Limitations on Freedom of Speech in Indonesia
Eka Nugraha Putra · 2025
This chapter focuses on implementing the laws mentioned in Chapter 3 regarding defamation and hate speech limitations. As discussed in Chapter 3, these two limitations were chosen because they are the most common cases reported in Indonesia’s criminal legal system. The analysis in this chapter aims to identify any defining trend in the protection of freedom of expression and assess how Indonesian law complies with the international human rights standards mentioned in Chapter 2. The discussion in this chapter will include an analysis of several key judicial decisions on free speech violations, all processed under the current Criminal Code Act since the 2023 Criminal Code Act had not yet been implemented at the time of the writing. The analysis will also examine cases under the ITE Law, focusing on how criminal law principles are applied and whether these judicial decisions comply with the international human rights framework.