Freedom of speech and expression are fundamental rights that must be given to all people in a democratic state. Its development the freedom of speech and expression seemed to encounter a steep road with the implementation of Articles 310 and 311 of the Criminal Code which threatened the people's independence in expressing their speech. This paper aims to explore the right to freedom of speech and expression in the corridors of national law, especially Article 310 and 311 of the Criminal Code, thus finding the right formulation of the freedom of speech and expression in Indonesian national law. This research is normativeempirical legal research by analyzing the laws and regulations relating to the topic and also carrying out field data collection from law enforcers, academics to find out the application of penalties related to Articles 310 and 311 of the Criminal Code. This study obtained the proper formulation regarding the implementation of law related to freedom of speech and expression, namely the implementation must be carried out proportionally and not excessively. The Siracusa Principle permits restrictions on derogable rights, and freedom of speech and expression are categorized as derogable rights. However, the implementation other than punishment needs to be encouraged by law enforcers to prevent the disruption of the right to freedom of speech and expression in Indonesia.