DISSEMINATION OF COMMUNISM/MARXISM-LENINISM AS POLITICAL OFFENSE IN INDONESIAN: NATIONAL SECURITY PROTECTION OR ACADEMIC FREEDOM THREAT

Indonesia has bad narratives with Communism or Marxism-Leninism. This communist group tried to launch a revolt in 1948 and a coup in 1965. The act of disseminating this Communism ideology constitutes a political offense. Over time, especially after the fall of the Soviet Union, this ideology no longer poses a threat to the national safety. The existence of this crime in the Penal Code poses a threat to academic freedom, especially to discussing and publishing the findings of a study on the 1965 events outside of school and through the social media platforms. Accordingly, this article is aimed at criticizing the Communism dissemination crime as an effort to protect the national safety since it can pose a threat to academic freedom. To accomplish that aim, we do a doctrinal law research by employing a literature study; moreover, we also employ a statutory approach and a micro law approach. We compare the history, social status and various court verdicts in Hungary and Germany, formerly countries under the dictatorial Communist regimes. Based on the results of the study, several answers are found out. First, in Indonesia’s current situation and condition, it is no longer appropriate to place the Communism dissemination act as a political offense posing a threat to the national safety. The legal interests to be protected from this crime are the public interests and the interests of the victims and the families of the victims of the 1965 events. Second, the broad formulation of Articles 188 and 189 Indonesian Penal Code poses a threat to academic freedom in discussing and publishing the 1965 events for the purpose of scientific development. Therefore, it is necessary to formulate a clear definition of the clear and present danger in order to create a balance between the restriction of academic freedom and the legal interests to be protected.