Constitutionale
Vol 7 No 2 (2026)

Reinterpreting Restrictive Phrases in the ITE Law on Freedom of Expression: A Study of Constitutional Court Decision No. 105/PUU-XXII/2024

Anded Robensyah (Universitas Islam Sumatera Barat)
Sahida Safuan (International Islamic University Malaysia)
Susmita Susmita (Universitas Islam Sumatera Barat)
Umaira Zahara (Universitas Islam Sumatera Barat)



Article Info

Publish Date
05 Nov 2026

Abstract

This study analyzes Constitutional Court Decision No. 105/PUU-XXII/2024 concerning the judicial review of the ITE Law sought by environmental activist Daniel Frits Maurits Tangkilisan, who faced criminalization after expressing his views on social media as part of the #SaveKarimunjawa campaign against the expansion of illegal shrimp farms that caused environmental damage. Using a normative juridical approach, the study examines Law No. 1 of 2024, the second amendment to the ITE Law, and the Constitutional Court's decision. The findings show that the Court narrowed the interpretation of criminal provisions to prevent overly broad enforcement. It clarified that "other persons" refers exclusively to individuals, "something" means an act that damages a person's honour or reputation, and punishable hate speech requires deliberate incitement to identity-based hatred presenting a real risk of harm. These interpretations align with the principles of the Rabat Plan of Action and help balance the protection of individual dignity with freedom of expression in the digital sphere.

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Journal Info

Abbrev

constitutionale

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The Constitutionale Journal is a scientific journal which is the dissemination of constitution and the constitutional law universally. The Constitutional Journal publishes articles that consist of research or conceptual studies regarding the study of basic rights in state’s constitution, election ...