The Wave of the Future : Content Creation Wave Alongside the Legal Wave

• Tim Multimedia Fakultas Hukum
• 14 Oct, 2023
• Berita
• 314

A Prologue

            On Saturday, October 1^st 2023, The UAJY Faculty of Law held seminar and training with the theme “Creative Content on Social Media and its Aspects” which was held in Campus 1, Room 306. The event was divided into two sessions, namely Presentation of Legal Aspects in Information Technology (IT)’ world which was supervised by Dr. Aloysius Wisnubroto, SH., M.Hum, one of Criminal Law lecturer at The UAJY Faculty of Law or well known as Mr. Wisnu. The other session was presented by Suri Sugandi Surya Talita, S.Pd, from the Effion Creator School Team who led training sessions on creative content.

 

            This academic event was held considering that, Indonesian people from various circles are unable to escape from the influence of technological information developments era nowadays. Which an era where technology is increasingly important and influence our social life, including our role as citizen in Indonesia. Mr. Bowo, as the Chairman of the event, delivered a prologue by expressing the anxiousness and the circumstances of society in facing the world of IT and the implementation of the ITE Law, Act No. 11 of 2008 on Electronic Information and Transactions. During his speech, he invited the attendees to anticipate various issues commonly arise in the world of IT, one of which is the ideological battle which spread intensely on social media, especially on political year, such in 2024 Election. Mr. Bowo had highly expectation that this event is able to become a project-based learning platform to develop the roots of nationalism and patriotism insight through expressing works on social media. Mr. Bowo conveyed that social media must become a tower of water that provides calmness for a better and healthier social life. Furthermore, Mr. Bowo also appealed the attendees to establish collaboration, synergy, and relation with various groups of society, such as doctors, cultural figures, intellectuals, police officers, law enforcement officers, community leaders, and so on. This must be done continuously and permanently in order to move towards a better ‘Indonesia Emas’ - Golden Indonesia Vision

 

Riding The Wave

           

            Mr. Wisnu, one of the UAJY Faculty of Law Criminal Law lecturer who is also a Javanese artist, a puppeteer, started his presentation by stating the term “Content is The King”. “Content is The King” refers to content creation which being the main axis of the IT world, especially in digital marketing whom main consumers are social media users. Mr. Wisnu declared the digital marketing strategies in media to attract consumers to involve in the seller’s marketing products by using content creation.

            In content creating, Mr. Wisnu called it riding the wave. Riding the wave is a phenomenon which creativity and innovation included elements of visualization and rhetorical content have a big impact to attract and influence marketing waves from various circles.

            Mr. Wisnu said, “There are three notions when looking at legal regulations in the world of IT. The first is “freedom of information, and free flow of communication”, the followers of this notion say that there is no need state regulations in cyber, so the agreed rules are only initiated to the cyber community.” He continued, “regulations must still exist, but in accordance so that excessive criminalization does not occur.” Mr. Wisnu continued to explain that he was a follower of the notion of “Universal Human Rights”. Followers of this notion argued that the world of IT requires state regulation, but it must not eliminate the rights to freedom of opinion and expression. However, the followers of the notion of “Noble Values” require state regulations which include restrictions on the right to freedom which is contrary to noble values, such as courtesy, manners, wisdom, and virtue.

            During his presentation, Mr. Wisnu stated the gap between culture and the use of technology. He invited the attendees to be aware of the ethics of all forms of action in social media, especially in publishing content to digital platforms. The low level of literacy, without understanding the context able to become a disaster to social media users. Freedom to use social media without a limitation and correct value can cause an increasingly chaotic situation in society.

            Mr. Wisnu stated the post-truth phenomenon is a situation in society which people have a phycological tendency to easily measure the truth that is spreading in cyberspace. This phenomenon depicts a portrait of reality which the truth in cyberspace is not determined by the facts that existed, perceptions formed by media from various departments, however. Mr. Wisnu continued, “We are presented with pros and cons content that makes our perspectives become less objective. Not a few people’s perspectives are already influenced by this post-truth phenomenon, so that they all easily fight on social media. If this keeps continue gradually, this could exacerbate the separations that happened already.”

 

Freedom Vs Legal Sanctions

        Defending freedom of expression on social media as one of fundamental human rights, Mr. Wisnu said that the current legal sanctions are still seen as limiting freedom. Such a polemic that runs from time to time. He invited the attendees to think in distinguishing forms of expression of freedom. Which is opinion, which is criticism, which is expression, which is decency, and so on.

