Prinsip Kehati-hatian dalam Penegakan Hukum atas Tindak Pidana Ideologi Negara: Analisis Normatif terhadap Potensi Penyalahgunaan Kewenangan

Vandy Agus Irwanto (Universitas Tama Jagakarsa, Jakarta)
Hasudungan Sinaga (Universitas Tama Jagakarsa, Jakarta)

Sanskara Hukum dan HAM
Vol. 5 No. 01 (2026): Sanskara Hukum dan HAM (SHH)

Indonesia, as a state based on the rule of law, places the supremacy of law, the principle of legality, legal certainty, proportionality, due process of law, and the protection of human rights as the basis for limiting state power. In criminal law, this principle demands that authority not be used arbitrarily. However, the regulation of state ideology crimes has a special character because it is related to the expression of abstract thoughts and interests, thus potentially giving rise to multiple interpretations, legal uncertainty, and the risk of abuse of authority in its enforcement. Therefore, the precautionary principle is needed as a mechanism to limit the discretion of law enforcement officials. The formulation of the problem in this study is: (1) how are state ideology crimes regulated in the Indonesian criminal law system; and (2) how is the application of the precautionary principle in law enforcement to prevent abuse of authority. This study aims to analyze the regulation of state ideology crimes, particularly in the new Criminal Code, and formulate the application of the precautionary principle as a normative parameter. Theoretically, this research contributes to the development of criminal law, while practically, it serves as a guideline for law enforcement officials to act objectively, proportionally, and accountably. This research uses a normative juridical method with a statutory, conceptual, and case-based approach. Data are analyzed through legislation, legal doctrine, and court decisions, namely Decision Number 15/Pid.B/2021/PN.Sgi and Decision Number 54/Pid/2019/PT.Jap. The results show that the regulation of state ideology crimes in the new Criminal Code is structured, but still contains abstract and open-ended norms that open up room for broad interpretation and discretion by officials. This has the potential to lead to abuse of authority, as evidenced by the variation in interpretation in judicial practice. Therefore, the precautionary principle needs to be applied through restrictive interpretation, proportionality tests, the use of criminal law as an ultimum remedium, and strengthening the evidence base and judicial control. Clear operational guidelines, a threshold test for real danger, and strict oversight are recommended to ensure legal certainty and prevent abuse of power.