Elmi Sasmitaningtyas
Universitas Kristen Cipta Wacana

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The Impact of Constitutional Court Decision No. 105/PUU-XXII/2024 on Restrictions on Defamation Lawsuits on the Public's Right to Oversee Power: An Institutional and Constitutional Analysis Muhamad Irwan; Rizky Perdana Bayu Putra; Tuti Handayani; Elmi Sasmitaningtyas; Milka Kumala
International Journal of Sustainable Law Vol. 2 No. 2 (2025)
Publisher : Universitas Kristen Cipta Wacana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71131/mcf6j149

Abstract

This article examines the impact of Constitutional Court Decision No. 105/PUU-XXII/2024, which restricted criminal defamation claims by institutions under the Electronic Information and Transaction Law. The ruling asserts that only individual persons—not state bodies, corporations, professions, or institutional entities—may file criminal defamation reports. Employing a normative legal method with statutory and constitutional approaches, the study analyses the decision’s implications for public oversight over governmental power, democratic deliberation, and institutional accountability. This paper argues that the decision strengthens citizens’ freedom of expression and the informal mechanism of checks and balances, while also reducing the potential misuse of criminal defamation provisions to silence criticism. However, the effectiveness of the ruling depends on judicial interpretation, harmonisation with other legal frameworks, and the institutional internalisation of democratic norms. The research concludes that although the decision contributes to the protection of civil liberties, a more systematic enforcement strategy, judicial guidelines, and legal reform are required to prevent retaliatory litigation through non-criminal avenues. Furthermore, this study contributes to constitutional scholarship by positioning the decision as a landmark shift from state-centred reputational protection towards citizen-centred constitutional guarantees. It highlights the need for a coherent legal architecture that safeguards critical expression as an essential component of democratic control over power. By mapping doctrinal consequences and practical enforcement gaps, this article offers a framework for evaluating future court rulings and policy reforms related to defamation, digital rights, and state accountability in Indonesia. Thus, the decision not only redefines the boundaries of criminal defamation but also provides momentum for strengthening constitutional democracy through legal culture transformation, legislative harmonisation, and strategic judicial oversight.
The Dynamics of Social Justice within the Framework of Constitutional Law: Synergy of Agrarian Policy, Environmental Protection, Human Rights, and Bureaucratic Integrity in the Digital Era Si Yusuf Al Hafiz; Eko Tjahjono; Elmi Sasmitaningtyas; Gasper Doroh; Indra Rukmono
International Journal of Sustainable Law Vol. 3 No. 1 (2026)
Publisher : Universitas Kristen Cipta Wacana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71131/5hrjd543

Abstract

This article comprehensively examines the role of the state in realizing social justice through the harmonization of law and public policy in Indonesia. The main focus of this research is on agrarian policy, specifically examining the problems of absentee land ownership (guntai) which clashes with the social, economic, and bureaucratic realities of the State Civil Apparatus (ASN). Through a juridical-normative and comparative approach, this article explores the effectiveness of the Complete Systematic Land Registration (PTSL) program and a review of Islamic law (Maslahah Mursalah and Maqashid Syariah) in responding to agrarian inequality. The analysis is then expanded across themes by examining the negligence of bureaucratic governance following the abolition of the State Civil Apparatus Commission (KASN) ahead of the 2024 Regional Elections. As a conceptual bridge, this research also integrates the issue of protecting vulnerable groups within the framework of the Sexual Violence Crime Law (TPKS), as well as the ecological dilemma resulting from resource exploitation (nickel downstreaming and the implementation of PLTSa to reduce carbon emissions). This paper concludes that substantive justice can only be achieved if the state is able to eliminate discriminatory regulations, tighten bureaucratic oversight, prioritize human rights, and adopt precise technological integration (such as Artificial Intelligence in maritime governance and land registration).