KEPASTIAN HUKUM DI INDONESIA TERKAIT PERLINDUNGAN DAN PEMBATASAN KEBEBASAN BERPENDAPAT PADA DUNIA MAYA (CYBERSPACE)

Abstract

The development of information and communication technology has brought cyberspace to be
more relevant in the media for delivering opinions. In this case, the constitution mandates the
government to play a role in protecting, upholding, and guaranteeing human rights, one of which
is freedom of opinion. The research was conducted using a normative juridical method with a
statutory approach, tracing primary and secondary legal sources in the form of legislation, journal
articles, and jurisprudence. Legislation not only guarantees freedom of expression as a human
right, but also provides limitations so that freedom of expression is not used to violate the rights of
others. Article 28E paragraph (3), 28F, and 28I paragraph (1) of the 1945 Constitution of the
Republic of Indonesia provide guarantees, while Article 28J paragraph (1) also provides
limitations. Furthermore, this limitation is given in the law which regulates the expression of
opinion in public, human rights, the press, as well as information and electronic transactions. That
technological developments not only bring convenience in expressing opinions, but also cause
problems due to the emergence of new actions and forms of expression that have never existed
before. Therefore, this study aims to find gaps, shortcomings, and the need for regulations
regarding guarantees and restrictions on freedom of expression in cyberspace in the corridor of
human rights.