Power Contestation and the Limits of Freedom of Expression in the Mens Rea Controversy

Abstract

This study examines how Indonesian online media constructed the controversy surrounding the Mens Rea performance as an arena of power contestation and negotiation of freedom of expression. Employing a qualitative approach through Norman Fairclough’s Critical Discourse Analysis, six news articles published between 10–18 January 2026 from Kompas.com, Tempo.co, and CNN Indonesia were analyzed across textual, discursive practice, and socio-cultural dimensions. The findings reveal that the controversy was framed primarily within a legal horizon through dominant legal terminology, passive syntactic structures, and the privileging of institutional actors. At the discursive level, source selection and digital circulation reinforced the state’s position as the central authority of legitimacy. Socio-culturally, this construction reflects the hegemony of legal discourse within a mediatized democracy. The study argues that the limits of freedom of expression are not solely determined by formal regulation but are discursively produced through media practices.