This study analyzes the legal prohibition for the government and corporations to file defamation lawsuits from the perspective of freedom of expression. This prohibition emerged through Constitutional Court Decision Number 38/PUUXXI/2025 which confirms that legal subjects who have the right to sue for defamation are only individuals, not state institutions or private legal entities. The legal basis used is Law Number 39 of 1999 concerning Human Rights, Law Number 40 of 1999 concerning the Press, and Law Number 11 of 2008 concerning Information and Electronic Transactions as last amended by Law Number 1 of 2024. The results of the analysis show that normatively, the Constitutional Court decision is in line with the constitutional principle of freedom of expression as guaranteed in Article 28E and Article 28F of the 1945 Constitution of the Republic of Indonesia, and strengthens legal protection against public criticism of state policies and corporate activities. However, in practice, there is potential for regulatory disharmony with civil law provisions regarding unlawful acts and criminal law regarding defamation, which still allow for multiple interpretations. Therefore, this ruling emphasizes the importance of balancing reputation protection with freedom of expression and serves as a catalyst for harmonizing national regulations regarding defamation.
Kadek Revansa Winastasia Dwi Putri (Tue,) studied this question.