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All Journal Journal of Research in Social Science and Humanities Journal Evidence Of Law
Ismaidar Ismaidar
Universitas Pembangunan Panca Budi, Medan, Indonesia
Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Social Sciences Other

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Juridical Analysis of the Implementation of Law Number 9 of 1998 on Freedom of Expression in Public (Case Study Period 2020-2025) Ismaidar Ismaidar; Rahmayanti Rahmayanti
Journal of Research in Social Science and Humanities Vol 5, No 4 (2025)
Publisher : Utan Kayu Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47679/jrssh.v5i4.500

Abstract

This research aims to examine the position and implementation of Law Number 9 of 1998 on Freedom of Expression in Public within Indonesia's national legal system, focusing on the 2020-2025 period as a post-pandemic democratic transition phase. Freedom of expression is a constitutional right guaranteed by the 1945 Constitution, yet violations by law enforcement officers frequently occur in practice. This research employs a normative juridical method with statutory, conceptual, and case approaches. The results indicate that although Law No. 9 of 1998 normatively guarantees citizens' rights to express opinions in public, its implementation during 2020-2025 still faces various challenges. Data from Komnas HAM and YLBHI show an increase in violation cases from 42 cases in 2020 to 67 cases in 2023. Law enforcement officers often act repressively, misinterpret notification procedures, and demonstrate weak supervision of rights violations by authorities. Therefore, legal reform
Criminal Law Analysis of The Role of Influencers in Online Gambling Promotion in Indonesia Muhamad Ilham; Sumarno Sumarno; Ismaidar Ismaidar
Journal Evidence Of Law Vol. 5 No. 1 (2026): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v5i1.2238

Abstract

The phenomenon of online gambling in Indonesia involving influencers as promoters through social media raises complex criminal law issues. This normative research with a statutory approach analyzes legal regulations and criminal liability of influencers in online gambling promotion. The results indicate that this practice is regulated through Article 27 paragraph (2) in conjunction with Article 45 paragraph (3) of the ITE Law No. 1/2024 with a maximum criminal threat of 10 years and/or a fine of IDR 10 billion, Article 426 of Law No. 1 of 2023 concerning the Criminal Code with a maximum imprisonment of 9 years or a category VI fine, as well as the Consumer Protection Law. Criminal liability requires accountability capacity, intent, and absence of justification reasons, accompanied by consequences in the form of criminal sanctions, asset seizure, and social media account blocking.
Co-Authors Muhamad Ilham Rahmayanti Rahmayanti Sumarno Sumarno