Yogyakarta – The Chairman of the Indonesian Advocates Movement Council (DePA-RI) appreciated the Constitutional Court’s decision No. 145/PUU-XXIII/2025, which states that journalists cannot be immediately subjected to criminal or civil sanctions without first going through the mechanism regulated in Law No. 40 of 1999 concerning the Press.

“The Constitutional Court’s decision, read by the Chief Justice on January 19, 2026, must be implemented and obeyed, because so far many journalists have been criminalized in relation to their journalistic work and thrown into prison,” he said in Yogyakarta.

This statement was made by the Chairman of DePA-RI after the inauguration of the new PWI DIY board at the Kepatihan Complex, the center of the Yogyakarta Special Region government, where he was also inaugurated as a member of the PWI DIY Expert Council for the 2025-2030 period.

In addition to him, the Expert Council includes Prof. Dr. Muchlas; Prof. Dr. Sujito; Prof. Pardimin, Dr. Aciel Suyanto, Dr. Esti Susilarti, and Ahmad Subagya.

According to the Chairman of DePA-RI, the “legal protection” in the norm of Article 8 of the Press Law contradicts the 1945 Constitution and does not have binding legal force conditionally as long as it is not interpreted to “include the application of criminal and/or civil sanctions against journalists in carrying out their profession lawfully.”

Criminal or civil sanctions can only be used after the mechanisms of the right of reply, the right of correction, and allegations of violations of the journalistic code of ethics based on considerations and resolution efforts by the Press Council do not reach an agreement as part of the application of restorative justice.

He further stated that so far many journalists have been ensnared by the ITE Law or the old Criminal Code with accusations of defamation, slander, or attacking the honor of an official.

“With this Constitutional Court decision, a journalist with their journalistic work cannot be immediately sued civilly or criminally without first going through efforts for the right of reply, the right of correction, or the mechanisms within the Press Council as regulated in Law No. 40 of 1999 concerning the Press,” he said.

He also hoped for regulations concerning social media, because in fact the public, especially the younger generation, are more inclined to use social media than read mass media.

In fact, he continued, if in the past the press was considered “The Fourth Estate of Democracy” after the executive, judiciary and legislature, today social media is often considered “The Fifth Estate of Democracy.”

Regulation of social media is very important, because there must be a clear definition of journalistic work and non-journalistic work, and social media can influence public opinion by utilizing influencers, buzzers, and the like who can produce hoaxes and post-truth.

“The very rapid development of technology requires adequate regulatory tools, because we are now entering an era called the ‘rule of algorithm’,” he said, adding that Artificial Intelligence (AI) plays a very important role, and in the future there could even be Super AI.

Regarding AI, the Chairman of DePA-RI gave the following illustration: if in legal science, for example, what is called a legal subject is only a person or a company, then what about Artificial Intelligence (AI)? Is AI a legal subject or not?

Currently, according to him, AI is a legal subject, because AI can conduct transactions just by pressing the “agree” or “accept” button. This means that final, predictive, and binding agreements can be made with AI.

At the same time, transactions/sales and the like with AI almost never encounter default/breach of contract as mentioned in the contract concept in the Civil Code.

In the Civil Code there is what is known as “pacta sunt servanda”, where an agreement made by the parties is binding as law for the parties who made it, and with AI the agreement is made simply by pressing the “next” or “ok” button.

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Kepatihan Complex

The Kepatihan Complex is a historic administrative and cultural site in Surakarta (Solo), Central Java, Indonesia. It served as the official residence and office of the **Patih** (prime minister) of the Surakarta Sunanate, functioning as the central hub of the kingdom’s governance since the 18th century. Today, it remains a symbol of Javanese court bureaucracy and tradition, with parts of the complex still used for cultural ceremonies and administrative purposes.

Yogyakarta Special Region government

The Yogyakarta Special Region is a unique provincial-level administrative area in Indonesia, governed by a hereditary Sultan who also serves as its governor. This special status was formally recognized in 1950 in acknowledgment of the crucial role the Yogyakarta Sultanate played in the Indonesian National Revolution against Dutch colonial rule. Today, it remains a central hub of Javanese culture and tradition, with the Kraton (Sultan’s Palace) in Yogyakarta City as its cultural and political heart.

Constitutional Court

The Constitutional Court is South Korea’s highest judicial body for constitutional review, established in 1988 following the country’s transition to democracy. It is responsible for interpreting the Constitution, reviewing the constitutionality of laws, and adjudicating impeachment cases and disputes between state entities. Its creation marked a pivotal step in institutionalizing democratic principles and protecting fundamental rights after decades of authoritarian rule.

Law No. 40 of 1999 concerning the Press

“Law No. 40 of 1999 concerning the Press” is a landmark Indonesian legislation that replaced the restrictive press laws of the authoritarian New Order era. Enacted shortly after the fall of President Suharto, it guarantees freedom of the press, abolishes censorship and licensing, and establishes the independent Press Council to uphold journalistic ethics and resolve public complaints. This law is historically significant as a cornerstone of Indonesia’s democratic reform (*Reformasi*), fundamentally transforming the media landscape from state control to a free and responsible press.

1945 Constitution

The “1945 Constitution” refers to the foundational legal document of the Republic of Indonesia, which was drafted and ratified in August 1945 as the nation declared its independence from Dutch colonial rule. It established Indonesia as a unitary republic and has served as the supreme law of the land, though it has been suspended and amended at various points in the country’s history.

ITE Law

The “ITE Law” refers to Indonesia’s Electronic Information and Transactions Law (Undang-Undang ITE), enacted in 2008 and amended in 2016. It was created to regulate online activities, e-commerce, and digital transactions, but has become controversial for its articles on defamation and hate speech, which are often criticized for being used to criminalize criticism and limit free expression online.

Criminal Code

The “Criminal Code” is not a physical place or cultural site, but rather a legal document. It is a comprehensive statute that defines crimes, procedures, and punishments within a specific jurisdiction, such as a country or state. For example, the Criminal Code of Canada was first enacted in 1892, consolidating criminal law inherited from England and establishing a unified national legal framework.

Civil Code

The Civil Code is not a specific place or cultural site, but a comprehensive, systematic collection of laws that govern private legal matters such as contracts, property, family, and inheritance. The most historically influential example is the Napoleonic Code (French Civil Code of 1804), which replaced a patchwork of feudal laws and became a model for legal systems worldwide, emphasizing clarity, accessibility, and secular principles.