LEGAL REVIEW OF HARIS AZHAR AND FATIA MAULIDIYANTI ON DEFAMATION CHARGES FROM THE PERSPECTIVE OF THE RIGHT TO ACADEMIC FREEDOM

Non-derogable rights are inherent rights in every human being and should not be reduced or revoked, including the right to freedom of opinion which has been regulated in Article 28E of the 1945 Constitution of the Republic of Indonesia. Everyone has the right to voice their opinions and criticisms of the government or someone who is carrying out their position, in a way that does not deviate from the applicable legal norms. In addition, the right to academic freedom is also owned by the academic community in voicing opinions or criticisms of the government in order to support science and is based on research so that it has a reference or basis in its application and has been regulated in Article 9 paragraph (1) of Law No. 12 of 2012 concerning Higher Education. Haris Azhar and Fatia Maulidiyanti are activists and academics who have criticized Luhut Binsar Pandjaitan with the nickname "Lord" on Haris Azhar's YouTube channel, Luhut Binsar Pandjaitan and then brought this matter to the legal realm under the pretext of defamation. This paper uses normative juridical analysis research methods with a conceptual approach, a legislative approach, and a case approach. The results of this study are that Haris Azhar and Fatia Maulidiyanti were declared legally and guilty according to the law, national and international legal instruments are fundamental in the right to freedom of opinion and academic freedom and the urgency of the role and interpretation of law enforcement officials is needed as the ultimate in law enforcement.