IMPLIKASI KONSTITUSIONAL PUTUSAN MK NOMOR 105/PUU-XXII/2024 TENTANG UNDANG-UNDANG INFORMASI DAN TRANSAKSI ELEKTRONIK

Abstract

The evolution of the digital space has raised issues of ambiguity in the Electronic Information and Transactions Law, which has the potential to restrict freedom of expression. This study analyzes the ratio decidendi and legal implications of Constitutional Court Decision No. 105/PUU-XXII/2024 using a normative legal methodology. The results show that the Court applied a limiting interpretation based on the principles of legality, necessity, and proportionality, ensuring that the norm remains constitutional as long as it is interpreted strictly. Consequently, law enforcement shifts toward a proportional and due process-based approach, while strengthening the protection of freedom of expression. This decision also serves as a constitutional benchmark for reformulating digital regulations that are more precise, accountable, and oriented toward the protection of human rights.