LEGAL IMPLICATIONS OF DEFAMATION PROVISIONS IN INDONESIA’S ELECTRONIC INFORMATION AND TRANSACTIONS LAW: BETWEEN PROTECTION OF REPUTATION AND FREEDOM OF EXPRESSION
AUTHORS – HANS PAULUS MICHEL LEUNUPUN1, JUANRICO ALFAROMONA SUMAREZS TITAHELU2, REIMON SUPUSEPA3
1 1STUDENT OF POSTGRADUATE PROGRAM, DEPARTMENT MASTER OF LAW, PATTIMURA UNIVERSITY, AMBON, INDONESIA
2 PROFESSOR OF CRIMINAL LAW, DEPARTMENT MASTER OF LAW, PATTIMURA UNIVERSITY, AMBON, INDONESIA
3 LECTURER POSTGRADUATE PROGRAM, DEPARTMENT MASTER OF LAW, PATTIMURA UNIVERSITY, AMBON, INDONESIA
BEST CITATION – HANS PAULUS MICHEL LEUNUPUN, JUANRICO ALFAROMONA SUMAREZS TITAHELU, REIMON SUPUSEPA, LEGAL IMPLICATIONS OF DEFAMATION PROVISIONS IN INDONESIA’S ELECTRONIC INFORMATION AND TRANSACTIONS LAW: BETWEEN PROTECTION OF REPUTATION AND FREEDOM OF EXPRESSION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 682-690, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I973
Abstract
This article explores the legal implications of the criminal defamation provisions under Indonesia’s Electronic Information and Transactions Law (ITE Law), particularly in light of the tension between the protection of personal reputation and the constitutional guarantee of freedom of expression. Employing a doctrinal legal analysis, this study examines the normative structure of Article 27 paragraph (3) and its amendments, judicial interpretation by the Constitutional Court, and its compatibility with human rights principles. The research method used by the researcher in this study is normative legal research, with a legal approach and a conceptual approach. The findings indicate that the current legal framework remains prone to abuse and over-criminalization, risking the suppression of democratic discourse. The article recommends a more proportional regulatory approach that aligns with international human rights standards and constitutional values in Indonesia.
Keywords: Defamation, ITE Law, Legal Implications, Freedom of Expression, Protection of Reputation,