Reconstruction of the Legal Standing of Victims of Digital Defamation Following Constitutional Court Decision No. 105/PUU-XXII/2024

An Equality Before the Law Perspective

Abstract

This article examines the limitation of legal subjects in online defamation offenses under the Electronic Information and Transactions Law after Constitutional Court Decision Number 105/PUU-XXII/2024 from the perspective of equality before the law. The issue arises from the broad interpretation of defamation provisions, which previously allowed institutions, government bodies, corporations, and certain groups to be treated as victims in online defamation cases. This interpretation created risks of criminal law misuse against public criticism and raised concerns over legal certainty, freedom of expression, and equal treatment before the law. This methods a normative juridical method with statutory, conceptual, and case approaches. The analysis focuses on Article 27 paragraph (3) of the previous ITE Law, Article 27A of Law Number 1 of 2024, and the Constitutional Court’s legal reasoning. The findings show that limiting the phrase “other person” to individuals strengthens legal certainty, prevents institutional overreach, protects citizens’ criticism, and promotes proportional law enforcement in a democratic digital sphere.