Pratiwi, Sherly Hasna (2026) Kebebasan Berpendapat Di Media Sosial Sebagai Hak Konstitusional: Tinjauan Normatif Atas Pembatasan dalam Undang-Undang Nomor 1 Tahun 2024 Tentang Informasi dan Transaksi Elektronik (ITE). Other thesis, Universitas Islam Riau.

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Abstract

This research examines freedom of expression on social media as a constitutional right of citizens guaranteed by the 1945 Constitution of the Republic of Indonesia, particularly Article 28E paragraph (3) and Article 28F. The rapid development of information technology has transformed social media into a new public sphere that enables individuals to express opinions, criticisms, and aspirations widely and instantaneously. However, the enactment of Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 on Electronic Information and Transactions (ITE Law) raises legal concerns, as several of its provisions potentially impose disproportionate restrictions on freedom of expression. This study aims to analyze the regulation of freedom of expression as a constitutional right under the 1945 Constitution and to examine the forms of protection and limitation of freedom of expression on social media as regulated by the 2024 ITE Law. This research employs a normative legal research method using statutory and conceptual approaches. The legal materials consist of primary, secondary, and tertiary sources, which are analyzed qualitatively and descriptively to assess the conformity of the ITE Law‘s restrictive norms with constitutional principles and human rights standards. The findings indicate that freedom of expression constitutes a fundamental constitutional right that must be protected by the state. Nevertheless, the limitation provisions contained in the ITE Law, particularly Articles 27A, 28 paragraph (2), and 29, remain ambiguous and susceptible to multiple interpretations, potentially violating the principles of legality and proportionality as stipulated in Article 28J paragraph (2) of the 1945 Constitution. In practice, the enforcement of these provisions often leads to the criminalization of legitimate expression and creates a chilling effect on digital public discourse. Therefore, a constitutional and human rights–based interpretation and application of the law are necessary to ensure that restrictions on freedom of expression do not result in violations of citizens‘ constitutional rights.

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