Public Debate and Artistic Expression: A Jurisprudential Analysis of Freedom of Expression in Europe And Indonesia

Abstract

Objective: This research aims to critically analyze various decisions of the European Court of Human Rights and the Supreme Court of the Republic of Indonesia regarding freedom of expression in the context of public and artistic debates, which, in practice, lack a clear demarcation line to decipher the abstract theme of freedom of expression. Methodology: The author conducted an in-depth review of the court decisions and critically analyzed them, supported by various international, European, and Indonesian legal instruments. Therefore, a qualitative approach predominates in this research. Results and Conclusions: This article concludes that the abstract theme of freedom of expression inherent in human rights is determined by the knowledge and preferences of the judges, leading to a lack of consistency in their decisions. On the other hand, various international, European, and Indonesian legal instruments have guaranteed freedom of expression for every individual, but these guarantees are not always adhered to by the European Court of Human Rights and the Supreme Court of the Republic of Indonesia. Originality/value: This research contributes by identifying the issues arising from various judicial decisions, providing guidance for judges adjudicating cases related to freedom of expression. This can enrich the discourse on freedom of expression and help prevent judges from falling into the scenarios created by their predecessors.