ANALISIS PUTUSAN MAHKAMAH AGUNG NOMOR 5940 K/PID.SUS/2022 TENTANG PENCEMARAN NAMA BAIK DITINJAU DARI PRINSIP KEMERDEKAAN PERS

This study examines Supreme Court Decision Number 5940 K/Pid.Sus/2022 concerning defamation. The background of this research arises from the existence of legal overlap caused by the application of criminal law to journalistic works. The issues examined include the problematic aspects of judicial reasoning in Supreme Court Decision Number 5940 K/Pid.Sus/2022 concerning defamation, as well as the implications of the decision on the principle of press freedom. This study aims to identify and analyze the problems in the judges’ legal reasoning in the decision, as well as to examine its implications for the principle of press freedom. The research method employed is normative legal research using primary, secondary, and tertiary legal materials obtained through literature study and analyzed qualitatively through legal interpretation methods. The results of the research and discussion indicate that there are issues in the judges’ reasoning, including the assessment that the defendant’s actions fulfilled the elements of criminal defamation, the disregard for the presumption of innocence, the failure to consider the right of reply, and the application of Article 27 paragraph (3) of the ITE Law. Based on these findings, it can be concluded that there is an overlap between the application of criminal law and press law mechanisms in assessing journalistic works, as well as implications for the principle of press freedom both juridically and non-juridically. Therefore, it is recommended that law enforcers, particularly judges, take into account press dispute resolution mechanisms when assessing cases related to journalistic works, and that clearer limitations be established in the application of defamation provisions to avoid hindering press freedom.