%0 Thesis
%9 Skripsi
%A Ridwan Agung Prakoso, NIM.: 22103060030
%B FAKULTAS SYARIAH DAN HUKUM
%D 2026
%F digilib:78893
%I UIN SUNAN KALIJAGA YOGYAKARTA
%K Hukum Islam, Hukum Positif, Komedi Kritik Sosial, Kebebasan  Berekspresi, Mens Rea
%P 141
%T ANALISIS KOMPARATIF HUKUM ISLAM DAN HUKUM POSITIF TERHADAP KEBEBASAN BERPENDAPAT DALAM KOMEDI (STUDI MATERI SPECIAL SHOW “MENS REA” OLEH PANDJI PRAGIWAKSONO)
%U https://digilib.uin-suka.ac.id/id/eprint/78893/
%X This study examines the phenomenon of stand-up comedy as a form of  freedom of expression. The study focuses on the special show Mens Rea by Pandji  Pragiwaksono, which conveys criticism of law enforcement officials and the  national political situation, thereby generating both support and controversy and  raising questions concerning the boundary between freedom of expression and  insult. This issue constitutes a significant discourse as it concerns how Islamic law  and Indonesian positive law view the permissible limits of expression conveyed  through humor and satire. This study aims to examine the perspectives of Islamic  law and Indonesian positive law on the comedic material presented in the special  show Mens Rea and to compare the constructions of the two legal systems in  determining the limits of permissible social criticism through stand-up comedy.  This is a library research study that is descriptive-analytical-comparative  in nature, using a normative approach. The primary data consist of the recording  and script of “Mens Rea,” while the secondary data are drawn from the Qur’an,  hadith, classical fiqh (ushul fiqh) literature, and statutory regulations, collected  through documentation and netnography and then analyzed qualitatively. The  analysis employs the theory of human rights in Islam and the general theory of  human rights, which emphasize that freedom of expression is a protected right but  remains bounded by moral values, ethics, and public order.  The findings indicate that most of the material presented in Mens Rea can  be justified as an exercise of freedom of expression because it is based on publicly  known facts and serves a social-control function. Nevertheless, certain parts of the  material clearly exceed the limits of freedom of expression, particularly the  imitation of personal gestures, the use of religious symbols as subjects of jokes, and  the use of offensive or vulgar diction. Under Islamic law, freedom of expression is  permissible as a form of amar ma’ruf nahi munkar (enjoining good and forbidding  evil) when it is based on truth, public benefit, and ethical speech. Under Indonesian  positive law, freedom of expression is permissible insofar as it does not fulfill the  elements of criminal offenses, such as defamation and hate speech. The two legal  systems converge in emphasizing responsibility and truthfulness in expression,  while differing in their sources of authority, standards of assessment, and  mechanisms of legal enforcement.
%Z Dr. Fuad Mustafid, M.Ag.