Contemporary Issues on Interfaith Law and Society
Vol. 5 No. 1 (2026): Interfaith Dialogue and the Rule of Law

The Blasphemy: Indonesia Criminal Law and Christian Perspective

Beniharmoni Harefa (Universitas Pembangunan Nasional Veteran Jakarta)
Abdul Kholiq (Universitas Pembangunan Nasional Veteran Jakarta)
Anugerah Tatema Harefa (Universitas Nias Sumatera Utara)
Oinike Natalia Harefa (Banua Niha Keriso Protestan Sundermann Theological Seminary)
Nor Akhmal Hasmin (Universiti Teknologi MARA, Malaysia)



Article Info

Publish Date
30 Jun 2026

Abstract

Blasphemy constitutes one of the most controversial offenses within Indonesian criminal law, particularly as governed by Article 156a of the existing Penal Code and the provisions of the 2023 Criminal Code. In a pluralistic society such as Indonesia, the enforcement of blasphemy laws frequently engenders tension between the protection of religious freedom and the maintenance of public order. This study examines the regulatory development and implementation dynamics of blasphemy laws in Indonesia, assessing the extent to which national legal norms align with international human rights principles. Employing a normative legal approach, this research analyzes statutory instruments, Constitutional Court rulings, and law enforcement practices in landmark cases such as Ahmadiyah, Ahok, and Holywings. The analysis demonstrates that existing legal norms, notably Article 156a of the Penal Code, are highly ambiguous and susceptible to abuse, disproportionately affecting minority groups. Furthermore, Constitutional Court Decision No. 140/PUU-VII/2009, which upholds the constitutionality of this article, reinforces a discriminatory status quo. Consequently, this article advocates for the statutory reformulation of these offenses utilizing a restorative justice approach, the implementation of administrative sanctions, and the strengthening of penal mediation mechanisms as stipulated in Attorney General Regulation No. 15 of 2020. The primary contribution of this research is proposing a roadmap for legal reform that strikes a balance between safeguarding religious freedom and ensuring public order, in strict compliance with international frameworks such as the ICCPR and the Siracusa Principles. 

Copyrights © 2026






Journal Info

Abbrev

ciils

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Contemporary Issues on Interfaith Law and Society [ISSN Print: 2829-8373 ISSN Online 2829-8624] is an open-access double blind peer-reviewed journal published by the Faculty of Law Universitas Negeri Semarang and managed by Moslem and Christian Community at Faculty of Law Universitas Negeri ...