The book discusses the practice of freedom of speech and its limitations in Indonesia. Focusing on defamation and hate speech, the book examines free speech in historical and legal contexts in Indonesia and aims to demonstrate that the numerous cases of restrictions on freedom of speech indicate the decline of Indonesian democracy. This book presents the legal framework of free speech by comparing and analyzing articles on defamation and hate speech offenses from the Wetboek van Strafrecht (the Dutch East Indies Criminal Code) and the 2023 Criminal Code, as well as the Electronic Information and Transactions Law (ITE Law). These laws, as applied weakly by the courts, strengthen the restriction on freedom of speech (at 79). The justification of free speech in the public interest is rarely considered because the trial process is conducted in response to public or victim anger (at 113), including, for example, the Haris Azhar and Fatia Maulidiyanti v. Republic of Indonesia case, a landmark case in protecting free speech against authority. The book concludes by stating that problems with both the laws and court decisions on defamation and hate speech demonstrate that these provisions are used to protect the interests of wealthy and powerful groups. This poses a major challenge to protecting free speech and democracy in Indonesia (at 146).

The book presents novelties by discussing the latest developments in Indonesian criminal law. When the author, Putra, wrote this book, the House of Representatives issued the new Criminal Code of 2023 and the second amendment to the ITE Law of 2024. As a researcher on digital information policy, Putra captures this as a challenge to preserving free speech and democracy, especially under the Joko Widodo and Prabowo administrations, where free speech protection has become less of a priority.

The book states that it is a “marketplace of ideas” open to criticism (at 8), beginning with a discussion of the history of free speech in Indonesia from the colonial era to the reform era. It is interesting to note the decline in democracy in the reform era. The ITE Law, issued in 2008, had a chilling effect and contributed to overcriminalization (at 20). Unfortunately, the book does not discuss the explanations for this. Therefore, I believe it is important to discuss the social and cultural values in Indonesian society, which are heavily influenced by Javanese values, especially during the authoritarian “New Order” era (1966–98). The relationship between authority and the people is conceived as father and son. Therefore, when expressing criticism in public, especially against authority, respect must be shown to the higher-ranking person. This social and cultural overview is crucial to complement the historical overview and is important for explaining the widespread use of defamation and hate speech laws to suppress criticism of authority.

Ultimately, this book is a must-read for advocates of free speech, especially those interested in Indonesian studies. It provides a comprehensive overview of the use of criminal law for political gain and the challenges of maintaining democracy in a post-authoritarian country.