Reconstructing the Limits of Freedom of Expression in Combating Hoaxes: A Forensic Analysis of the Implementation of the ITE Law in Indonesia

Abstract

Freedom of expression is a fundamental right guaranteed in a democratic system, but in practice it often clashes with the state's need to combat the spread of hoaxes in the digital space. In Indonesia, the implementation of the Electronic Information and Transactions Law (UU ITE) is the primary instrument for law enforcement against the spread of false information, but at the same time, it has sparked debate about the limits of freedom of expression. This study aims to reconstruct the limits of freedom of expression in the context of eradicating hoaxes through a forensic analysis of the implementation of the ITE Law in Indonesia. The research method used is normative legal research with a legislative approach, a conceptual approach, and a case approach, supported by a forensic analysis of several court decisions and law enforcement practices related to electronic information crimes. The results show that the implementation of the ITE Law still faces issues of multiple interpretations of norms, inconsistent law enforcement, and a tendency to use certain articles that have the potential to excessively limit citizens' freedom of expression. On the other hand, combating hoaxes still requires effective legal instruments to maintain public order and protect the public from the impact of disinformation. Therefore, the reconstruction of the boundaries of freedom of expression needs to be guided by the principles of legality, proportionality, legal certainty, and human rights protection, so that law enforcement against hoaxes does not become a means of repression against public criticism and opinion. This study recommends reformulating the norms in the ITE Law, more measurable law enforcement guidelines, and strengthening digital literacy as a sustainable, non-penal approach.