Harmonisasi Regulasi Digital Dengan Prinsip Kebebasan Berpendapat Dalam Negara Hukum Indonesia

ABSTRACT The development of digital technology has brought about major changes in the way people express their opinions in Indonesia. On the one hand, the digital world opens up new spaces for expression, participating in public discussions, and disseminating information widely. The government has also issued various regulations to regulate activities in the digital realm, one of which is the Electronic Information and Transaction Law (UU ITE). This research aims to examine how digital regulations can be aligned with freedom of speech in the context of the Indonesian rule of law. The method used in this research is the normative juridical method, with approaches based on laws, legal theories, and comparisons with other countries. The results of the analysis show that currently there is still an imbalance between the state's interest in regulating the digital world and the protection of citizens' rights to express opinions. To overcome this problem, there needs to be a harmonization step. Some of the ways that can be done include: clarifying the content of legal rules so that they are not multi- interpretive, ensuring that law enforcement is in favor of protecting human rights, and establishing independent oversight institutions to ensure that the implementation of digital regulations is carried out fairly and not repressive. These steps are important so that technological advances are not used as an excuse to limit the space for freedom of speech, which is an important part of democracy and the principle of neutrality. Keywords: Freedom of Speech, Rule of Law, Regulation, Human Rights.

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Publication Details

Journal
RIO LAW JURNAL
Published
2025-08-01
DOI
https://doi.org/10.36355/rlj.v6i2.1777
Primary Topic
Legal and Policy Analysis in Indonesia
Type
article
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article

Harmonisasi Regulasi Digital Dengan Prinsip Kebebasan Berpendapat Dalam Negara Hukum Indonesia

Sri Yuliana
RIO LAW JURNAL
Legal and Policy Analysis in Indonesia
article

Harmonisasi Regulasi Digital Dengan Prinsip Kebebasan Berpendapat Dalam Negara Hukum Indonesia

Sri Yuliana
article en

Abstract

ABSTRACT The development of digital technology has brought about major changes in the way people express their opinions in Indonesia. On the one hand, the digital world opens up new spaces for expression, participating in public discussions, and disseminating information widely. The government has also issued various regulations to regulate activities in the digital realm, one of which is the Electronic Information and Transaction Law (UU ITE). This research aims to examine how digital regulations can be aligned with freedom of speech in the context of the Indonesian rule of law. The method used in this research is the normative juridical method, with approaches based on laws, legal theories, and comparisons with other countries. The results of the analysis show that currently there is still an imbalance between the state's interest in regulating the digital world and the protection of citizens' rights to express opinions. To overcome this problem, there needs to be a harmonization step. Some of the ways that can be done include: clarifying the content of legal rules so that they are not multi- interpretive, ensuring that law enforcement is in favor of protecting human rights, and establishing independent oversight institutions to ensure that the implementation of digital regulations is carried out fairly and not repressive. These steps are important so that technological advances are not used as an excuse to limit the space for freedom of speech, which is an important part of democracy and the principle of neutrality. Keywords: Freedom of Speech, Rule of Law, Regulation, Human Rights.

RIO LAW JURNALVol. 6(2)
Universitas Tridinanti Palembang (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 67%
Legal and Policy Analysis in Indonesia
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