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All Journal Masalah-Masalah Hukum Veritas et Justitia Journal of Asian Social Sciences Research
Herlambang P. Wiratraman, Herlambang P.
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Education Law, Crime, Criminology & Criminal Justice Social Sciences

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ARTISTIC FREEDOM AND LEGAL BOUNDARIES: NAVIGATING CENSORSHIP AND EXPRESSION IN INDONESIA’S DEMOCRATIC FRAMEWORK Wiratraman, Herlambang P.
Masalah-Masalah Hukum Vol 54, No 1 (2025): MASALAH-MASALAH HUKUM
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/mmh.54.1.2025.102-114

Abstract

Art has increasingly become a target for political agendas, often subjected to legal restrictions that limit freedom of expression. This phenomenon is evident in countries like Myanmar, where several laws have been enacted to criminalize speech, surpassing international legal standards. In Indonesia, the rise of authoritarian tendencies has been linked to the weakening of artistic freedom, as reflected in the rising number of cases of artistic repression. This study explores the legal and practical realities of artistic freedom in Indonesia, addressing how the legal system handles attacks on artistic expression and the involvement of state and non-state institutions in strengthening legal protection for artists. It discusses the theoretical framework of artistic freedom, its protection under international human rights law, and Indonesia’s legal context, particularly through laws like the 1945 Constitution and various international agreements such as the ICCPR. The research highlights the challenges of balancing artistic freedom with public morality, security, and order, and critiques the misuse of legal restrictions that often result in excessive censorship. By examining historical and contemporary legal cases, the study proposes an ideal legal framework to ensure robust protection for artistic expression in a democratic society, advocating for a balanced approach between law enforcement and fundamental human rights.
REPRESI TERHADAP KEBEBASAN AKADEMIK DALAM POLITIK ELEKTORAL INDONESIA Wiratraman, Herlambang P.
Veritas et Justitia Vol. 11 No. 2 (2025): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v11i2.8880

Abstract

The relationship between campuses and political power continues to be shaped by partisan interests. Increasing politicization reflects the strategic importance of campus life as an object of discipline, co-optation, and control within broader power structures. This dynamic was evident during the 2024 Indonesian elections, both at the presidential and regional levels. This article analyzes patterns observed in these elections, which featured multiple instances of political pressure exerted through state apparatuses seeking to mobilize campuses in support of the Joko Widodo administration through various manipulative strategies. Existing studies have paid limited, if any, attention to the position of campuses and electoral processes from the perspective of academic freedom, particularly within legal analysis focused on its practical application. This article therefore asks why academic freedom becomes particularly vulnerable during electoral periods and why campuses appear especially susceptible to political pressure in such contexts. Employing an interdisciplinary law-and-society approach, the article argues that the subordination of campuses during elections is neither incidental nor novel. Rather, campuses have been repeatedly sacrificed in electoral politics and are increasingly subject to systematic co-optation through policy instruments that constrain and neutralize their critical function.
Adat Court in Indonesia’s Judiciary System: A Socio-Legal Inquiry Wiratraman, Herlambang P.
Journal of Asian Social Science Research Vol. 4 No. 1 (2022): Journal of Asian Social Science Research
Publisher : Centre for Asian Social Science Research (CASSR), Faculty of Social and Political Sciences, UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/jassr.v4i1.62

Abstract

This article addresses the question of how the constitution drafters considered the existence of a plural legal system in Indonesia, especially the adat judicial system. There are several sociological arguments for constitutional pluralism, empirical and normative claims, and the necessity of formalizing adat court. Constitutional pluralism identifies the phenomenon of a plurality of constitutional sources and claims of final authority which create a context for potential constitutional conflicts that are not hierarchically regulated. Hence, this article argues that ‘constitutionalizing’ does not mean ‘formalization’, or even ‘structuring the adat court under the state formal judicial system’. This should be critically assessed not merely on recognition, but also on protection, especially to exercise fundamental values of social significance. It considers the concepts of ‘self-recognition based adat court’ and ‘regional recognition based adat court’ as important in defending universal values to respect and protect the rights of the people, including their traditional systems. By doing so, this article aims to contribute to the studies on the importance of the plural legal system in plural societies like Indonesia.
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