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Jurnal Pemerintahan dan PolitikJurnal Pemerintahan dan Politik

This study aims to analyze how the state constructs communism as an ideological threat in Indonesian politics through criminal law instruments and to assess the extent to which this construction reflects political selectivity in responding to ideologies deemed contrary to Pancasila.

This research concludes that the criminalization of communism in Indonesia is not merely a legal response to an ideological threat, but rather a result of a historically institutionalized political-legal construction shaped by collective memory, state narratives, and power interests.The state consistently frames communism as an existential threat to Pancasila through the use of criminal law, while other ideologies are addressed with more varied and non-penal approaches.This selective enforcement operates not only at the stage of law enforcement but also in the construction of norms and the production of ideological threats, forming a hierarchy of state responses to different ideologies.The research recommends reformulating ideology criminalization policies by setting clearer normative boundaries in Article 188 of the Criminal Code, consistently applying the principle of ultimum remedium through a gradual escalation from non-penal to penal measures, and strengthening the basis of empirical threat and proportionality principles in policy formulation and implementation.

To further explore the dynamics of selective enforcement in ideology criminalization, future research could delve into the empirical analysis of specific cases, court decisions, and comparative measurements of ideology criminalization patterns. This would provide a more precise understanding of the relationship between ideological construction, selective enforcement, and legal practice in a broader context. Additionally, a critical examination of the states ideological narrative and its impact on public literacy is essential to ensure that citizens can critically evaluate ideological threats and avoid accepting state-constructed narratives uncritically. By combining these research directions, scholars can contribute to a more nuanced understanding of the interplay between law, ideology, and power in the Indonesian political system.

  1. AKTUALISASI NEGARA HUKUM PANCASILA DALAM MEMBERANTAS KOMUNISME DI INDONESIA | Mimbar Keadilan. aktualisasi... jurnal.untag-sby.ac.id/index.php/mimbarkeadilan/article/view/2949AKTUALISASI NEGARA HUKUM PANCASILA DALAM MEMBERANTAS KOMUNISME DI INDONESIA Mimbar Keadilan aktualisasi jurnal untag sby ac index php mimbarkeadilan article view 2949
  2. http://journal.uad.ac.id/index.php/Novelty. based principle human rights limitation jurnal novelty http... journal.uad.ac.id/index.php/Novelty/article/view/23606journal uad ac index php Novelty based principle human rights limitation jurnal novelty http journal uad ac index php Novelty article view 23606
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