USE OF LANGUAGE AS EVIDENCE IN THE JUDICIAL PROCESS ON GUS NUR’S HATE SPEECH CASE IN THE INDONESIAN LEGAL CONTEXT
Supardi, Tutik Patmiati, Suwardi, Muhammad Erfan Muktasim Billah, Andika Putra Eskanugraha, Supardi, Tutik Patmiati, Suwardi, Muhammad Erfan Muktasim Billah, Andika Putra Eskanugraha · Journal of Southwest Jiaotong University · 2023
This study aims at examining how the language of Gus Nur (GN) is considered hate speech that caused him to undergo judicial process. For this aim, the research questions include which GN’s statements are considered hate speech, why GN’s statements become hate speech causing him to undergo judicial process, and what judicial processes GN experienced. To answer these questions, the data were obtained from the original text of GN’s statements which he uploaded to his YouTube channel account on October 16, 2020. The collected data were then analyzed using the data analysis model of Miles and Huberman and the thematic analysis of Braun and Clark. The results show that because of his language considered as hate speech against Nahdlatul Ulama, one of the Islamic organizations in Indonesia, GN underwent such judicial processes as becoming the reported, the suspect, the accused and the convict. This means that GN has violated the provisions of Indonesian law regarding hate speech. Based on the results, the novelty of this study states that it provides a solid understanding of how language becomes hate speech in Indonesian legal context that no previous studies have discussed. In addition, this research provides an alternative model of doing a research on the forensic linguistics as the application of linguistics in field of law that it can become a reference for a further study. Keywords: Hate Speech, Judicial Process, Language as Evidence DOI： https://doi.org/10.35741/issn.0258-2724.58.4.41