EIT Law at the Crossroads: Exploring Legal Dilemmas, Freedom of Expression, and Human Rights

Yagie Sagita Putra1, Pujiyono Pujiyono2, Nur Rochaeti3 & Zico Junius Fernando4

https://doi.org/10.62271/pjc.16.3.1315.1332

Abstract
The recent revision of Indonesia’s Electronic Information and Transaction Law (EIT Law) brought significant changes, particularly in Articles 27A and 27B, which address attacks on a person’s honor or reputation through allegations. While the revisions aim to balance human rights protection and law enforcement in the digital era, the public views them as a missed opportunity to eliminate vagueness and potential misuse. This research employs normative legal methods with statutory, conceptual, comparative, and futuristic approaches. Findings indicate that the ambiguous definitions and potential for multiple interpretations of Articles
27A and 27B negatively impact freedom of expression, creating fear and uncertainty among the public, journalists, and government critics. From a human rights perspective, these articles violate fundamental principles, particularly the internationally recognized freedom of expression. Aligning the law with human rights principles is crucial to protect freedom of expression without compromising individuals’ protection from defamation. Therefore, despite the revision reflecting efforts to address digital age challenges, further amendments are necessary to ensure the law meets law enforcement needs while safeguarding human rights and freedom of expression. Balancing individual protection and freedom of expression is crucial to prevent the law from suppressing critical voices and journalistic investigations, which are vital for a healthy democracy.

Keywords: EIT Law, Freedom of Expression, Human Rights, Legal Dilemma, Digital Regulation