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All Journal Proceeding International Conference Restructuring and Transforming Law
H Hartiwiningsih
Universitas Sebelas Maret

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Ambiguity in Blasphemy Law Norms: Challenges to Religious and Expressive Rights in the Digital Age M Mufidah; H Hartiwiningsih; I Isharyanto
Proceeding International Conference Restructuring and Transforming Law Vol. 3 No. 1 (2024): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Law No. 1/1965/PNPS on Blasphemy has become a highly sensitive legal framework aimed at safeguarding the harmony of religious freedom in Indonesia. However, in the context of technological advancements and the digital world, this law has undergone significant polarization, particularly in addressing actions deemed as blasphemy on social media. This polarization has consequently restricted the space for religious freedom and freedom of expression. This article analyzes the blasphemy law, which was initially designed to protect religious freedom but has evolved into a controversial regulation characterized by normative ambiguities. Employing statutory, philosophical, and sociological approaches, this study explores the legal objectives linked to the norms within the blasphemy law. Furthermore, it examines the interplay between Indonesia's religious culture and the phenomena of the digital era. Cases involving blasphemy on social media highlight critical issues, including the escalation of controversies, trial by media, selective criminalization, and pressure on freedom of expression. The article concludes that the normative ambiguity of Indonesia's blasphemy law presents significant challenges in upholding guarantees for religious freedom and freedom of expression. These challenges not only create legal uncertainty but also open avenues for political misuse. Therefore, legal reform is urgently required to establish clearer and more robust protections for human rights, particularly the rights to religious freedom and freedom of expression, while ensuring justice and equality for all citizens as mandated by the Constitution.
Imprisonment as A Subsidiary of Additional Penalty of Money Substitute for Corruption Crime: A Utility Perspective Henderina Malo; H Hartiwiningsih; S Sulistyanta
Proceeding International Conference Restructuring and Transforming Law Vol. 3 No. 2 (2025): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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This normative legal research is conducted with the aim of analyzing the rules of imprisonment as a subsidiarity of additional compensation payments in the Corruption Crime Law which reflects the purpose of law as legal expediency. The research method used with several approaches, namely: legislative approach, conceptual approach and case approach. The results of this study found a number of problems regarding the provisions of imprisonment as a substitute for payment of restitution both at the level of the norm itself and in the implementation stage of the norm. In addition, the regulation of imprisonment as a substitute for restitution does not provide benefits as in Bentham's utilitarianism view. For the researchers, the regulation of imprisonment as a substitute payment does not pay attention to two important principles of the legislative process, namely the principle of proportionality and the principle of subsidiarity. The use of imprisonment as a substitute for additional payment of restitution is not effective in restoring state financial losses as expected by the legislator. This condition causes the legal provision to deviate from the purpose of law as legal benefit.
Imprisonment as A Subsidiary of Additional Penalty of Money Substitute for Corruption Crime: A Utility Perspective Henderina Malo; H Hartiwiningsih; S Sulistyanta
Proceeding International Conference Restructuring and Transforming Law Vol. 4 No. 1 (2025): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

This normative legal research is conducted with the aim of analyzing the rules of imprisonment as a subsidiarity of additional compensation payments in the Corruption Crime Law which reflects the purpose of law as legal expediency. The research method used with several approaches, namely: legislative approach, conceptual approach and case approach. The results of this study found a number of problems regarding the provisions of imprisonment as a substitute for payment of restitution both at the level of the norm itself and in the implementation stage of the norm. In addition, the regulation of imprisonment as a substitute for restitution does not provide benefits as in Bentham's utilitarianism view. For the researchers, the regulation of imprisonment as a substitute payment does not pay attention to two important principles of the legislative process, namely the principle of proportionality and the principle of subsidiarity. The use of imprisonment as a substitute for additional payment of restitution is not effective in restoring state financial losses as expected by the legislator. This condition causes the legal provision to deviate from the purpose of law as legal benefit.
Co-Authors Henderina Malo I Isharyanto M Mufidah S Sulistyanta