Legal Certainty in Applying Article 27(3) ITE Law on Defamation Cases

Abstract

This study examines the application of Article 27(3) of the ITE Law in Indonesia, focusing on its compatibility with the principle of legal certainty and its implications for freedom of expression. The rapid expansion of digital communication has intensified public discourse but also increased the risk of criminalizing online expression. This study addresses three main issues: the extent to which Article 27(3) reflects legal certainty, how interpretative and enforcement practices affect constitutional rights, and what reforms are required to align the provision with democratic principles. The research adopts a normative legal approach with qualitative analysis, utilizing statutory, conceptual, and comparative methods based on legislation, legal doctrine, and court decisions. The findings reveal that the provision lacks precise definitions of defamation elements, leading to broad interpretation, inconsistent enforcement, and a shift toward repressive use against public criticism. These conditions generate legal uncertainty and a chilling effect on expression. The study concludes that Article 27(3) fails to meet the standards of lex certa and undermines the principle of legality. It recommends comprehensive legal reform through normative clarification, judicial standardization, procedural filtering, and partial decriminalization to ensure proportionality and protect constitutional rights in the digital era.