Normative Analysis Of Defamation Provisions In The Information And Electronic Transactions Law In The Perspective Of Legal Certainty

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. .

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Journal
Pena Justisia Media Komunikasi dan Kajian Hukum
Published
2025-10-12
DOI
https://doi.org/10.31941/pj.v24i2.6305
Primary Topic
Law, AI, and Intellectual Property
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article
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article

Normative Analysis Of Defamation Provisions In The Information And Electronic Transactions Law In The Perspective Of Legal Certainty

Deny Guntara, Devi Devi, Muhamad Abas, Arisa Wongchai
Pena Justisia Media Komunikasi dan Kajian Hukum
Law, AI, and Intellectual Property
article

Normative Analysis Of Defamation Provisions In The Information And Electronic Transactions Law In The Perspective Of Legal Certainty

Deny Guntara, Devi Devi, Muhamad Abas, Arisa Wongchai
article en

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. .

Pena Justisia Media Komunikasi dan Kajian HukumVol. 24(2)
Mercu Buana University (ID), Institute for Sustainable Development (ET)
Openalex Percentile: Top 85%
Law, AI, and Intellectual Property
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Normative Analysis Of Defamation Provisions In The Information And Electronic Transactions Law In The Perspective Of Legal Certainty — Deny Guntara, Devi Devi, et al. · Pena Justisia Media Komunikasi dan Kajian Hukum (2025) | TGRS Research Map | TGRS