Institutional Repository UIN Sunan Kalijaga YogyakartaPERLINDUNGAN HAK KONSTITUSIONAL ATAS KEBEBASAN BEREKSPRESI MELALUI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 105/PUU-XXII/2024NIM.: 22103070107Danisa Rifky Aura PutriauthorFreedom of expression is a constitutional right guaranteed by Articles 28E and 28F of the 1945 Constitution of the Republic of Indonesia, yet in practice it frequently conflicts with the provisions of the Electronic Information and Transactions Law (ITE Law), particularly the multi-interpretable defamation articles. The ambiguity of the phrase "other persons" in Article 27A of the ITE Law opens a loophole for public institutions, local governments, corporations, and officials to criminalize citizens who voice criticism. Constitutional Court Decision Number 105/PUU-XXII/2024 provides a constitutional interpretation that limits the scope of that phrase to individual persons only. This study aims to analyze the protection afforded by that decision to the constitutional right to freedom of expression in Indonesia. This research is normative legal research of a descriptive-evaluative nature, employing a case approach and a statute approach. Data are drawn from primary legal materials, namely the 1945 Constitution, the ITE Law, and Constitutional Court Decision Number 105/PUU-XXII/2024, as well as secondary legal materials in the form of books, journals, and related research findings, which are analyzed normatively. The research results show that the decision strengthens the protection of freedom of expression by narrowing the meaning of "other persons" in Article 27A in conjunction with Article 45 paragraph (4) of the ITE Law so that it covers only individual persons. This decision is consistent with Article 19 of the ICCPR and the ITE Law. Viewed from the perspective of maqashid sharia, this decision aligns with hifz al-'aql (protection of the intellect) through the expansion of space for criticism of public institutions, and with hifz al-nafs (protection of the self/life) through the continued protection of individual victims, thereby achieving a balance between the public interest and individual interest.340.1 Perlindungan Hukum2026-08-03UIN SUNAN KALIJAGA YOGYAKARTA;FAKULTAS SYARI’AH DAN HUKUMThesis

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