Baharuddin Jusuf Habibie
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Restrictions on the Public's Right to Freedom of Expression from a Utilitarian Perspective Destiana Vani Candra; Devika Graciella Gunawan; Michelle Kurniawan; Joel Natanael; Kaniko Dyon Geraldi; Baharuddin Jusuf Habibie; Lawrentius Kennardy
Tarumanagara Law Review Vol. 8 No. I (2026): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v8iI.38966

Abstract

Indonesia, as a state based on the rule of law, positions law as an instrument to realize the values of justice, democracy, and the protection of citizens' rights. From a utilitarian perspective, a good law is one that can provide the greatest benefit and happiness for the greatest number of people. This article aims to analyze the utilitarian perspective and its application to the restriction of the right to freedom of expression within Indonesia’s legal framework. The findings indicate that the implementation of restrictions on freedom of expression in Indonesian legislation still requires further examination, as its enforcement remains uneven. From the utilitarian point of view, such restrictions should ideally provide benefits and happiness for society, while reflecting the values of justice and the public interest. However, in reality, this has not been fully achieved. Various forms of restriction remain disproportionate and tend to silence minority voices, thereby failing to deliver the benefits envisioned by utilitarian principles. Therefore, the restriction of freedom of expression within Indonesia’s legal system, from a utilitarian perspective, still requires greater attention in its implementation. This is crucial to ensure that its application truly provides the greatest possible benefit and happiness for all members of society, rather than serving the interests of particular groups.