Abstract
One of the concepts upheld in human rights is freedom. Protection of it is guaranteed by Indonesian law which is formulated by norms. The constitution is the highest law that guarantees it. In fact, the existence of the ITE Law threatens freedom of expression from the substance of the regulations themselves. Phrases in it have the potential to ensnare individuals or groups that violate parameters applied. This paper discussed influence factors, potential impacts, and others. The assessment is carried out using a normative juridical method that brings together various theories for a comprehensive analysis. This study clarified overall that can be corrected in the future. The breadth of the terminology within has the potential to give a repressive legal reputation. The summary of the problem in this paper is how and to what extent the provisions in the ITE Law guarantee the protection of human rights, and to what extent the ITE Law actually violates human rights. Thus, this study provided new perspectives related to the protection of human rights in the ITE environment.
Highlights
Freedom is essential to human as a gift from God Almighty
In the KBBI (Indonesian Dictionary), the word freedom means a state of freedom or independence
Indonesia as a democratic country prioritizes ensuring the survival of the people in the Indonesian Constitution (Mutaqin, 2016)
Summary
Freedom is essential to human as a gift from God Almighty. The ‘freedom’ comes from the word ‘free’ which means to be free from, independent, and not bound. In practice, ITE Law has various contradictions in the community who assume it tends to be an undemocratic means of repression This is in line with the number of people who are ensnared by articles that categorize an expression of opinion as an insult or hate speech. The number of cases of insults and hate speech based on articles in the ITE Law shows that the government tends to be authoritarian and does not open up space for public opinion. This is very contradictory to what is mandated by the Constitution. This paper is expected to provide benefits to the process of applying the law related to freedom of expression in the future
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