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All Journal Jurnal Al-Dustur Constitutional Law Review
MAJID, PIPIT SOMEFOTORONO
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Arts Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Constitutional Implications of Constitutional Court Decision No. 105/PUU-XXII/2024 on Freedom of Expression and Defamation in Indonesia Majid, Pipit Somefotorono; Sari Angraeni, Besse
Constitutional Law Review Vol. 4 No.2 (2025)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/clr.v4i2.5951

Abstract

This study examines the constitutional implications of the Constitutional Court Decision No. 105/PUU-XXII/2024 on Indonesia’s digital criminal law system and the urgency of harmonizing the Electronic Information and Transactions Law (UU ITE) with the new Criminal Code (KUHP). The research employs a normative (doctrinal) legal methodology with statutory, case, and conceptual approaches, analyzing positive legal norms, judicial decisions, academic literature, and reports from digital rights monitoring organizations. The analysis focuses on the Court’s interpretation of the term “other person” in Articles 27A and 45 of the UU ITE and the material offense principle in the dissemination of false information (“hoaxes”) under Article 28 of the UU ITE. Findings reveal that the Court restricts the defamation offense to natural persons and requires tangible harm for hoax-related liability, thereby reinforcing the principles of legality, proportionality, and legal certainty. The study underscores the necessity of harmonizing the UU ITE with the new KUHP and other criminal regulations to prevent arbitrary criminalization of public expression and safeguard constitutionally protected freedom of expression. The scholarly contribution lies in formulating a framework for digital criminal law that balances individual reputation protection with freedom of expression while providing an analytical perspective on constitutional interpretation mechanisms in addressing the challenges of digital regulation.
THE INSTRUMENTS OF INFORMATION DISPUTE RESOLUTION IN INDONESIA Azis, Imron Rizki; Amin Daud, Aidir; Muhtaram, Ahmad; Majid, Pipit Somefotorono
Jurnal Al-Dustur Vol 9 No 1 (2026): JUNE
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v9i1.10449

Abstract

The term 'public information disclosure' began to receive attention in 2008, following the enactment of the Public Information Disclosure Law, which mandated the establishment of the Information Commission. This institution is expected to guarantee citizens’ rights to access information, including the resolution of information-related disputes. This study investigated the implementation and effectiveness of the existing regulations, with particular emphasis on the role and function of the Information Commission in resolving public information disputes in Indonesia. In addition, the research explored the distribution of judicial authority between the Information Commission and the judiciary. The findings revealed that the existence of the Information Commission has not yet fully ensured effective public information disclosure. Many disputes resolved by the Commission are further escalated to the courts, including to the Supreme Court at the cassation level. This process often causes delays for information requesters and is exacerbated by the non-compliance of certain public bodies with the Commission’s decisions. The study also examined the institutional status of both the Central and Regional Information Commissions. The establishment of regional commissions was found to lack independence, as their formation and status are not structurally integrated with the Central Commission. This research is significant as it centers on the resolution of information disputes and provides a comparative analysis of public information disclosure practices in Indonesia and in other countries such as Sweden, Canada, and Japan.
Co-Authors Amin Daud, Aidir Azis, Imron Rizki Muhtaram, Ahmad Sari Angraeni, Besse