Legal Policies Regarding Religious Delict in the Indonesian Criminal Code (original) (raw)
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Jurnal Mahasiswa Fakultas Hukum, 2014
Pasal 156a KUHP yang dikategorikan "Tindak Pidana terhadap Agama" (offenses againts religion), perlu reformulasi karena perumusan normanya masih terlalu umum dan multitafsir, yaitu kata "permusuhan, penyalahgunaan dan penodaan". Sedangkan kata "agama" sebagai kata benda hukum abstrak, perlu rincian yang menjadi objek penghinaan, yaitu Tuhan, Rasul, Nabi, Kristus, Awatara, atau tokoh-tokoh suci dari agama yang dianut di Indonesia, Kitab Suci atau ibadah keagamaan, seperti yang dirumuskan di Massachussets, Pakistan, dan Yunani. Pasal 156a, huruf (a) KUHP bisa direformulasikan menjadi beberapa pasal: (1) Tindak Pidana terhadap Agama secara umum (di beberapa negara disebut "Outrage to Religious Feeling and Insult to Religion"), yang objeknya perasaan keagamaan; dan (2) Tindak Pidana terhadap Agama yang objeknya langsung ditujukan langsung terhadap pokok-pokok ajaran agama (di beberapa negara disebut "Blasphemy"). Selain itu, dalam KUHP ada pasal-pasal yang dapat dikategorikan "Tindak Pidana terhadap Kehidupan Beragama" (offenses related religion) , yaitu Pasal 175-177 ayat (1) dan (2) dan 503 ke-2, namun belum diatur tindak pidana Perusakan Bangunan Tempat Ibadah. Padahal secara sosiologis, kejahatan ini dari tahun ke tahun terus meningkat di Indonesia. Di beberapa negara sudah diatur tindak pidana perusakan tempattempat ibadah dan benda-benda sarana ibadah, antara lain India, Pakistan, dan Israel, bahkan kriminalisaisi atas perbuatan ini berakar pada budaya bangsa Indonesia sendiri, terbukti telah diatur dalam Canto 55 Undang-undang Ādigama Majapahit. Dari segi sanski, pasal-pasal yang digolongkan "tindak pidana terhadap kehidupaan beragama" dalam KUHP, apabila dibandingkan dengan negera-negara lain, tergolong sangat ringan, sehingga tidak lagi memenuhi rasa keadilan masyarakat. Berat atau ringannya sanksi yang diterapkan untuk Tindak Pidana terhadap Agama dan Kehidupan Beragama di beberapa negara, tidak dapat dilepaskan dengan filosofi masing-masing negara yang melatarbelakangi perumusan tindak pidana tersebut. Pada umumnya negara yang manganut teokrasi, seperti Pakistan, menjatuhkan pidana yang lebih berat dibandingkan dengan negara-negara sekuler. Untuk tindak pidana perusakan tempat Ibadah dan benda yang digunakan dalam beribadah, jenis sanksi ganti kerugian relevan diterapkan, khususnya ditinjau dari perspektif korban kejahatan. Meskipun RUU KUHP Konsep 2010 sudah mengatur tindak pidana perusakan tempat ibadah (Pasal 348), namun sanksinya belum memenuhi rasa keadilan, khususnya secara victimologis dari kepentingan korban kejahatan.
Formulation Policy against Religious Offenses and Insult to God in the Effort to Reform Criminal Law
Proceeding of The International Conference on Environmental and Technology of Law , Business and Education on Post Covid 19, ICETLAWBE 2020, 26 September 2020, Bandar Lampung Indonesia , 2020
There is no special chapter that regulates offenses against religion and offenses related to religion. Based on this, several problems can be formulated, namely how to formulate policies against religious offenses and insult God in Indonesian positive law today and how to formulate policies for religious offenses and insult God in the future. This research uses a normative juridical approach which refers to secondary data and is supported by a historical juridical approach and a comparative juridical approach. The results of the study concluded that currently the formulation of criminal law policies against religious offenses is contained in the Criminal Code and special laws outside the Criminal Code. Meanwhile, the Criminal Code Bill, which is currently being discussed, has formulated the religious offense in a firm and detailed manner, so that it can accommodate deficiencies in the current legislation if it is passed in the future. Keywords: formulation policy, religious offenses and insulting God, criminal law reform
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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.
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