LEGAL AMBIGUITY IN THE INDONESIAN PRESS LAW TO ACCOMMODATE HOMELESS MEDIA IN THE DIGITAL ERA

The development of digital technology has significantly impacted the existence of media as a democratic forum. Constitutionally, Indonesian law under the 1945 Constitution of the Republic of Indonesia legitimizes freedom of opinion and expression. Supported by modern digital platforms this constitutional foundation has given rise to new non-institutional actors in the media sphere, commonly referred to as homeless media. Legal issues emerge because homeless media have not yet been clearly regulated, particularly within the framework of the Press Law. Although homeless media operated by citizen journalists essentially engage in journalistic activities as defined by the Press Law, they remain unrecognized under its provisions. Instead, homeless media are predominantly subject to the ITE Law, which creates potential risks of criminalization. This study addresses two main questions: first, how does legal ambiguity concerning homeless media arise within the framework of the Indonesian Press Law? Second, how can press regulation be reformulated to accommodate the existence of homeless media and ensure legal certainty? Employing a normative juridical method with statutory, conceptual, and comparative approaches, the study finds that the Press Law continues to emphasize institutional and subject-based actors, leaving homeless media without clear legal protection. Drawing upon progressive legal theory and comparative perspectives from the European Union and the United States, the study demonstrates that homeless media can be recognized through a functional approach, focusing on activities rather than institutional form. Reformulation through clear and extensive interpretation of the Press Law is therefore necessary to provide legal legitimacy for homeless media in Indonesia