Disharmoni Pengaturan Hukum tentang Kebebasan Berekspresi dalam UU Pers dan UU ITE: Analisis Yuridis Putusan Mahkamah Agung Nomor 5940 K/Pid.Sus/2022

Ambarwati, Gisheila Paulonia (2026) Disharmoni Pengaturan Hukum tentang Kebebasan Berekspresi dalam UU Pers dan UU ITE: Analisis Yuridis Putusan Mahkamah Agung Nomor 5940 K/Pid.Sus/2022. S1 thesis, Universitas PGRI Madiun.

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Abstract

Freedom of expression is actually protected by international regulations, the UDHR and ICCPR, as well as national regulations, the 1945 Constitution of the Republic of Indonesia, the Human Rights Law, and two regulations, namely the Press Law and the ITE Law. This study aims to examine how freedom of expression is regulated in the Press Law and the ITE Law, how criminal provisions are applied in these cases, and the forms and implications of disharmony between these two regulations. The author uses a normative legal research method with a descriptive nature through legislative, conceptual, and case approaches. The type of secondary research uses primary, secondary, and tertiary data sources. The data collection technique uses literature studies and interpretive syllogism data analysis techniques. The results show that the workings of the Press Law and the ITE Law are in opposite directions. The Press Law prioritizes peaceful resolution through the right of reply and mediation by the Press Council, while the ITE Law tends towards criminal penalties. This difference opens up opportunities for journalists to be criminalized for their writing, as experienced by Muhammad Asrul in Supreme Court Decision Number 5940 K/Pid.Sus/2022. The panel of judges mistakenly equated violations of the code of ethics with criminal acts, incorrectly identified the responsible parties, and failed to consider the public interest in the news. This discrepancy violates citizens' constitutional rights and ignores the Press Law, which should be prioritized. The resulting issues have created fear among journalists and weakened the press's role as a social control mechanism. Appropriate recommendations include the government and the House of Representatives (DPR) needing to align press regulations with cyber regulations, law enforcement agencies not being rigid in their assessment of digital press disputes, and media companies and journalists needing to strengthen their administration and professional capabilities. Keywords: Disharmony, Press Law, ITE Law, Freedom of expression, Criminalization of journalists

Item Type:	Thesis/Skripsi/Tugas Akhir (S1)
Kata Kunci:	Kata kunci: Disharmoni, UU pers, UU ITE, Kebebasan berekspresi, Kriminalisasi wartawan Keywords: Disharmony, Press Law, ITE Law, Freedom of expression, Criminalization of journalists
Subjects:	K Law > K Law (General) K Law > KZ Law of Nations
Divisions:	Fakultas Hukum
Depositing User:	AMBARWATI PAULONIA GISHEILA
Date Deposited:	10 Aug 2026 02:33
Last Modified:	10 Aug 2026 02:33
URI:	http://eprint.unipma.ac.id/id/eprint/8798

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