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All Journal Journal of Law, Administration, and Social Science Administrative and Environmental Law Review
Riswandha Imawan
Universitas Jember
Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Reconstruction of legal protection for public institutions in the ITE Law after The Constitutional Court decision 105/PUU-XXII/2024 Husni Mubarak; Aji Purnomo; Riswandha Imawan
Journal of Law, Administration, and Social Science Vol 6 No 1 (2026)
Publisher : PT WIM Solusi Prima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54957/jolas.v6i1.1996

Abstract

The rapid expansion of digital communication has intensified public expression while simultaneously increasing the use of Article 27A of the ITE Law by state institutions to respond to public criticism, which culminated in Constitutional Court Decision Number 105/PUU-XXII/2024 that reinterpreted the phrase “other person” by excluding public institutions as victims of defamation, thereby generating significant debate regarding the balance between freedom of expression and the protection of state institutions Objective: This study aims to examine the legal status of public institutions after the Constitutional Court’s decision and to analyze the juridical implications of removing criminal protection within the framework of the principle of institutional protection in a constitutional democracy. Methodology: The research employs a normative legal approach using statutory and conceptual methods through the analysis of the Constitutional Court’s ruling, legal doctrines in criminal and constitutional law, and relevant scholarly literature on freedom of expression and institutional reputation. Findings: The results indicate that the concept of honor protected under defamation law is inherently personal and attached to individuals, not institutional entities, thus public institutions no longer possess legal standing as victims in criminal defamation cases, while institutional protection can still be pursued through civil remedies, rights of reply, and administrative clarification mechanisms. Implications: This study underscores that the removal of criminal protection for public institutions does not weaken state authority but instead strengthens democratic governance by preventing the criminalization of criticism, safeguarding freedom of expression, and promoting proportional, transparent, and rights-based mechanisms for protecting institutional credibility in the digital public sphere. Kata Kunci: Mahkamah Konstitusi, Perlindungan Hukum, Kebebasan Ekspresi.
Flood Governance and Spatial Planning Failures in Batu City: A Socio-Legal Study on Risk Mitigation Moh. Muhibbin; Slamet Muchsin; Riswandha Imawan; Ahmad Bastomi
Administrative and Environtmental Law Review Vol 6 No 2 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v6i2.4462

Abstract

Flooding remains a persistent threat in Indonesian urban areas, including Batu City, East Java, causing extensive physical, social, and economic impacts. This study examines flooding impacts and analyzes prevention and mitigation efforts from a socio-legal perspective, with a focus on governance and spatial planning. Using a qualitative sociological-legal approach, the study finds that recurrent flooding in Batu City is primarily driven by human-induced land-use changes and weak enforcement of spatial planning regulations. Conversion of protected forests into agricultural land and settlements has reduced water catchment capacity, while degradation of the Brantas River Basin, including sedimentation and river narrowing, exacerbates flood risk. Batu, Junrejo, and Bumiaji sub-districts are the most affected, with flood durations often exceeding three hours. The findings indicate that deficiencies in spatial planning governance and law enforcement are key institutional factors in flood vulnerability. This study contributes to environmental administrative law by linking spatial governance failures to disaster risk and offers policy recommendations for revising the Regional Spatial Plan (RTRW) and strengthening local flood mitigation regulations.
Co-Authors Ahmad Bastomi Aji Purnomo Husni Mubarak Moh. Muhibbin Slamet Muchsin