Iddo Noor Ramadhan – 031811133240

I. Protecting Freedom of Speech

Before answering on why the freedom of speech should be protected by law firstly, we must know the
meaning of “freedom of speech” itself. In a short explanation, freedom of speech may have sense with
the right to express information, ideas, and opinions free of government restrictions based on content
and subject only to reasonable limitations (as the power of the government to avoid a clear and present
danger) especially as guaranteed by the applicable or certain law that regulate such thing.

Freedom of speech is what allows for debate and what, along with freedom of the press, allows for the
transfer of information, and is also the most powerful right for affecting social and political change.
Indonesia as a State that highly respect “democracy” should protecting freedom of speech, because
Freedom of speech lies at the core of democracy.

Further explanation may interpret freedom of speech as the right to seek, receive and impart
information and ideas of all kinds, by any means.' Freedom of speech and the right to freedom of
expression applies to ideas of all kinds including those that may be deeply offensive for some or most
people, within the responsibilities from an individual or group that carry it. Below I will mention and
explain three reasons on why the freedom of speech and why it is very important in order to strengthen
on answering why freedom of speech should be protected by the law.

 Freedom of expression is a human right and forms the Article 19 of the Universal Declaration of
Human Rights. Freedom of expression covers freedom of speech, freedom of the press, and
gives individuals and communities the right to articulate their opinions without fearing the
retaliation, censorship or punishment. Freedom of expression is not an absolute right, because it
does not protect hate speech or incitement to violence.
 Local and national reporters, bloggers and news outlets can keep people informed about what is
happening in the world around them. Freedom of expression is the legal underpinning which
allows people to access information about current events and matters of public interest whether
from large media companies, local newspapers or from each other through citizen journalism
and social media. When freedom of expression is respected and recognised the media are able
to freely report on politics, economics and societal events as they occur.
 From academic study to political satire to fine art, freedom of expression underpins the right to
analytical, critical and artistic engagement with the world around us. Being able to think freely,
discuss and debate ideas and points of view is integral to academic study from the arts to the
sciences. To develop ideas which help us better understand our past, present and future it’s
essential that individuals, groups and institutions can put forward opinions, concepts and
theories without fear of repercussions. Additionally, it also can bring a prosperity to the people.

Free speech creates an environment for people to freely discuss their ideas and develop them with the
input of others. Without it, our country would almost undoubtedly be without the freedom we treasure
so much. When a totalitarian ruler is trying to take power, one of the first things they limit is their
freedom of speech. This goes to show that freedom of speech is the cornerstone of our entire
governmental system.
Significantly, free speech is a free speech if the presentation of opinions is respectful and nonviolent. If
not, such as heckling a speaker because of opposing political views then it doesn’t constitute free
speech, because disrespecting the speaker means denying the right of free speech. Correspondingly,
violence to state a point is not free speech, because not only denying the free speech of whom the
violence is against, but it suggests a mind-set that only your opinion is right, and people who disagree
should be pounce on.

II. Freedom of Speech in Indonesia

In recent time, the President of Indonesia had called upon Indonesia’s military and police leadership to
“improve supervision to ensure that the implementation of the Electronic Information and Transactions
(ITE) Law can be in compliance with the principle of accountability and provide the public sense of
justice”.

There is a basic freedom of speech regulation in Indonesia and it is cited in the article 28 E (3) of the
UUD 1945 which stated that “Everyone has the right to freedom of association, assembly and
expression”. Additionally, article 28 F is also stated that “Everyone has the right to communicate and
obtain information to develop their personal and social environment, and the right to seek, obtain, own,
store, process and convey information using all available channels”. Furthermore, article 23 (2) gave the
freedom of expressing speech freely, but with the concept of religion, morality, order, public interest,
and the integrity of the state. Whereas a person also must understand the importance of respecting
other people rights and the applicable law, in which had been detailed in the article 28 J (2).

There are also some actions that classified as offense towards the law, which are:

 Blasphemy (Article 310 (1) of the Criminal Code)

 Blasphemy by letter (Article 310 (2) of the Criminal Code)
 Slander (Article 311 of the Criminal Code)
 Minor insults (Article 315 of KUHP)
 False complaints or slander complaints (Article 317 of KUHP)
 Slanderous acts (Article 318 of the Criminal Code)