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All Journal Golden Ratio of Law and Social Policy Review (GRLSPR)
Sulaiman, R Arif
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Law, Crime, Criminology & Criminal Justice

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Innovative Model to Strengthen Human Rights Protection in Indonesia’s 2026 National Criminal Code Sulaiman, R Arif; Pratama, Nabil Librian
Golden Ratio of Law and Social Policy Review Vol. 5 No. 2 (2026): January - June
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v5i2.2129

Abstract

This study analyzes the legal framework for the protection of human rights within the Indonesian legal system and its reinforcement in the 2026 National Criminal Code (KUHP). It employs a normative legal research design using a literature review method, integrating both statutory and contextual approaches to enhance methodological transparency and facilitate future replication. The research adopts a qualitative approach through library research. Data are derived from primary legal materials, including the 2026 National Criminal Code, human rights related legislation, and international human rights instruments, as well as secondary legal materials such as books and relevant academic journals. The sources are selected through purposive sampling based on academic relevance. Data are analyzed using a descriptive-qualitative approach by examining the relationship between criminal law norms and human rights principles, and by comparing them with legal doctrines and practices in several countries, drawing on the theoretical frameworks of human rights, legal protection, and criminal law policy. The findings indicate that strengthening human rights principles within the Criminal Code has the potential to enhance the effectiveness of a more just and humane criminal justice system. These findings also have important implications for future legal research and policy-making, particularly in improving the implementation of human rights standards and strengthening institutional accountability in Indonesia.
Reconstructing Criminal Liability Models for the Dissemination of False Information in the Indonesian Criminal Justice System : An Analysis of the ITE Law After the 2024 Amendment Pratama, Nabil Librian; Sulaiman, R Arif
Golden Ratio of Law and Social Policy Review Vol. 5 No. 2 (2026): January - June
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v5i2.2135

Abstract

This study analyzes and reconstructs the model of criminal liability for the dissemination of false information in the Indonesian criminal law system, particularly based on the provisions of the Electronic Information and Transactions Law after the 2024 amendment. Despite the increasing regulation of false information under the ITE Law, there remains a lack of clarity regarding the conceptual boundaries and application of criminal liability, as well as limited scholarly discussion on how such liability should be reconstructed to balance law enforcement and freedom of expression. This study addresses this research gap by offering a systematic reconstruction model. This study employs a normative legal approach using legislative and conceptual methods, analyzed descriptively and prescriptively through a structured literature review. The findings show that criminal liability for the dissemination of false information requires the fulfillment of the elements of criminal acts (actus reus) and fault (mens rea), which are reflected in the elements of “intentionally” and “without rights” in the ITE Law. However, in practice, there is still uncertainty regarding the definition of “false information,” the potential for multiple interpretations, and the risk of excessive criminalization that could conflict with freedom of expression. These issues indicate a gap between normative regulation and its practical implementation. Therefore, the reconstruction model emphasizes (1) clear and restrictive definitions of false information, (2) strict proof of intent, (3) application of proportionality in criminal sanctions, and (4) differentiation of roles between content creators, redistributors, and electronic system operators. This model places criminal law as the ultimum remedium to ensure legal certainty, justice, and effective protection of freedom of expression in the digital space.
Co-Authors Pratama, Nabil Librian