ANALISIS YURIDIS NORMATIF PELECEHAN AGAMA DALAM TEORI HUKUM GUSTAV RADBRUCH DAN ASAS KEADILAN THOMAS AQUINAS (Studi Putusan Nomor.122/Pid.Sus/2024/PN.Blt)

Technological developments facilitate the dissemination of information, including heretical teachings that violate moral norms and trigger social conflicts. The study examined the case of Samsudin bin (Alm) Sutowo, who made a 30-minute fictitious video on YouTube to preach the dangers of heresy, but was cut to 2 minutes by irresponsible parties on TikTok, causing riots. This normative juridical analysis examines court decisions that acquit the defendant from the Prosecutor's demands. The research method used is juridical-normative with a Laws and Regulations approach, using primary legal materials in the form of the Electronic Information and Transaction Law and all its amendments and Court Decisions, as well as secondary and tertiary legal materials through literature studies. In the formulation of the problem of how the indictment and the Prosecutor's demands in the verdict were reviewed from the Legal Theory of Gustav Radbruch and How the Prosecutor's demands were reviewed from the Principle of Justice, Thomas Aquinas found that the Prosecutor's indictment did not meet the elements of Articles 27(1) and 28(2) of the ITE Law because the video was fictitious-educational, the actors were legal husband and wife, and there was no intention to violate morality or spread fake news. Radbruch's theory (justice, certainty, utility) shows that the indictment fails to meet legal certainty because it ignores the facts of the trial. Aquinas' Principle of Justice (distributive, commutative, vindictive) emphasizes that the charges are disproportionate, because the riot from the video cutting of the other party is not the intention of the defendant. The Panel of Judges was right to acquit the defendant. In conclusion, the indictment and the prosecutor's demands are not in accordance with Radbruch's Theory because the criminal element is not met, and violates Aquinas' principle of justice due to disproportionateity. The research recommends that prosecutors strengthen the analysis of facts to avoid arbitrariness.