Constitutional Rights to Freedom of Expression in Indonesia: Analysis of Law No. 9/1998

Abstract

The constitutional right to freedom of expression in public is a fundamental aspect of democracy and human rights. In Indonesia, this right is enshrined in the 1945 Constitution and further regulated by Law No. 9/1998 on Freedom of Expression in Public. However, its implementation often faces challenges, including excessive restrictions, potential violations, and conflicts with public order and national security. This study aims to analyze the legal provisions of Law No. 9/1998, evaluate its implementation, and assess its alignment with universal human rights principles. Employing a normative legal research approach, this study examines legal norms, doctrines, and relevant court decisions. Findings reveal that while Law No. 9/1998 provides legal guarantees for freedom of expression, its implementation is hindered by ambiguous interpretations, inconsistent enforcement, and socio-political factors. Recommendations include revising ambiguous regulations, enhancing law enforcement training, and increasing public legal literacy to ensure a balance between individual freedoms and public interests within a democratic legal framework.