Diponegoro Law Review
Vol 11, No 1 (2026): Diponegoro Law Review April 2026

MEDIA BLACKOUT IN INDONESIAN CRIMINAL JUSTICE SYSTEM: HOW SHOULD IT BE FORMULATED?

Peter Jeremiah Setiawan (Faculty of Law, Universitas Surabaya)
Elfina Lebrine Sahetapy (Faculty of Law, Universitas Surabaya)
Bhanu Prakash Nunna (School of Liberal Arts & Sciences, RV University)



Article Info

Publish Date
30 Apr 2026

Abstract

Indonesia’s criminal justice system recognizes closed court hearings, yet it lacks a media blackout mechanism capable of restricting the dissemination of case information beyond the courtroom. This normative gap weakens the protective purpose of closed proceedings because victims’ identities, evidentiary materials, and sensitive information may still circulate through journalistic and non-journalistic media. This article examines how a media blackout should be formulated within Indonesia’s criminal justice system. Using a doctrinal method, the study analyzes legislation, legal doctrine, human rights principles, victimology, and comparative practices from the United Kingdom, Canada, and Australia. The analysis finds that a media blackout should be treated as an exceptional restriction on freedom of expression, access to information, press freedom, and the right to a fair and open trial. Its application should therefore be limited to three fundamental grounds: protection of national security and confidential state information; protection of victims, particularly children and victims of sexual violence; and protection of law-enforcement or criminal-justice interests. The blackout may take the form of temporary or permanent restrictions on publication concerning subjects or proceedings. To prevent arbitrariness, its implementation should require prior judicial authorization and provide an objection mechanism through pretrial proceedings. Courts should apply necessity and proportionality tests to determine whether no reasonable alternative can prevent serious harm and whether the protective benefits outweigh the adverse impact on individual rights, press freedom, open justice, and effective criminal adjudication.

Copyrights © 2026






Journal Info

Abbrev

dlr

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Diponegoro Law Review (Diponegoro Law Rev. - DILREV) is a peer-reviewed journal published by Faculty of Law, Diponegoro University. DILREV published two times a year in April and October. This journal provides immediate open access to its content on the principle that making research freely ...