Negative Campaigns and Black Campaigns: What’s the Difference?
Professor of Criminal Law at the Universitas Indonesia, Topo Santoso, explained the difference between negative campaigns with black campaign. In electoral law, negative campaigns are permitted, while black campaigns are prohibited and can be subject to criminal sanctions as stated in Article 280 paragraph (1) letter c and Article 521.
Article 280 paragraph (1) letter c reads, “insulting someone, religion, ethnicity, race, class, candidate and / or other election participants.” Article 521, “Every executor, participant, and / or election campaign team who intentionally violating the prohibition in Article 280 paragraph (1) letters a, b, c, d, e, f, g, h, i, or j, shall be sentenced to a maximum of two years in prison and a maximum fine of 24 million rupiah. “
If a negative campaign is carried out by showing the weaknesses and mistakes of political opponents, then the black campaign is to accuse the opposing party of false or unproven accusations, or through irrelevant matters related to their capacity as leaders. For example, a negative campaign in the presidential election contest is conducted by publishing foreign debt data of incumbent presidential candidate by the opposing party. While an example for a black campaign, accusing someone to be unworthy of being a leader because of his religion or race.
“This negative campaign has legal aspects. In fact, it is useful to help voters make their decisions. For example, there is news that shows data, for example, foreign debt, it is legal and can be issued. Voters will be smarter in choosing,” explained Topo at a seminar on “Transactional Politics, Political Corruption, and Black Campaign in the 2019 Election in the Criminal Law Review” at the Faculty of Law building, Universitas Indonesia, Depok, West Java (9/10).
Because a negative campaign is not prohibited, the party attacked by another party through a negative campaign should not report to the police. The party concerned can reply by issuing a valid data or argument that can defend his position. If political opponents carry out a black campaign, the offended party can report to the Election Supervisory Body (Bawaslu).
Furthermore, the Head of the Corruption Sub-Directorate for Criminal Investigation of the Indonesian Police Criminal Investigation Agency, Totok Suhartoyo, explained three things that differentiate negative campaigns with black campaigns. From the source side, negative campaigners are clear, while black campaigners are not clear. In terms of goals, negative campaigns aim to discredit a person’s character, and black campaigns aim to destroy one’s character. Then in terms of truth, negative campaigns use valid data, while the black campaign data is invalid or falsified.
According to Totok, proving someone guilty of a suspected criminal case of a negative campaign is not easy. Usually, investigators use two approaches. One of them, whether what is done by the reported party lowers one’s dignity.
“What if what I say is true, but alludes to certain religions? That’s to discuss. There is a question, is it reported to reduce a person’s dignity even though in fact it is true? So, suspecting someone is not easy,” explained Totok.
RI Bawaslu member, Rahmat Bagja conveyed, although the prohibition and sanctions in the Election Law are only addressed to executors, participants, and / or campaign teams, but any person who carry out black campaigns on social media can be subject to criminal sanctions in accordance with the Information and Electronic Transactions Law (ITE).
“The black campaign on Social Media, if the you are not a campaign team or campaigner, then got charged with the ITE Law. There were hard-line mothers in Depok, who insult certain political parties, were arrested by the police. The ITE Law is more cruel than the Election Law,” Bagja said.
Article 28 paragraph (2) jo Article 45 Paragraph (2) of the ITE Law imposes a penalty for black campaigners on social media up to 6 years in prison.
Sumber https://rumahpemilu.org/perihal-kampanye-negatif-dan-kampanye-hitam-apa-bedanya/
