Lex Journal : Kajian Hukum dan Keadilan
Vol 10 No 2 (2026): In Progress

Decriminalization of Blasphemy in National Criminal Law: A Theoretical Reflection

Darryl Evan Brouwer (Faculty of Law, Universitas Airlangga, Indonesia)
Timothy Anggapermana Lande (Faculty of Law, Universitas Airlangga, Indonesia)
Beatrice Briliany Immanuel (Faculty of Law, Universitas Airlangga, Indonesia)



Article Info

Publish Date
08 Apr 2026

Abstract

Criminal law aims to suppress crime. As part of a social defense policy, crime suppression policy is directed at protecting the public. In this case, the authorities use criminal law as a social control instrument. However, this social control is limited by the human rights of individual citizens because the state must protect the human rights of individual citizens. Thus, the formulation of criminal law shall not be ambiguous and have multiple interpretations, thereby depriving citizens of their rights and freedom of religion. In the National Criminal Code, the crime of blasphemy has been decriminalized. This study analyzes whether the politics of decriminalization of the criminal act of blasphemy in the National Criminal Code from a legal theory and legal philosophy aspect is appropriate. As legal research, the normative methodology has been used in this article. This research concludes that the politics of decriminalization of the criminal act of blasphemy in the National Criminal Code and Penal Administration Law has its legitimation from the legal theoretical and legal philosophical aspects.

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Journal Info

Abbrev

hukum

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Lex Journal is a scientific journal published by the Faculty of Law, Dr. Soetomo University which will be published regularly every six months. In July and December containing articles in the form of articles, studies, and research results. This journal is published as a forum to provide space for ...