Abstract

This article examines the emergence of public concern regarding the alleged overcriminalization of defamation cases under Article 27 paragraphs (1) and (3) of Law No. 19 of 2016, which amended Law No. 11 of 2008 on Electronic Information and Transactions (ITE Law).

The issue arises primarily because several provisions of the ITE Law remain open to multiple interpretations, creating legal uncertainty and requiring more comprehensive statutory clarification. The study argues that law enforcement should place greater emphasis on the principle of legality rather than relying solely on traditional criminal law theories. Furthermore, the criminalization policy embodied in the ITE Law tends to prioritize criminal sanctions over other legal approaches.

This situation has raised concerns regarding the protection of freedom of expression, a fundamental constitutional right guaranteed under Article 28E of the 1945 Constitution of the Republic of Indonesia. As a result, questions continue to arise as to whether the current legal framework strikes an appropriate balance between protecting individual reputation and safeguarding constitutional freedoms.

This research employs a normative legal research methodology. The study applies three analytical approaches: the statutory approach (statute approach), the conceptual approach, and the case approach.