Muhammad Zaidan Syafiqy Akhmad, Ridwan Arifin

Baiq Nuril Case and Discourse on Freedom of Expression

Introduction

Baiq nuril case and discourse on freedom of expression. Examine the Baiq Nuril case and Indonesia's ITE Law, analyzing freedom of expression, victim protection, and the victimology perspective in criminal law through a normative juridical study.

Abstract

Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE) was originally born as a legal product in response to the advancement of information and communication technology developments in the world which have significantly changed the pattern of people's lives in multi-sectors of human life. The purpose of the establishment of the ITE Law is to guarantee the rights of the community and maintain the stability of the internet flow from things that can damage it. However, in fact there are still many defects contained in the content of the a quo Law which is multi-interpretable and can be misused by certain parties. Baiq Nuril is an honorary teacher who was sexually harassed by his superiors, but was found guilty by the Supreme Court and charged with Article 27 paragraph (1) in conjunction with Article 45 paragraph (1) of the ITE Law. From the point of view of victim protection, victim protection also contributes to the realm of criminal law, especially regarding criminal matters and punishment for the creation of a law. Victimology is an applied science that makes criminal and criminal charges against perpetrators more equal and accountable. With the clarity of the position and role of the victim in the occurrence of a crime, it can be used as one of the considerations for judges as decision makers to decide the type and amount of criminal punishment that will be assigned to the perpetrator as victim protection. Through this simple article, the author will provide an explanation and understanding of the case experienced by Baiq Nuril in Indonesian criminal law in terms of victimology perspective through normative juridical research methods of library law research, as well as data collection through library research methods.

Review

This article promises a timely and critical examination of Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE), focusing on its multi-interpretable nature and potential for misuse, particularly through the lens of the high-profile Baiq Nuril case. The abstract effectively highlights the tension between the law's original intent to maintain internet stability and guarantee community rights, and its actual application which has led to injustices, notably against victims of sexual harassment. The paper's explicit aim to contribute to the discourse on freedom of expression and victim protection within Indonesian criminal law, using a specific and compelling case study, suggests a significant and relevant contribution to contemporary legal scholarship. The proposed methodology, normative juridical research based on library law research, is well-suited for a critical analysis of legal provisions and their application. The strength of this article lies in its engagement with a real-world case (Baiq Nuril) that starkly illustrates the defects within the UU ITE and the broader challenges in victim protection within the criminal justice system. By applying a victimology perspective, the paper intends to advocate for more equitable and accountable criminal charges and punishments, thereby reinforcing the crucial role of victim positioning in judicial decision-making. This approach has the potential to shed light on how legal frameworks, initially designed for one purpose, can be weaponized against vulnerable individuals. While the article clearly outlines its focus, a deeper engagement with the "discourse on freedom of expression," as highlighted in the title, would strengthen its impact. The abstract primarily focuses on the victimology aspect and the defects of the UU ITE in relation to victim protection, but could benefit from explicitly linking these issues more directly to the broader implications for freedom of expression in Indonesia. Furthermore, given the abstract's reference to this as a "simple article," the author might consider expanding on the specific policy recommendations or legal reforms that could emerge from their victimology-driven analysis to prevent similar injustices in the future, thereby maximizing the practical utility of the research.

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