Freedom of religion and worship is a constitutional right guaranteed by the 1945 Constitution of the Republic of Indonesia and constitutes a human right that the state is obligated to protect. Criminal law provisions capable of effectively protecting against any form of disruption, obstruction, or forced dissolution of worship activities are essential. This study examines the criminal provisions regarding the dissolution of worship activities under Article 303 paragraph (3) of Law Number 1 of 2023 concerning the Criminal Code, specifically regarding the protection of the right to worship. The research focuses on protecting individuals who are currently performing or about to perform acts of worship, as well as the criminal liability of perpetrators who obstruct or dissolve worship through violence or threats of violence. The study employs a normative legal method utilizing statutory and conceptual approaches, based on primary, secondary, and tertiary legal materials obtained through literature review. The findings indicate that Article 303 paragraph (3) represents an improvement over Articles 175 and 176 of the previous Criminal Code, as it explicitly prohibits the disruption, obstruction, or dissolution of worship through violence or threats of violence. However, the phrase "persons currently performing worship" limits protection to acts of worship that have already commenced, thereby excluding individuals who are about to engage in worship. Criminal liability applies when the elements of the offense are met—extending to direct perpetrators, those who order the act, co-perpetrators, instigators, and accomplices—with direct perpetration and co-perpetration being the most frequently occurring forms.
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