Tarumanagara Law Review
Vol. 8 No. I (2026): Talrev-Untar

Restrictions on the Public's Right to Freedom of Expression from a Utilitarian Perspective

Destiana Vani Candra (Unknown)
Devika Graciella Gunawan (Unknown)
Michelle Kurniawan (Unknown)
Joel Natanael (Unknown)
Kaniko Dyon Geraldi (Unknown)
Baharuddin Jusuf Habibie (Unknown)
Lawrentius Kennardy (Unknown)



Article Info

Publish Date
15 Apr 2026

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.

Copyrights © 2026






Journal Info

Abbrev

tlr

Publisher

Subject

Description

Tarumanagara Law Review (TaLrev) is a peer-reviewed academic journal published by the Faculty of Law, Universitas Tarumanagara, Indonesia. The journal provides a platform for academics, researchers, legal practitioners, and students to publish original research articles and review articles ...