Landmark Ruling on Indonesia’s ITE Law: A Turning Point for Digital Freedom and Legal Accountability
By: IRPLawyers
In April 2025, Indonesia’s Constitutional Court issued a groundbreaking decision that redefines how the country’s controversial Electronic Information and Transactions Law (ITE Law) can be applied—particularly in cases involving defamation. The Court ruled that government institutions, public agencies, and corporations are no longer permitted to file criminal complaints for defamation under this law. Only individual persons who are directly harmed by the defamatory statement may do so.
This decision has been widely praised by civil society organizations and legal practitioners as a critical step toward protecting freedom of expression in the digital age.
Understanding the ITE Law and Its Challenges
The ITE Law (Law No. 11 of 2008), first introduced to regulate electronic transactions and online behavior, has become one of the most hotly debated laws in Indonesia. While it was created to combat cybercrime and ensure accountability in digital communication, it has frequently been used to silence dissenting voices, particularly journalists, activists, and ordinary citizens expressing opinions on social media.
Articles 27 and 28 of the ITE Law, which address defamation and the distribution of “false or misleading information,” have led to a wave of criminal prosecutions in recent years. The law’s vague language has raised serious concerns over its potential for abuse and its chilling effect on free speech.
Key Aspects of the Constitutional Court’s Ruling
In its April 2025 ruling, the Constitutional Court emphasized that the ITE Law must be interpreted in a way that protects constitutional rights, particularly the right to freedom of expression under Article 28E of the Indonesian Constitution. The Court clarified that:
- Only natural persons (not institutions or legal entities) can be considered victims of defamation under the ITE Law.
- State institutions and public officials must tolerate public criticism as part of a democratic society.
- The law must not be used to criminalize public oversight, opinion, or criticism, especially when directed at institutions that wield public power.
This interpretation significantly narrows the scope of who may file defamation complaints, which had previously included government officials, ministries, and large corporations—entities that often have far more power than the individuals they accused.
Broader Impact on Legal Practice and Civil Liberties
This ruling has several major implications:
- Greater Legal Clarity: Legal practitioners and law enforcement agencies now have a clearer framework to assess whether a defamation complaint is admissible under the ITE Law.
- Protection of Digital Rights: By curbing misuse of defamation provisions, the ruling helps protect journalists, activists, and citizens who use online platforms to raise public concerns.
- Institutional Accountability: Government bodies and corporations can no longer hide behind criminal law to shield themselves from public scrutiny.
- Legal Precedent: The ruling sets an important judicial precedent, which can influence the interpretation of other laws related to freedom of expression and civil liberties.
What Should Businesses and Legal Professionals Do Next?
For legal practitioners, the ruling is a reminder to advise clients—especially those in the public or corporate sectors—on the limits of legal recourse in defamation cases. Institutions must now turn to civil litigation if they believe their reputation has been harmed, rather than relying on criminal prosecution.
For businesses, this decision also highlights the importance of reputation management through transparent communication and public engagement rather than legal threats.
Final Thoughts
This moment marks a turning point in Indonesia’s ongoing effort to balance cybersecurity and civil liberties. While challenges remain, the Constitutional Court’s ruling sends a strong message: freedom of expression, particularly in the digital age, must not be sacrificed in the name of order and authority.
At IRPLawyers, we support legal reforms that foster a just, accountable, and open society. We are committed to helping clients navigate Indonesia’s evolving legal landscape with clarity and confidence.
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