KETIDAKPASTIAN HUKUM DALAM PENERAPAN PASAL 27 UU ITE TERHADAP PERLINDUNGAN KORBAN KEKERASAN DIGITAL: LN EMERGING NORMS ERA

Abstract

This study examines the legal uncertainty in the application of Article 27 of the Electronic Information and Transactions Law (UU ITE) to the protection of victims of digital violence in Indonesia, as well as the role of emerging norms in strengthening such protection. The method used was qualitative research with a desk study approach to examine various literature, laws and regulations, and previous studies. The results show that the multiple interpretations of Article 27 of the ITE Law, particularly regarding the phrases "content that violates morality" and "defamation," create legal uncertainty that often harms victims, even in some cases leading to criminalization. On the other hand, the application of emerging norms such as the right to digital privacy, protection against online gender-based violence, and the involvement of digital platforms and public literacy can provide a basis for more responsive and equitable regulatory reforms. Therefore, legal reform and regulatory harmonization are needed to ensure more effective and consistent protection for victims of digital violence.