The Limitation of Freedom of Expression by State as a Crime during Pandemic Covid-19 in Indonesia

Armiwulan, Hesti (2022) The Limitation of Freedom of Expression by State as a Crime during Pandemic Covid-19 in Indonesia. International Journal of Criminal Justice Sciences (IJCJS), 17 (2). pp. 101-113. ISSN 0973-5089

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Abstract

Freedom of expression (FE) is a pillar of a democratic society. Various democratic nations promote freedom of expression (FOE) to increase self-reliance and self-assurance among individuals by affording them diverse possibilities to share their thoughts. Hence, continual technological advancement has led to the use of various social media platforms to express one's ideas and opinions. Thus, during global crises, FOE is typically constrained in light of public interests. During the covid-19 epidemic, for instance, many governments implemented restrictions on FOE to avoid disseminating false information about covid-19, which could influence public views and lead to public uproar. Indonesia has similarly criminalized FOE. As a result, numerous human rights advocates and journalists have been assaulted for expressing their opinions in public, which may harm society. These laws are press and media constraints on freedom of expression. Thus, the Indonesian government rationalized these actions as national and regional laws violations. To justify restrictions on FOE, the Indonesian government highlighted common interests, such as public health and public order. The primary objective of this study was to legitimize the state's restrictions on freedom of expression as a criminal during the covid-19 pandemic in Indonesia. The present study employed a justificatory technique within the context of legal and normative regulations for this goal. According to the findings of this study, FOE was classified as a criminal offense during the covid-19 epidemic. In this manner, all FOEs in public and media spheres were criminalized, restricting the FOE. Thus, the present study suggests that Article 127 of the "Electronic Information and Transactions (EIT) Law" in Indonesia be repealed to encourage the treatment of FOE activities as "civil litigation.".

Item Type:	Article
Uncontrolled Keywords:	Freedom of Expression; Limitations; Crime; Covid-19 Pandemic; Indonesia; Media
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law > Department of Law
Depositing User:	Ester Sri W. 196039
Date Deposited:	02 Mar 2023 04:03
Last Modified:	02 Mar 2023 04:03
URI:	http://repository.ubaya.ac.id/id/eprint/43532

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