Legal politics of blasphemy in religion in Rudolf Stammler's perspective (original) (raw)
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This article examines the history and impact of the Indonesian blasphemy law, known as Undang-Undang Penistaan Agama, which is included in the Indonesian Criminal Code (KUHP). The law aims to protect religious elements such as holy books, rituals, and saints from offenses. However, in post-authoritarian Indonesia, it has been used to target individuals and minority groups by religious groups, state apparatus, and politicians. This has sparked controversy and debate in society, with many intellectuals and human rights activists arguing that the law contravenes the Indonesian Constitution (UUD 45) and calling for its removal or revision through the Constitutional Court of Indonesia (MK). The article aims to understand the historical context of the law and its effect on religious freedom in Indonesia, using library research and ethnographic data. The results suggest that the government has struggled to clearly define religious freedom and has been inconsistent in resolving disputes related to the blasphemy law, often siding with the more powerful voice in public.
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Proceedings of the 2nd Borobudur International Symposium on Humanities and Social Sciences, BIS-HSS 2020, 18 November 2020, Magelang, Central Java, Indonesia, 2021
The rights of religion and belief must be protected, which is a matter of concern for law enforcers in Indonesia. Law enforcers have attempted various case restrictions related to blasphemy, such as the provision of Article 156 (a) of the 1965 Blasphemy Law. Other legal provisions related to blasphemy regulation are regulated on Article 28 paragraph (2) of the Indonesian Law No. 11/ 2008 about Information and Electronic Transaction. Although in the Human Rights Act 1999 and Law No. 12 of 2005 concerning the ratification of the ICCPR, which has also guaranteed freedom of expression and restrictions on religious criticism, it has not been deemed appropriate to resolve various blasphemy issues that occur in Indonesia. In upholding human rights development in blasphemy, the National Commission on Human Rights has also made efforts by establishing a Standard of Norms and Regulations on Freedom of Religion and Belief. Therefore, this research paper will discuss applying the blasphemy law enforced by the Indonesian state with other countries. Besides, seeing the extent to which law enforcement is seen from the universal application of human rights enforced in Indonesia and whether or not the articles in the Blasphemy Law in Indonesia are properly resolved in resolving various blasphemy issues in Indonesia.
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The establishment and application of blasphemy law in Indonesia is generally under the justification of maintaining public order, preventing violent-conflict, and protecting the enjoyment of the right to freedom of religion. However, when the blasphemy law should be applied to adjudicate an internal religious conflict among the sects then the debate arises on whose interpretation and how it will be referred by the State authorities as demarcation or exclusionary standard to distinguish between the deviant religion and legally valid ones. Issues on the fragility of fair and impartial trial as protection to the existence of religious minority group therefore becomes very central due to the implementation and application of blasphemy law will be always influenced by power relation among the involved parties. This paper is intended to explore Tajul Muluk case that has been exhaustively ruled by all level of Indonesian courts in order to reveal complex roles of judiciary in applying serv...
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This study is intended to investigate the recent debate on the laws against blasphemy to the reinterpretation of religious freedom in Indonesia. In addition, it aims to explicate not only the opinions of the confronted groups involve in the recent debate but also the reaction of the government concerning the petition for the removal of the laws. The fatwâs of the MUI against the heretical groups, particularly Ahmadiyah become the social background of the recent debate on the laws against blasphemy. These fatwâs have been used by some members of radical Muslim organizations not only to urge the government to act upon the heretical groups in accordance with the laws against blasphemy but also to legitimize violence against the heretical groups. As a result, the leaders and some members of the heretical group were sentenced based on the laws after they were prosecuted for blasphemy. A number of violence and prosecution against the heretical groups and the issuance of the SKB to cope with the case of the Ahmadiyah are opposed by some of Muslims and human rights activists who name their group as the AKKBB. They argue that the actions against the heretical groups are in contradiction with freedom of religion which is guaranteed by the UUD 1945 and the covenant of human rights which was included in the amendment of the UUD 1945. They further state that the government has no right to intervene religious life of the society and therefore the laws against blasphemy which are used to imprison the leaders and some members of the heretical groups should be banned. The duty of the government is to guard the implementation of freedom of religion and to protect heretical groups from mass violence.
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A growing number of religious minorities have been prosecuted for the criminal offence of ‘insulting a religion’, specifically Islam, in Indonesia. Both local and international human rights organisations have condemned the perceived misuse of what is widely referred to in Indonesia as the ‘Blasphemy Law’. This article will analyse the application for judicial review of the Blasphemy Law, which was submitted to the Indonesian Constitutional Court in 2009. It will critique the various submissions made to the court and analyse the historic decision of the judiciary, which upheld the validity of the Blasphemy Law. In doing this, it will explore how the relationship between law and religion, particularly Islam, has been debated, negotiated and articulated in democratic Indonesia.
