Protection of Freedom of Expression as a Human Right in the Framework of a Democratic State

Abstract

Recognition of freedom to express and express opinions is part of human rights. The Universal Declaration of Human Rights states that everyone has the right to freedom of expression without interference and to seek, receive, and impart information and ideas through various media regardless of restrictions. The criminal provisions of the ITE Law contain multi-interpretations so that it is very prone to be misused to limit freedom of thought and expression of opinion which results in the loss of participation and critical thinking of the community on government administration. This research aims to discuss in depth the freedom of speech as a form of human rights that must be protected, comprehensively examining legal policies on the right to freedom of speech in a just democracy. This type of research is normative juridical with a descriptive-analytical approach to discuss existing legal symptoms and problems and test them based on legislation and legal norms. The results of this study indicate that freedom of speech is a human right that must be protected because it is universal and inherent in every individual and it is an obligation for the state to guarantee and fulfill that right. Legal policy towards the right to freedom of speech in a democratic country with justice requires limits in expressing opinions regulated in law as a guarantee and protection of the rights of others. Legal policies carried out in the form of a Joint Decree of the Minister of Communication and Information Technology, Attorney General, and Chief of Police to avoid abuse of the rule of law that silences freedom of speech, socialization, and understanding of the ITE Law and increasing public awareness to wisely use social media.