Constitutional Implications Of Constitutional Court Decision Number 105/Puu-Xxii/2024 On The Authority To Report Defamation Under The Electronic Information And Transactions Law (Ite Law)

Abstract

This study examines the constitutional basis and implications of Constitutional Court Decision Number 105/PUU-XXII/2024 on the authority to report defamation under Article 27A of the ITE Law. Using normative legal research with statute, conceptual and case approaches, the study finds that the Constitutional Court restrictively interpreted the phrase "other people" as referring solely to natural persons, thereby revoking state institutions' legal standing as complainants. Consequently, the decision strengthens checks and balances, prevents the criminalization of public criticism and affirms freedom of expression as guaranteed under Article 28E(3) and Article 28F of the 1945 Constitution.