            Mr. Wisnu explained, there are the laws that guarantee the freedom of opinion, namely:

• • • Act No. 9 Of 1998 on Freedom To Express Opinions In Public
    • Act No. 14 Of 2008 on Openness Of Public Information
    • Act No. 40 Of 1999 on The Press
    • Act No. 32 Of 2002 on Broadcasting
    • Act No. 36 Of 1999 on Telecommunication
    •  Act No. 11 Of 2008 on Electronic Information Transaction (ITE) Jo. Act No. 19 Of 2016
    • Act No. 28 Of 2014 on Copyright
    •  Act No. 44 Of 2008 on Pornography
    • Act No. 27 Of 2022 on Personal Data Protection
    • Act No. 1 Of 1946 on Criminal Law Regulations
    • Criminal Code (KUHP)
    • Act No. 1 Of 2023 on The Criminal Code

 

Act No. 1 of 2023 on The Criminal Code which contains regulations related to creative content on social media. Example, hoax, clickbait, and so on. Mr. Wisnu also explained the article regarding defamation. He said that this article was not to protect who were offended. However, it protects someone from having their reputation destroyed. This also requires proof if there are words that cause the fall of someone’s reputation. This is stated in Article 28 paragraph (2) of the ITE Law. Afterwards, Mr. Wisnu did not forget to say that Article 156 of the Criminal Code has rubber properties. Because hate speech basically has no definition. Meanwhile, defamation is a relative offense . That is, it depends on the context, motives, goals.

 

Ngono Yo Ngono, Ning Ojo Ngono (That is how it is, but do not be like that)

Question and Answer Session

Mr. Naryo          : "When political observers delivering responses or arguments, they always start their answers with the sentence "in my opinion". Is this a form of protecting themselves from legal entanglements?"

Mr. Vishnu         : "That opinion cannot be punished. We already have a law that guarantees that. We can not force our opinions to be true. Because, people's opinions are a measure of that person. If it is truly pure opinion, then it can not be punished. However, if the opinion has a tendency, there is a motive, there is an intention to attack honor and this is not easy to prove. This could be subject to the offense of defamation.”

Mr. Aryadi         : "Indonesia has a basis that we call Pancasila. However, as Javanese, there is a saying that says "where the sky is upheld, there the earth is stepped on". When people express opinions or criticism that are correct and in accordance with reality. But in the way he conveyed it, he actually started an argument. Bener ning ora pener (true but not necessarily correct). What is Mr. Wisnu response to this phenomenon?"

Mr. Wisnu         : "For certain traditional circles, Javanese people speak from roso (taste). But that culture is slowly fading. Social media can be educational but also destructive. Not every problems have to be resolved by law. We must pay attention to the root of the problem, because the main enforcement is education, not law. Our ancestors taught us so. Number one is manners and ethics. It's true, it's true, but it's not necessarily accurate .

Mr. Agus           : "There is a lot of conflicting content on social media. For example, when Prabowo's supporters attacked Anis' party. So, that this election can be a good and correct stage, it can be a stage that shows that he is a quality leader candidate, instead of criticizing each other. So that this election is safe, peaceful and fair, what is the solution?"

Mr. Wisnu         : "I think this is related to good social media strategy and etiquette. Besides that, basically, content requires material, research, collaboration, strategy. And I think Mrs. Suri has more capacity to answer it as a millennial generation."

Mr. Jupri           : "There is a lot of content that uses art media to promote something nowadays. Starting from politics, development, and so on. However, usually, this content is often adopted from here and there and then added here and there. How do you overcome your anxiouness about being creative so you don't stumble or get caught in plagiarism?"

Mr. Wisnu         : "Among artists, there is definitely a community or association, and as fellow artists, adopting works of art, whether in terms of methods, styles, results such a common thing, because many artists like to talk to artists (excuse me ) others to borrow a method or their work. And among artists, it is part of a common bond of friendship between people. Of course, this is also related to the permission of the party concerned. Apart from that, there is a law that regulates copyright. As long as it's not commercial, it's safe. However, if the adoption is used for economic interests, then the term "economic rights" must be paid to the party concerned.

To close the first session, Mr. Wisnu explained the legal aspects of content creation. Mr. Bono, who acts as moderator alongside with Mrs. Imma, invites all the attendees to use social media wisely and with dignity. " Ngono yo ngono, neng ojo ngono, " said Mr. Bono, followed by laughter from the the attendees.