Hak atas Kebebasan Berpendapat di Era Digital antara Perlindungan Hak Asasi Manusia (HAM) dan Pembatasan Hukum

Abstract

The right to freedom of expression is a human right guaranteed by the constitution and international instruments. However, the development of digital technology presents new challenges in the implementation of this right, particularly related to the rapid and widespread dissemination of information. The background to this research is the increasing use of social media as a new public space, which often creates conflicts between freedom of expression and legal regulations. The purpose of this research is to analyze the balance between human rights protection and legal restrictions in the practice of freedom of expression in the digital era. This research is expected to contribute academically to the development of legal science and provide practical input for policymakers. The research method used is a juridical-normative approach, analyzing legislation, legal cases, and field practices. The discussion reveals that although freedom of expression is a fundamental right, the state remains obligated to restrict expression that has the potential to violate the rights of others, cause public unrest, or threaten national security. The analysis shows that balance can be achieved through clear, proportional regulations and respect for democratic principles. In conclusion, rights protection must go hand in hand with law enforcement. Recommendations are made for the need to revise adaptive digital regulations and improve public legal and digital literacy.