Institutional Repository UIN Sunan Kalijaga YogyakartaANALISIS KOMPARATIF HUKUM ISLAM DAN HUKUM POSITIF TERHADAP KEBEBASAN BERPENDAPAT DALAM KOMEDI (STUDI MATERI SPECIAL SHOW “MENS REA” OLEH PANDJI PRAGIWAKSONO)NIM.: 22103060030Ridwan Agung PrakosoauthorThis 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.340.2 Hukum Perbandingan2026-08-18UIN SUNAN KALIJAGA YOGYAKARTA;FAKULTAS SYARIAH DAN HUKUMThesis

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