Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal Law Research Review Quarterly
Brian Hafiz
Universitas Negeri Semarang
Education Law, Crime, Criminology & Criminal Justice

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
CONSTITUTIONAL DESIGN OF LEGAL PROTECTION FOR JOURNALISTS FROM A HUMAN RIGHTS PERSPECTIVE Brian Hafiz; Arif Hidayat
Law Research Review Quarterly Vol. 12 No. 5 (2026): Special Edition Part 1
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v12i5.48012

Abstract

This research aims to analyze the constitutional design of legal protection for journalists in Indonesia from a Human Rights (HAM) perspective. The primary issue addressed is the significant gap between strong constitutional guarantees and the reality on the ground, which reveals high rates of violence and criminalization against journalists. Using a normative legal research method with a statute approach, the results indicate that although Article 28E and 28F of the 1945 Constitution and the ratification of the ICCPR provide a solid normative foundation, current protections remain declarative and lack operational efficacy. This shortfall is caused by regulatory disharmony, where the Press Law is frequently superseded by "elastic clauses" within the ITE Law and the new Criminal Code (KUHP), triggering a chilling effect. Furthermore, the existing protection framework fails to specifically address digital security and gender-based protection. The study concludes that the state, as the duty bearer, must fulfill its due diligence obligations by establishing the Press Law as lex specialis and forming a comprehensive National Protection Mechanism (NPM). Integrating cyber and gender protections is also urgent to ensure press freedom as a pillar of democracy.
Co-Authors Arif Hidayat