Widya Yuridika
Vol 5, No 2 (2022): Widya Yuridika: Jurnal Hukum

Perkembangan Delik Penodaan Agama Di Indonesia: Perspektif Historis Konstitusional

Rossa Ilma Silfiah (Unknown)
Zulkarnain Zulkarnain (Unknown)



Article Info

Publish Date
01 Sep 2022

Abstract

The blasphemy offense in Indonesia is a strategic offense to be discussed in detail, historically and constitutionally. In this case religion is protected by the state, and religion is a guideline in society, nation and state, so that the existence of religion becomes the spirit of the formation of this country. Religious life cannot be separated from the discussion of religious freedom which is part of human rights. Freedom of religion in Indonesia is based on the First Precept of Belief in the One Supreme God, where freedom is freedom based on the values of religion that live in Indonesia. One's religious freedom will be face to face with the religious rights of others, so it requires rules to maintain common order. These religions include Islam, Christianity, Catholicism, Hinduism, Buddhism, and Confucianism which have been mentioned in the explanation of the Presidential Decree Law No. 1/1965 on the abuse/blasphemy of religion, and submits Article 156a to be part of Article 156 of The Criminal Code. The research uses normative legal research methods with historical and case approaches. The essence of the blasphemy regulation is to regulate harmonious religious life. This article will discuss the state's protection of religion and religious life from a historical-constitutional perspective as well as cases of blasphemy against religion that have occurred. By knowing some of the cases that occurred, both blasphemy against religion in the form of hate speech and the destruction of houses of worship, it will be easy to analyze the causal factors and solutions that must be carried out by both the government and the community

Copyrights © 2022






Journal Info

Abbrev

yuridika

Publisher

Subject

Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

WIDYA YURIDIKA: Jurnal Hukum, published by the Faculty of Law, Universitas Widyagama Malang, as a forum of scientific publications for legal scientists and humanities who have a concentration in the field of law and human rights. Widya Yuridika published two times annually, on June and December. ...