Syafriadi, Syafriadi (2025) Press Responsibility and the Threat of Criminalization: A Study on the Role of Media in Digital Disputes. Journal of Law and Regulation Governance, 3 (10). pp. 501-516.

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Abstract

In the current era of digitalization, the journalism profession faces increasing risks of criminalization. Journalistic products disseminated through digital media are often deemed unlawful, especially for allegedly violating norms in the Electronic Transaction Information Law (UU ITE) and the Criminal Code (KUHP). Several cases show that journalistic disputes are not resolved through the right of reply mechanism, as required by Law Number 40 of 1999 concerning the Press—a lex specialis law—but are instead brought before the court. This contradicts the principle of press freedom as a constitutional function amid the rise of digital criminalization. Under the 1945 Constitution of the Republic of Indonesia and the Press Law, journalists are granted the right to exercise social control freely and responsibly. This research, titled Press Responsibility and the Threat of Criminalization: A Study on the Role of Media in Digital Disputes, analyzes the press’s social responsibility within its constitutional framework and examines digital criminalization resulting from overlapping norms between the Press Law and the ITE Law. Using a normative juridical approach that examines laws, legal doctrines, and case studies, the study finds that legal protection for press freedom remains weak in law enforcement practices. Therefore, regulatory harmonization is necessary by strengthening the Press Law and providing juridical education for law enforcement officials to ensure that the press can uphold its social responsibility without facing the threat of criminalization.

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