LIMITATION OF THE RIGHT TO FREEDOM OF SPEECH ON THE INDONESIAN CONSTITUTIONAL COURT CONSIDERATION

Titis  Anindyajati

doi:10.33331/ilj.v14i1.45

Titis Anindyajati The Indonesian Constitutional Court

DOI: https://doi.org/10.33331/ilj.v14i1.45

Keywords: Constitutional Court, freedom of speech limitation, public order, Constitutional Rights

Abstract

Nowadays, everyone tends to use the right to freedom of speech without limitation, such as emergences of hate speech expression on various social media platforms. However, such expression is regulated by Article 28, paragraph (2) of the ITE Law and deemed to be contrary to public order. On the other hand, this law was considered by some people as a criminalization towards the right to freedom of speech. This paradox becomes a big issue that never ceases to be discussed. That is why Constitutional Court had conducted judicial review on some norms related to freedom of speech. This study aims to analyze the Constitutional Court decision towards the polarity of the right to freedom of speech and the public order. This study uses normative research with the statutory, analytical and comparative approach. Therefore, the results show the importance of limitation in implementing the freedom of speech to protect the constitutional right of society as stated in the 1945 Constitution. Despite the already decided judicial review by the Court, there is still an urgency to revise The ITE law in order to clarify certain rules related to hate speech in social media.

Author Biography

Titis Anindyajati, The Indonesian Constitutional Court

Titis Anindyajati, S.E., S.H., M.H. graduated from formal education: Bachelor of Economics (2007), Bachelor of Law (2018), Magister in Business Law (2010); non-formal education: Training of Research Assessors (2008), Functional Researcher Advanced Training Level at the Indonesian Institute of Sciences/LIPI (2018), Procuria Judicial Training Programmed for Legal Officers- Constitutional Court of Indonesia at De Haagse Hogeschool, Netherlands (2019). Currently, she is working as a researcher for The Deputy Chairman at the Indonesian Constitutional Court. Articles: Legal Policy of Region Enlargements According to The 1945 Constitution: An Analysis to MK Decisions (2013); The Constitutionality of Criminal Sanction Norms as Ultimum Remedium in the Making of Laws (2015); Legal Politics On the Role of the Constitutional Court In Protecting The Existence Of The Adat Law Society In Indonesia (2017); Implication of Constitutional Court Decision Number 85/PUU XIV/2016 on Tender Conspiracy (2018).