Critique of the Criminalization of Communism Dissemination in Indonesia: A Lesson from Poland

Abstract

This study discusses the criminalization of a communism dissemination in Indone­sia. The new Penal Code regards this offence as an offence against national secu­rity. Indonesia has a horrible narrative on the communists’ atrocity and their coup attempt in 1965. However, we should reconsider the existence of this offense. This study is a documental study employing a historical legal and a micro­comparative law approaches, comparing this communism dissemination offence in Indonesia with the situation in Poland. The results show that the criminalization should be based on legal protection of the public order and should prove the presence of clear and present danger. Finally, the formulation offences must be strict to protect freedom of expression.