Freedom of Speech Without a Direction: Criticism of Promotion of Freedom of Speech in Indonesia

Abstract

Attempts to equate freedom of speech with other rights, such as freedom of expression or freedom of opinion, are wrong. Because these rights already have their respective territories, both in efforts to promote them and in terms of settling legal violations. However, in practice in Indonesia, this error still occurs, the indications are that there is still no law that specifically regulates freedom of speech. On that basis, this article wants to look at the factors that lead to a legal vacuum for freedom of speech, and solutions to overcome this vacuum. This article uses a normative juridical approach to inventory various legal products and practices for making decisions or policies regarding the promotion of freedom of speech after the 1998 Reform Era in Indonesia. In the end, this article finds that the legal vacuum in efforts to promote the right to freedom of speech is caused still there the tug-of-war between the importance of promoting human rights, and the ambiguity of the understanding of freedom of expression. Therefore, it is important to synchronize laws and regulations regarding the rights belonging to freedom of expression, and strengthen regulations on freedom of speech that specifically contain definitions, limitations, and ways of resolving violations of the law. Specifically strengthening regulations, is formed in the form of statutory regulations which are under the constitution, so that there is a detailed legal direction or umbrella for efforts to promote freedom of speech.