JAKARTA, Legal Literacy — The Constitutional Court (MK) rejected the request for a material review of Article 8 and the Elucidation of Article 12 of Law Number 40 of 1999 concerning the Press. In Decision Number 196/PUU-XXIII/2025 which was read out on Monday (19/1/2026), the Constitutional Court emphasized that columnists and/or freelance contributors still receive legal protection, both through the Press Law as long as they meet the criteria of a “journalist”, and through a number of other laws outside the Press Law.

Deputy Chief Justice of the Constitutional Court, Saldi Isra, stated that columnists and/or freelance contributors who fulfill the intent of Article 8 of the Press Law, namely carrying out journalistic activities regularly, being bound by the journalistic code of ethics, and being affiliated with a legal entity press company and carrying out their obligations legally, can obtain legal protection based on the provisions of the Press Law.

“Such regulation is not a form of discrimination or differential treatment before the law as argued by the Applicant,” said Saldi Isra in the decision pronouncement hearing in the Plenary Session Room of the Constitutional Court, Jakarta.

MK: Not Included in Article 8 Does Not Mean Without Protection

The Constitutional Court considers that the applicant's argument that places Article 8 of the Press Law as the only door to legal protection is not appropriate. According to the Constitutional Court, even if columnists and/or freelance contributors do not meet the criteria of journalists as intended by the Press Law, this does not mean that they lose legal protection in exercising their constitutional rights.

In considering the decision, the Constitutional Court stated that protection of the right to legal certainty, freedom of expression, and security remains available through a number of other regulations, including:

  • Law Number 9 of 1998 concerning Freedom of Expression in Public,
  • Law Number 39 of 1999 concerning Human Rights,
  • Law Number 1 of 2023 concerning the Criminal Code (KUHP).

According to the Constitutional Court, this reference ensures that the exercise of constitutional rights relating to legal certainty, freedom of expression and self-protection continues to receive legal protection.