Legal Protection for News Sources Charged Under Article 27 of the ITE Law

Abstract

This study analyzes the legal protection of media sources charged under Article 27 of the Electronic Information and Transactions Law (ITE Law) from the perspective of the Press Law, focusing on Decision Number 226/Pid.Sus/2025/PT BDG in conjunction with Number 7/Pid.B/2025/PN Kwg. There is a tension between the general ITE Law and the Press Law as the specific governing law in press-related enforcement, particularly following Constitutional Court Decision Number 145/PUU-XXIII/2025, which mandates that disputes over journalistic works be resolved through the mechanisms of the right of reply, the right of correction, and the Press Council first. Using a normative juridical approach that examines jurisprudence and a cooperation agreement between the Press Council and the National Police, this study finds that sources who provide statements in journalistic activities are protected under the Press Law and cannot be directly prosecuted under the ITE Law. This underscores the need for legal certainty for press personnel and sources facing criminalization risks in the digital space.