Potensi Chilling Effect dalam Delik Penghinaan Presiden di Era Digital: Sebuah Tinjauan Literatur Sistematis

Abstract

The re-enactment of the presidential insult offense in Indonesia's new Criminal Code (Law No. 1 of 2023) has ignited a fierce debate regarding its impact on freedom of expression, particularly in the digital era. This study aims to identify, evaluate, and synthesize existing academic literature to analyze the potential chilling effect of Articles 218 and 219 of the new Criminal Code on public participation in the digital sphere. This research employs the Systematic Literature Review (SLR) method, adhering to the PRISMA protocol. A literature search was conducted across prominent academic databases using strict inclusion and exclusion criteria to ensure the relevance and quality of the reviewed studies. Thematic analysis of the selected literature reveals several key themes: (1) the normative ambiguity between 'insult' and 'criticism' as a primary source of legal uncertainty; (2) the role of digital media in amplifying the perceived legal risks for citizens; and (3) the ongoing debate on the effectiveness of its reclassification as a complaint-based offense in mitigating the chilling effect, given the asymmetrical power relations. In conclusion, despite its modification into a complaint-based offense, the consensus in the academic literature suggests that the presidential insult article retains a strong potential to create a chilling effect, which could ultimately stifle healthy democratic discourse in Indonesia.