Criminal Law Consequences of Freedom of Expression on Social Media According to Law Number 1 of 2024 Concerning the Second Amendment to Law Number 11 of 2008 Concerning Electronic Information and Transactions

In the digital era, the freedom of expression granted to individuals through social media has the potential to be misused, such as by spreading information that is unlawful or harmful to others. In this context, it is important to analyze the legal regulations governing freedom of expression in digital spaces, with a focus on the 1945 Constitution of the Republic of Indonesia, Law Number 11 of 2008 on Electronic Information and Transactions (ITE Law), the latest amendment in Law Number 1 of 2024, and Article 23 paragraph (2) of Law Number 39 of 1999 on Human Rights. This study aims to understand how the boundaries of freedom of expression can be applied in digital spaces in accordance with existing legislation and to identify appropriate solutions for regulating expression on social media and cyberspace. This research uses a normative approach through literature and document studies, analyzed using descriptive qualitative methods. The findings indicate that although freedom of expression is guaranteed, restrictions must be implemented to maintain public order and to respect the rights of others, particularly in the context of social media and cybercrime. Implications for society, understanding freedom of speech on social media which must be carried out responsibly is crucial and law enforcement officers must be able to interpret the articles in the ITE Law fairly and proportionally.

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Publication Details

Journal
Journal of Correctional Issues
Published
2025-06-24
DOI
https://doi.org/10.52472/jci.v8i1.536
Primary Topic
Legal and Social Justice Studies
Type
article
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article

Criminal Law Consequences of Freedom of Expression on Social Media According to Law Number 1 of 2024 Concerning the Second Amendment to Law Number 11 of 2008 Concerning Electronic Information and Transactions

Arief Wisnu Wardhana, Fariz Elfaiz, Saiuddin Zahri, Harmonis Sastro
Journal of Correctional Issues
Legal and Social Justice Studies
article

Criminal Law Consequences of Freedom of Expression on Social Media According to Law Number 1 of 2024 Concerning the Second Amendment to Law Number 11 of 2008 Concerning Electronic Information and Transactions

Arief Wisnu Wardhana, Fariz Elfaiz, Saiuddin Zahri, Harmonis Sastro
article en

Abstract

In the digital era, the freedom of expression granted to individuals through social media has the potential to be misused, such as by spreading information that is unlawful or harmful to others. In this context, it is important to analyze the legal regulations governing freedom of expression in digital spaces, with a focus on the 1945 Constitution of the Republic of Indonesia, Law Number 11 of 2008 on Electronic Information and Transactions (ITE Law), the latest amendment in Law Number 1 of 2024, and Article 23 paragraph (2) of Law Number 39 of 1999 on Human Rights. This study aims to understand how the boundaries of freedom of expression can be applied in digital spaces in accordance with existing legislation and to identify appropriate solutions for regulating expression on social media and cyberspace. This research uses a normative approach through literature and document studies, analyzed using descriptive qualitative methods. The findings indicate that although freedom of expression is guaranteed, restrictions must be implemented to maintain public order and to respect the rights of others, particularly in the context of social media and cybercrime. Implications for society, understanding freedom of speech on social media which must be carried out responsibly is crucial and law enforcement officers must be able to interpret the articles in the ITE Law fairly and proportionally.

Journal of Correctional IssuesVol. 8(1)
Universitas Muhammadiyah Palembang (ID)
Openalex Percentile: Top 76%
Legal and Social Justice Studies
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Criminal Law Consequences of Freedom of Expression on Social Media According to Law Number 1 of 2024 Concerning the Second Amendment to Law Number 11 of 2008 Concerning Electronic Information and Transactions — Arief Wisnu Wardhana, Fariz Elfaiz, et al. · Journal of Correctional Issues (2025) | TGRS Research Map | TGRS