DILEMA KEBEBASAN BERPENDAPAT: ANALISIS JAMINAN PERLINDUNGAN HUKUM DALAM UU ITE DI ERA DIGITAL

Dilemma Of Freedom Of Expression: Analysis Of Legal Protection Guarantees In The ITE Law In The Digital Era

Abstract

The development of the digital era has brought a major transformation for the fulfillment of human rights, particularly the right to freedom of opinion and expression. Freedom of opinion is a fundamental right guaranteed by the Indonesian Constitution. However, in the digital era, the implementation of this right often clashes with technical regulations, especially the Information and Electronic Transactions Law (ITE Law). The implementation of the ITE Law often triggers dilemmas and controversies in society due to articles that are considered open to multiple interpretations and vulnerable to being misused to criminalize legitimate criticism. This article aims to analyze how a balance between public order and human rights can be achieved within the framework of cyber law in Indonesia today. The research methodology used is normative juridical with a legislative and conceptual approach. Research results indicate that although the ITE Law was designed to create order in the digital space, several vague articles such as defamation and hate speech often create a chilling effect that hinders healthy public participation. Although the second revision of the ITE Law (Law 1/2024) has attempted to provide clearer boundaries, the challenges of fair law enforcement and the protection of human rights remain central issues in Indonesia's digital democracy