Journal of Law, Poliitic and Humanities
Vol. 6 No. 4 (2026): (JLPH) Journal of Law, Politic and Humanities

The Abuse of Freedom of Speech in the Digital Era: Social Media in the Perspective of Constitutional Law

Ridwan Syaidi Tarigan (Universitas Pertiba)
Antonius Felix (Universitas Bunda Mulia)



Article Info

Publish Date
17 May 2026

Abstract

Freedom of expression in digital spaces confronts increasingly complex constitutional challenges as social media becomes the dominant arena of contemporary public discourse. This study examines the abuse of expressive freedom on social media through a constitutional law framework, integrating normative-doctrinal analysis with multistakeholder empirical inquiry. The primary theoretical contribution lies in the construction of a constitutionally grounded analytical framework that evaluates digital speech regulation against the principles of lex certa, proportionality, and legal certainty as mandated by the 1945 Indonesian Constitution. The study engaged 25 purposively selected respondents across four strategic groups social media users, law enforcement officials, legal practitioners, and constitutional law academics to ensure normative depth alongside implementation insight. Findings reveal a constitutionally significant gap between the expressive freedom guarantees under Article 28E and the operational realities of ITE Law enforcement. The statute demonstrably produces structural chilling effects that suppress constitutionally protected expression, violates the proportionality standard embedded in Article 28J, and fails the lex certa threshold due to its high degree of normative ambiguity. This study argues that meaningful digital regulatory reform demands not merely technical revision but a paradigmatic reorientation that repositions freedom of expression as a primary constitutional value rather than a residual concession. A hybrid governance model integrating regulatory oversight with community-based moderation mechanisms, anchored within a coherent constitutional framework, is proposed as a principled and sustainable solution.

Copyrights © 2026






Journal Info

Abbrev

JLPH

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Law, Poliitic and Humanities is a research journal in Law, Humanities and Politics published since 2020 by the Dinasti Research. This journal aims to disseminate research results to academics, practitioners, students, and other parties who are interested in the fields of Law, Humanities ...