REGULASI DIGITAL PERSKPEKTIF HAM TERHADAP KONFLIK KEBEBASAN BEREKSPRESI DI ERA DIGITAL

Abstract

This study discusses the impact of the Law on the Use of Electronic Transaction Information (UU ITE) and Criminal Punishment on freedom of expression from the perspective of human rights (HAM). Freedom of expression is a basic right guaranteed in the Indonesian Constitution, as stipulated in Article 28E of the 1945 Constitution and Human Rights Law No. 39 of 1999. However, Article 27(3) of the ITE Law often causes controversy because it is considered open to various interpretations and can be a "defamation clause" that can unduly restrict freedom of expression. Likewise, Article 14 and Article 15 of the Criminal Code are related to "False news" which disproportionately limits freedom of expression. The author in the research process uses a normative method approach, to review relevant literature to analyze the challenges and impacts of the implementation of the ITE Law. Thus finding that certain provisions in the Criminal Regulations and the ITE Law, especially those related to defamation, and false news, are often abused to silence criticism of the government, which has an impact on the sense of social trauma in society. Of course, this is contrary to the principle of a constitutional state, which aims to protect freedom of expression and human rights.