Batas Pertanggungjawaban Pidana Insan Pers Pasca Putusan Mahkamah Konstitusi Nomor 145/PUU-XXIII/2025

This study examines the implications of Constitutional Court Decision Number 145/PUU-XXIII/2025 for the criminal liability of the press and formulates the boundaries of criminal liability for news reporting based on unverified digital information. This study employs normative legal research using statutory and conceptual approaches. Primary, secondary, and tertiary legal materials were collected through a literature review and subsequently analyzed descriptively to develop legal arguments concerning the issues under examination. The findings of the analysis were then examined using a deductive method to draw conclusions from the concrete legal issues under consideration. The results demonstrate that Constitutional Court Decision Number 145/PUU-XXIII/2025 strengthens the mechanism for resolving press disputes prior to the use of criminal law instruments; however, it has not yet established normative parameters governing the limits of criminal liability. This study formulates the boundaries of such liability through a tiered assessment. As long as a news report satisfies the parameters of legal protection afforded to the press, its resolution remains subject to the provisions of the Press Law. Conversely, where these parameters are not satisfied, the protection afforded under the Press Law ceases to apply, and the matter is assessed under the criminal law regime.