Civil Society Outreach

Protecting Expression: Criminal and Human Rights Law Analysis of Court Judgements in Indonesia

June 01, 2023
Dian Rositawati
Jane Aileen Tedjaseputra
Muhammad Tanziel Aziezi
Raynov Tumorang Parmintori
Zainal Abidin

The 1998 Reformasi Era marked the beginning of fundamental changes in the constitutional system and the strengthening of democracy in Indonesia. One of these changes was the strengthening of the human rights protection system. Several regulations and policies were formulated, including the recognition and guarantee of human rights as constitutional rights through the second amendment to the 1945 Constitution. Freedom of expression in Indonesia continues to face challenges. Previous laws and regulations have not been amended to be in line with human rights principles, including those on defamation and various other stipulations in the Criminal Code which affect the enjoyment of the right to freedom of expression.

This research explores the various laws and regulations related to freedom of expression that are applied and interpreted by judges in concrete cases in Indonesia. Freedom of Protection also intends to offer interpretive constructs of relevant criminal articles that adhere to the principles and framework of human rights law.