Defamation and Insult Via Digital Media in Indonesia: The Islamic Law and Human Rights Perspective

Abstract

Purpose: In this research, normatively and practically, insults and defamation tested the standard limits of freedom of speech as a form of freedom of expression. Theoretical framework: Each individual has an obligation to exercise their human rights and to recognize and protect the human rights of others. No entity, whether it be the government, groups, or individuals, has the authorization to infringe on the rights of others. Method: The research method used in this research was normative juridical research that refers to the norms and principles of law regulating criminal acts of insult and or defamation via digital media. Conclusions: In principle, the regulation of criminal acts of insult and or defamation via digital media is based on human rights. However, the regulation in the Indonesian Criminal Code and Law Number 11 of 2008 on Electronic Information and Transactions may not be an appropriate for controlling information containing insults and/or defamation in information technology. In Islamic law, respect for human beings is a fundamental right and universal freedom is an integral part of Islam. Research Implications: In the context of a democracy, freedom of expression is a right, the use of which can be restricted by the state. Insults and defamation through speech and expression can harm an individual's reputation, which is considered one of their fundamental rights that demands protection and respect. Originality/value: Human dignity has a high position in the core values of Islam. It is because Islam does not allow for the degradation of an individual's dignity through insult or defamation.