The Role of the Constitutional Court in Protecting the Right to Free Speech in Indonesia and South Korea

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Ferika Nurfransiska


The aims of this study is to find out the role of the constitutional court in protecting the right to free speech in indonesia and south korea. This study use qualitative research method. The result of this study shows that freedom of expression is a fundamental right that must be protected by the state. In this case, South Korea and Indonesia each regulate the right to freedom of expression as a constitutional right in the constitutions of their respective countries. The task of safeguarding and protecting constitutional rights belongs to the Constitutional Court as the Guardian of the Constitution.


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Nurfransiska, F., & Budiarsih. (2024). The Role of the Constitutional Court in Protecting the Right to Free Speech in Indonesia and South Korea. SIASAT, 9(2), 66-71.


The terms "freedom of speech" and "freedom of expression" are sometimes used synonymously. But “freedom of expression” includes any act of seeking, receiving, and giving information. See Article 19 of the Universal Declaration of Human Rights (UDHR) and Article 19 of the International Covenant on Civil and Political Rights (ICCPR).
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Ginsburg and Huq explain that there are two models of democratic decay: “authoritarian inversion,” the rapid and almost complete collapse of democratic institutions, and “constitutional decline,” the more subtle decline of democracy. See Aziz Z. Huq and Tom Ginsburg. “How to Lose a Constitutional Democracy,” UCLA Law Review 65 no. 1. 2018.
This situation occurs not only in transitional democracies but also in stable democratic countries. Examples of countries that have gone through a period of democratic transition and have recently experienced a decline in the quality of democracy, such as Turkey, Poland and Russia. In fact, countries that have stable democracies are experiencing democratic instability, such as in the United States after the 2016 presidential election. See Tom Ginsburg and Aziz Z. Huq democracy.
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Provisions regarding defamation can be found in Articles 310, 311, 315, 317, 318, and 320 of the Criminal Code, and Article 27 of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions.
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