Updating Cyberspace Regulation and Upholding Freedom of Expression: A Difficult Yet Necessary Balance

By Travis Waluyo, Naila Amatullah, Elizabeth Calista

ABSTRACT

Many parties, including President Jokowi and the Deputy Chairman of Parliament, have called for reform towards the Indonesian Law No. 11 Year 2008 on the Electronic Information and Transactions and its subsequent 2016 amendment. The law’s controversy mainly revolves around two issues, namely the criminalization of defamation and hate speech under overly-broad provisions in Article 27(3) and 28(2), and second, problematic governmental censorship powers under Article 40(2b). This study aims to use a normative legal approach to conclude whether or not these issues violate the right to freedom of expression legally afforded by both the Indonesian Constitution and Law No. 39/1999 regarding Human Rights as well as contribute recommendations where appropriate. The study finds that Indonesia’s civic space is shrinking as a result of the EIT law’s overly broad provisions; Indonesia’s government must seek to more concretely define the criminalization and censorship aforementioned in order to create a fairly and justly regulated democratic space which ensures freedom of expression.

KEYWORDS

Cyberspace Regulation; Freedom of Expression; Electronic Information and Transaction Law, 1945 Indonesian Constitution, Human Rights Law

Recommend0 recommendationsPublished in Cyber Law, Cyberspace, HAM

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