Journal of Innovative and Creativity
Vol. 5 No. 3 (2025)

Politik Hukum dalam Pengaturan Pencemaran Nama Baik di Era Digital: Analisis Putusan MK No. 105/PUU-XXII/2024

Hasanah, Nur Rizkiah (Unknown)
Hammamtio, Hammamtio (Unknown)
Mega, Irena Puspa (Unknown)



Article Info

Publish Date
27 Oct 2025

Abstract

Chapter in the Electronic Information and Transactions Law, particularly chapter 27A conjunction Chapter 45 paragraph (4) have been highlighted because they are considered open to multiple interpretations, repressive, and open up space for criminalization of freedom of expression, especially when criticism is directed at state institutions or public officials. This raises serious questions about whether the defamation article is in line with the principle of freedom of expression guaranteed by the 1945 Constitution. Defamation in Indonesian legal politics is a policy dynamic that seeks to harmonize the right to personal honor with the constitutional right to expression, so that through the Constitutional Court (MK) Decision No. In decision No. 105/PUU-XXII/2024, the Constitutional Court emphasized that the phrase "other people" in Chapter 27A of the Electronic Information and Transactions Law can only be interpreted as individuals or individuals, so that government agencies, institutions, corporations, or groups cannot be victims of defamation crimes. The Constitutional Court considers that protection of the reputation of public institutions or agencies cannot be equated with protection of individuals, because public institutions or agencies must be open to criticism as part of the social control mechanism in democracy.

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Journal Info

Abbrev

joecy

Publisher

Subject

Education Languange, Linguistic, Communication & Media Mathematics Social Sciences Other

Description

Journal of Innovative and Creatifity (JOECY) publishes research articles in the field of education which report empirical research on topics that are significant across educational contexts, in terms of design and findings. The topic could be in curriculum, teaching learning, evaluation, quality ...