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VOL. 11, ISSUE 10 (2025)
Criminal defamation and freedom of expression in Indonesia: A Legal and human rights analysis
Authors
Sofian Teojui Buololo, Anis Mashdurohatun, Bambang Tri Bawono, Ahmed kheir Osman
Abstract
The study critically examines Indonesia’s
defamation framework within the broader context of constitutional guarantees
and international human rights standards. The problem lies in the continued
reliance on colonial-era defamation laws originally designed to preserve
authority and suppress dissent that remain embedded in the Kitab
Undang-Undang Hukum Pidana (Criminal Code) and the Law on Electronic
Information and Transactions (ITE Law). These provisions, characterized by
vague and punitive language, often conflict with the right to freedom of
expression protected under Articles 28E and 28F of the 1945 Constitution and
Article 19 of the International Covenant on Civil and Political Rights. The
objective of the research is to assess whether Indonesia’s defamation laws
align with international human rights norms and to propose justice-based
reforms that balance the protection of reputation with the promotion of free
speech. The methodology employs a qualitative normative legal approach,
combining doctrinal analysis of statutory provisions and case law with a
comparative review of international instruments and regional human rights
jurisprudence. The findings reveal that Indonesia’s defamation laws remain
heavily influenced by colonial legal traditions, emphasizing control rather
than justice, and are increasingly misapplied to limit media freedom and civic
participation. The conclusion underscores that criminal defamation sanctions
are inconsistent with democratic values and human rights principles. Consequently,
the recommendations advocate for decriminalization of defamation, revision of
the ITE Law, alignment with ICCPR standards, judicial reinterpretation in line
with constitutional rights, and the establishment of safeguards for journalists
and public discourse. These measures would transform Indonesia’s defamation
framework into one that genuinely upholds freedom, dignity, and democratic
accountability.
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Pages:131-135
How to cite this article:
Sofian Teojui Buololo, Anis Mashdurohatun, Bambang Tri Bawono, Ahmed kheir Osman "Criminal defamation and freedom of expression in Indonesia: A Legal and human rights analysis". International Journal of Law, Vol 11, Issue 10, 2025, Pages 131-135
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