The court declared it unconstitutional to prosecute individuals simply for criticizing government institutions, corporations, professions or public officials.

Human rights activists and legal scholars have welcomed the decision as a major step forward in human rights reform. But the question remains: does this ruling truly safeguard the digital rights of Indonesian citizens, or is it merely symbolic progress in a system still riddled with ambiguity?

The court’s ruling hinged on three key points, each targeting the vague and overly broad language found in Articles 27A, 45(4), 28(2) and 45A(2) of Law No.1/2024 which amended Law No.11/2008 on Electronic Information and Transactions (ITE) which are deemed to be contradictory to the 1945 Constitution.

First, the phrase “another person” (orang lain) was clarified to exclude corporations, government institutions, public officials and public figures. In plain terms: criticism of power is no longer criminal by default.

Second, the term “something accusatory” (suatu hal) was declared unconstitutional and void of legal force – unless interpreted strictly as referring to actions that genuinely degrade someone’s dignity or reputation.