Normative Analysis Of Defamation Provisions In The Information And Electronic Transactions Law In The Perspective Of Legal Certainty
Year: 2025
Type: article
Abstract: Defamation through electronic media has become an increasingly complex issue amid the rapid development of information technology. Social media facilitates information dissemination but also opens opportunities for the misuse of freedom of expression that may harm others. Article 27A of Law Number 1 of 2024 on Electronic Information and Transactions (EIT Law) has sparked debate due to its ambiguous wording and potential misuse to suppress legitimate criticism. This research employs a normative juridical method by analyzing relevant legislation, legal doctrines, and court decisions. Secondary data were obtained through literature studies and qualitatively analyzed to assess the legal certainty and compatibility of Article 27A with human rights principles, particularly freedom of expression. The findings indicate that Article 27A of the EIT Law remains weak both in its drafting and implementation, especially regarding the phrase "another person," which creates ambiguity and may criminalize public criticism. Such provisions risk being used as a tool of criminalization, contradicting the principle of legal certainty and democratic values guaranteed by the 1945 Constitution. Therefore, a more precise interpretation and revision of Article 27A are necessary to ensure consistency with the principles of legality, legal certainty, and the protection of freedom of expression. .
Authors: Devi, Deny Guntara, Muhamad Abas, Arisa Wongchai
Institution: Universitas Buana Perjuangan Karawang
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4415178109
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