Res Publica: Jurnal Hukum Kebijakan Publik
Vol 9, No 3 (2025): Desember

Kebebasan Berpendapat Dan Batasannya: Kajian Normatif Atas UU ITE Serta KUHP Dalam Perlindungan hak

fadhira nuralisiaariyanto (Fakultas Syariah UIN SMH banten)
Najmania Azzahra (Fakultas Syariah UIN SMH banten)
Sintia Maulani Muttamimah (Fakultas Syariah UIN SMH banten)
Azarinzza Jilan Aqila (Fakultas Syariah UIN SMH banten)
Ade Fartini (Fakultas Syariah UIN SMH banten)



Article Info

Publish Date
29 Nov 2025

Abstract

This study aims to examine the forms and methods of protecting citizens' constitutional rights in the application of law in Indonesia. This study focuses on the extent to which the state guarantees and protects the rights of its citizens as stipulated in the 1945 Constitution of the Republic of Indonesia. The method used in this study is a normative legal method with a statutory regulatory approach and a conceptual approach. The data sources analyzed include primary legal sources, namely the 1945 Constitution and its implementing regulations, and secondary legal sources such as literature and relevant scientific journals. The findings of this study indicate that the protection of citizens' constitutional rights is a reflection of the principle of a democratic state based on the rule of law. Within the framework of Friedman's legal system theory, the implementation of this protection requires good cooperation between the legal structure, legal substance, and legal culture that exist in society. However, in practice, there are still discrepancies between norms and implementation, such as weak law enforcement, low levels of public legal awareness, and inconsistencies in the application of regulations. Therefore, it is crucial to strengthen law enforcement institutions and improve legal education for the public so that the protection of constitutional rights can be realized effectively and fairly.

Copyrights © 2025






Journal Info

Abbrev

respublica

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Res Publica: Jurnal Hukum Kebijakan Publik is a peer-reviewed journal published by Constitutional Law Department, Faculty of Law, Universitas Sebelas Maret three times a year in April, August, and December. This Journal aims primarily to facilitate scholarly and professional discussions over current ...