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Abstract
ABS-250
The Fundamental Rights To Freedom Of Expression, And Its Limits In The Indonesian Constitution
Muhammad Ikram Nur Fuady, Tri Suhendra Arbani, Nurfaika Ishak, Muhammad Yaasiin Raya, Ade Darmawan Basri
Corresponding Author: Muhammad Ikram Nur Fuady


Question & Answer to the Presentation

Question from Ms. Vidya Prahassacitta
2020.11.18 14:53:56

Does distribution of fake news against or violating the freedom of expression?
Since, International human rights documents does not stipulate that fake news as
violations of freedom of expression.
Replies:

Reply from Mr. Muhammad Ikram Nur Fuady
2020.11.18 15:16:01

Yes, indeed. When the fake news spreads, public opinion will not be controlled, and
people will lose faith in the government. You can imagine if that happened, there
would be chaos everywhere. It is following the Law on Telecommunication and
Electronic Information in Indonesia.


Question from Ms. Ainunnisa Rezky Asokawati
2020.11.18 14:38:51

Thank you for the presentation. I^d like to know about the
relation of none written law in Indonesia and your opinion
about freedom of expression. Do you think we should as open
as Europe or other countries that truly open to this right? What
about our culture and other unwritten law in Indonesia? Do you
think that as restrictions of this right? Thank you for your
answer
Replies:

Reply from Mr. Muhammad Ikram Nur Fuady
2020.11.18 15:36:08

thank you for the question given
in international conventions and as a country that has ratified the convention.
We actually have to apply the principle of openness in freedom of expression,
but there are clear limitations that must be used as a standard of value.
as a multicultural country. maintaining attitude and politeness is far more
important than freedom of expression. Unlimited freedom of expression will in
fact have a negative impact on the value of mutual respect, politeness and
tolerance.

in the International Covenant on Civil and Political Rights.
Adopted by the General Assembly of the United
Nations on 19 December 1966
it is clear about the limits on freedom of expression and when they should be
applied. There are at least 5 important points that can be limited, namely to
protect public safety, order, health, or morals or the basic rights and freedoms of
others

These five limitation values &#8203-&#8203-then in the Indonesian context, based on article 28
J, the limitation of a person^s rights must be contained in law, not in other forms
of regulation.


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