Batas Kriminalisasi Ekspresi Digital dalam Perlindungan Ideologi Pancasila: Perspektif Hukum Pidana dan Hak Asasi Manusia

Abstract

The protection of the ideological values of Pancasila in the era of digital disruption presents complex challenges in criminal law and human rights. The proliferation of radical ideologies, hate speech, and disinformation through digital media has the potential to undermine the integrity of the state ideology while simultaneously creating tensions with the guarantee of freedom of expression. This study employs a normative juridical approach, analyzing statutory regulations, legal doctrines, and the philosophical perspective of Pancasila law. The focus of the analysis is directed at the forms of ideological threats in the digital sphere and the limits of the legitimate use of criminal law in addressing them.The findings indicate that legal instruments such as the Law on Electronic Information and Transactions and the Criminal Code have provided a basis for the criminalization of radical content; however, their application is often disproportionate and risks leading to over-criminalization. Restrictions on digital expression are only justifiable when applied in a limited manner and grounded in a real threat to legally protected interests. This study affirms that criminal law must remain an ultimum remedium, supported by non-penal approaches such as digital literacy and ideological counter-narratives. An ideal legal system is one that maintains a balance between the protection of the state ideology and the respect for civil rights within the framework of a Pancasila-based rule of law.