecting the effectiveness of law

legal regulations often need to align with existing practices or be harmonious with customary law.

This presents challenges in formulating appropriate communication strategies to optimize the use of

social media as a means of interaction in society. Furthermore, the need for more resources and

facilities is also a constraint; with trained human resources, a well-structured organization, and

indifferent to regulations, prioritizing justice and legal certainty over the issues they face. Moreover,

regarding what is deemed as false news can complicate investigators' ability to determine

difficult to identify the source of false news. This situation is worsened by the low public awareness

of the importance of verifying information before spreading it, which impacts the high incidence of

hoaxes and subsequently hinders police efforts to address this issue effectively.

Moreover, the limitations of human resources and facilities supporting law enforcement also

pose significant obstacles in the investigative process. Many Cyber Units within the police face

investigators' ability to collect and analyze the required evidence. Additionally, the presence of

Isseminating False News in the Digital Era

In the digital age characterized by easy access to information and rapid dissemination of news,

the challenges to law enforcement have become increasingly complex, especially in handling the

information but also poses harmful social and political impacts. Police investigators face the heavy

burden of unraveling the growing practice of disseminating false news. Yet, they are often hindered

by limitations in authority, understanding of technology, and regulations that need to be fully aligned

Apri Aji Setyawan

, Megawati Barthos

Strengthening the Authority of Police Investigators in Addressing Criminal Offenses of Disseminating False

spread of false news in the digital era. A critical step in this effort is to adjust laws to be more relevant

to the dynamics of social media and digital information. Existing laws often need to address the

platforms. Therefore, in-depth studies are necessary to formulate regulations that can accommodate

Furthermore, establishing laws that regulate the responsibilities of social media platforms in

managing misleading content is another vital step. These platforms frequently serve as primary

means for the spread of false news but often lack substantial legal obligations to monitor and control

the content circulating on them. With clear regulations, social media platforms can be required to

take proactive steps in identifying, flagging, and removing content that contains false news. This also

includes rules concerning transparency in algorithms used to disseminate information, allowing the

public easier access to accurate and reliable information. These efforts will not only strengthen the

In confronting the challenges of disseminating false news in the digital age, enhancing the

forensic computing to a deep understanding of social media platforms often used to disseminate

false news.

In addition to training, providing professional certification for investigators who aim to master

the latest tools and technologies in investigation is also important. This certification not only serves

methodologies for handling cybercrime cases. This will also foster a more professional environment

to issues related to the dissemination of false news.

Simulation and case-based learning are also effective methods for enhancing investigators'

Apri Aji Setiawan

Strengthening the Authority of Police Investigators in Addressing Criminal Offenses of Disseminating False

face the complexities of false news dissemination in the digital world. Thus, comprehensive capacity

building and training will produce more competent investigators who can perform their duties well

Strengthening the organizational structure within the police is a crucial step in addressing

specialized unit focused on cybercrime and false news. This unit will consist of personnel with

of such a specialized unit, the handling of cases related to false news can be conducted more swiftly

Moreover, this unit can also act as a research and development center to identify new trends in the

capacity of the police but also demonstrates the government's commitment to tackling the issue of

false news that disrupts social stability.

The development of international cooperation networks is also an essential aspect of

strengthening the organizational structure of the police. False news often knows no national borders

investigative techniques that can assist in addressing cases involving international actors. This

network of cooperation will enhance the police's capability in facing global challenges related to the

dissemination of false news, as well as facilitate knowledge exchange and best practices in law

monitoring system should encompass clear and transparent mechanisms to oversee every step of

responsible institution. Additionally, establishing complaint mechanisms for the public regarding the

mechanism should be easily accessible and taken seriously by the police. With this system in place,

the public will feel more protected and actively monitor police actions. This will strengthen the

relationship between the police and the community, creating a conducive atmosphere for fair and

transparent law enforcement, especially in the complex handling of false news in the digital era.