JAKARTA, Legal Literacy — The Constitutional Court (MK) affirms that providing legal protection to journalists is a constitutional instrument to prevent criminalization of the press and realize substantive justice. In Decision Number 145/PUU-XXIII/2025, pronounced on Monday (19/1/2026), the MK interprets the phrase “legal protection” in Article 8 of Law Number 40 of 1999 concerning the Press (Press Law) as a norm that must place the mechanisms of the Press Law and the Press Council as the main forum before the use of criminal and civil instruments.

The legal considerations of the decision were read by Constitutional Justice M. Guntur Hamzah. This case was filed by the Legal Journalists Association (IWAKUM) through its General Chairperson Irfan Kamil and Secretary General Ponco Sulaksono, who questioned Article 8 of the Press Law and its explanation because it was considered ambiguous and could create uncertainty in the practice of journalist protection.

MK Highlights the Risk of Criminalization of the Press

The MK assesses that the use of prosecution instruments, both criminal and civil, against journalists who legitimately carry out journalistic functions has the potential to lead to criminalization of the press. This condition is understood as the use of legal processes that can silence criticism, limit the flow of information, or suppress freedom of expression.

The MK…