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Jurnal Konstitusi
This article analyzes human rights and constitutionality issues in the Indonesian Blasphemy Law. It contributes urgently to constitutional studies since constitutionalism requires respect for human rights and democracy obliges to uphold the supremacy of the constitution. This article was written as the results of research through the desk-study using descriptive-qualitative approach. Data were collected through document study and Internal Focus Group Discussion. Indonesia's blasphemy laws inherently violate human rights and are prone to politicization which places religious minorities in vulnerability, while the main legal provisions that criminalize blasphemy have been tested for their constitutionality dimensions by the Constitutional Court. However, the constitutionality issue remains, partly because the Constitutional Court affirmed a religious constitution whereas the Republic of Indonesia is a Pancasila based state. In addition, the Constitutional Court ignores human right...
The Effectiveness of Criminal Law Policies on Religious Abuse and Blasphemy Crimes
Jurnal Al-Dustur : Journal of politic and islamic law
Criminal law policy is one of the instruments of the rule of law-specifically Indonesia-to realize security and order in the lives of every citizen. One of the crimes that often trigger conflicts between the communities is acts related to religion. This is because anthropologically, Indonesian communitiesare known as religious communities. So that if there is an "offended religious" as a consequence of someone's action, it often leads to mass actions. This article focuses on 2 formulations; they are: how is the criminal law policy on religious abuse and blasphemy in Indonesia? How is the effectiveness of criminal law policy on religious abuse and blasphemy in Indonesia? Methodologically, this article uses a qualitative method that will compare existing law policies with Soerjono Soekanto's theory about factors that influence law enforcement. The data source is taken from several applicable laws, news media, and a descriptive analysis of the author. In conclusion, the government has issued a law policy in the form of ratification of Law no. 1 PNPS of 1965 concerning the Prevention ofReligious Abuse and or Blasphemy. At the same time, the effectiveness of criminal law policies against Religious Abuse and Blasphemy (PPA) criminal acts is considered very useful. However, there are deficiencies in the law awareness factor among the community, which in the practice of law enforcement often results in acts of anarchism that violate other legal instruments.
Rethinking the Constitutionality of Indonesia’s Flawed Anti-Blasphemy Law
Constitutional Review, 2021
This study examines the constitutionality of Indonesia’s Anti-Blasphemy Law, which has been challenged unsuccessfully at the Constitutional Court on three occasions, in 2009, 2012, and 2018. While the Court has acknowledged the law’s provisions are open to multiple interpretations, it insists on maintaining the law as it is, on the grounds that the right to religious expression is not absolute, as freedom and rights are restricted under Article 28J of the 1945 Constitution. The Court believes that canceling the law would create a dangerous legal vacuum. The ambiguity of the Court’s decisions on the constitutionality of the Anti-Blasphemy Law is illustrated in recent blasphemy cases that have not been explored in previous studies. This study uses a doctrinal legal approach to examine why the Anti-Blasphemy Law is flawed and to analyze to what extent the ‘particular constitutionalism’ approach influenced the Court’s decisions when declaring the constitutionality of the law. As such, t...
The Alternative Concepts of Blasphemy Law in Indonesia: Legal Comparison with Ireland and Canada
BESTUUR
This study explores the future implementation of blasphemy law in Indonesia. This research suggests some recommendations for Indonesian blasphemy law by looking at different blasphemy policy options in Ireland and Canada. This research will focus on the principle of legal certainty. Legal certainty is an essential aspect for criminal law to avoid state arbitrariness and to have predictability. The results of this research indicate that some aspects of Indonesian blasphemy law may be reconstructed in five ways: expanding the protected religions to include the minority religions, defining explicit limitations, specifying mens rea element, measuring the ‘threat to public’ elements, and more professional law enforcement officers. Keywords: Blasphemy; Indonesia; Ireland; Canada; Comparative.
International Journal of Science and Society, 2019
As is known, the issue of blasphemy in Indonesia became sticking out and rife after the Al Maidah 51 blasphemy case committed by former DKI Jakarta Governor Basuki Tjahaya Purnama or better known to Ahok, continued with event 212 which became an essential moment in the development of the case other blasphemy cases. The concern is how relevant institutions and the ministry of religion are government representatives react in handling these cases. Because in reality, all these cases always end up in prison. Is this the right solution. This study aims to analyze the role of restorative justice in the handling of blasphemy cases in Indonesia. This research uses a qualitative approach with the literature study method in analyzing this problem.