BATASAN KEBEBASAN BERPENDAPAT DALAM DEMOKRASI DIGITAL PERSPEKTIF HUKUM INDONESIA

Abstract

The rapid development of information and communication technology has expanded the digital public sphere, creating wider opportunities for individuals to express their opinions while raising legal challenges regarding the regulation of online expression. This study examines the legal boundaries of freedom of expression within Indonesia’s digital democracy from the perspective of national law. The research employs a normative legal method using statutory and conceptual approaches, with qualitative-prescriptive analysis based on legal interpretation and juridical reasoning. The primary legal materials include the 1945 Constitution of the Republic of Indonesia, Law Number 12 of 2005 concerning the Ratification of the International Covenant on Civil and Political Rights (ICCPR), Law Number 11 of 2008 on Electronic Information and Transactions as amended by Law Number 1 of 2024, and Constitutional Court Decision Number 105/PUU-XXII/2024. The findings indicate that freedom of expression is constitutionally guaranteed but is not absolute, as it may be restricted based on legality, proportionality, legitimate purpose, and respect for human rights. Furthermore, Article 27A of the ITE Law and Constitutional Court Decision Number 105/PUU-XXII/2024 strengthen the balance between protecting individual reputation and safeguarding freedom of expression in Indonesia’s digital democracy.