Leges Privatae
Vol. 1 No. 3 (2024): OCTOBER-JOY

The Urgency Of Press FreedomRelated To Conflict Of Norms Viewed From The Perspective Of Dignified Justice

Jonianto Silalahi (Universitas 17 Agustus 1945 Surabaya)
Teguh Prasetyo (Universitas 17 Agustus 1945 Surabaya)
Budiarsih (Universitas 17 Agustus 1945 Surabaya)
Tomy Michael (Universitas 17 Agustus 1945 Surabaya)



Article Info

Publish Date
09 Oct 2024

Abstract

The Unitary State of the Republic of Indonesia (NKRI) as a legal state based on the Almighty God has an obligation to protect the rights of its citizens, including press freedom. Press freedom, as the fourth pillar of democracy, is guaranteed by the 1945 Constitution and Law of the Republic of Indonesia Number 40 of 1999 on the Press, which guarantees the right to obtain and disseminate information. However, recent laws such as Law No. 19 of 2016 on Electronic Information and Transactions (ITE Law) and its revision in Law No. 1 of 2024, along with provisions in the Criminal Code, pose potential norm conflicts with press freedom. Articles in the ITE Law are often used to curb press freedom, contrary to the Press Law which provides legal protection for journalistic activities. This research uses a normative legal method to analyze the conflict of norms between the ITE Law, the Criminal Code, and the Press Law. Through this approach, the research examines how legal principles such as Lex Superior Derogat Legi Inferiori and Lex Specialis Derogat Legi Generalis can be applied to resolve conflicts and ensure effective protection of press freedom within the Indonesian legal framework

Copyrights © 2024






Journal Info

Abbrev

JOY

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

This journal publishes original articles on current issues and international trends in the field of civil law, notary public, business law. The purpose of publishing this Journal is to provide a space to publish critical thinking on original research results, as well as conceptual ideas from ...