Indonesian constitutional rights: expressing and purposing opinions on the internet

Law Number 11 Year 2008 on Electronic Information and Transactions (EIT Law) is a law that is often the subject of debate for legal experts in Indonesia. Up to now, more than 20 court decisions that are related to the EIT Law, especially cases of humiliation and defamation involving internet users a...

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Bibliographic Details
Published in:The international journal of human rights 2021-10, Vol.25 (9), p.1395-1419
Main Authors: Aditya, Zaka Firma, Al-Fatih, Sholahuddin
Format: Article
Language:English
Subjects:
Citizen participation
Constitutional courts
Constitutional law
Constitutional rights
Court decisions
Criminalization
Defamation
EIT Law
freedom of expression
Human rights
Humiliation
information
Information technology
Internet
Judicial reviews
Law
Legislation
opinion
Privacy
Refusal
State court decisions
Transactions
Citations: Items that cite this one
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Summary:Law Number 11 Year 2008 on Electronic Information and Transactions (EIT Law) is a law that is often the subject of debate for legal experts in Indonesia. Up to now, more than 20 court decisions that are related to the EIT Law, especially cases of humiliation and defamation involving internet users as regulated in Article 27 paragraph (3) of the EIT Law. Moreover, the EIT Law has so far been nine times tested in the Constitutional Court. However, judicial review of the EIT Law is largely declared rejected, not accepted, and withdrawn. The reason of the Constitutional Court refusal is because Article 27 Paragraph (3) and Article 45 Paragraph (1) of the EIT Law is considered constitutional, as it is in accordance with democratic values, human rights, and the principle of state law. The EIT Law aims to protect people's privacy in using technology and information. In reality, the EIT Law becomes the most threatening law of criminalisation of the citizen, in which the rights of the community are informed and argued, threatened by allegations of humiliation and defamation. The most commonly armed articles are articles 27 and article 28 of the EIT Law.
ISSN:1364-2987
1744-053X
DOI:10.1080/13642987.2020.1826450