Russian Journal of Agricultural and Socio-Economic Sciences (Aug 2022)

PHILOSOPHY OF ARTICLES’ ESTABLISHMENT OF RELIGION BLASPHEMY FOR CRIMINAL CODE (KUHP) IN INDONESIA

  • Lalu A.,
  • Setiawan N.,
  • Milda I.

Journal volume & issue
Vol. 128, no. 8
pp. 9 – 12

Abstract

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This research is motivated by the existence of several problems in Indonesia related to blasphemy of religion, a lot of people and even public figures are considered as blasphemers of religion. This blasphemy incident greatly grabbed public attention and was horrendous and heated, thus triggering new problems in the community. The formulation of the problem in this study includes 1) what is the philosophical basis for the formation of blasphemy regulations in the Criminal Code?; 2) What are the rules for offenses against religion in the future, while the objectives of this study include 1) to understand and describe the philosophical basis for the formation of blasphemy rules in the Criminal Code; 2) to find out the rules for the offense of insulting religion in the future. The type of research used in this research is normative juridical research with a literature study that can examine and compose applicable legal regulations, as well as normative legal research based on legal sources in the form of statutory regulations, policies and stipulations, courts, contracts, agreements, contracts, legal theory, and expert opinion. This study uses a statutory approach (state approach). The technique of collecting legal materials is done by using the library study method. The legal entity analysis technique used is descriptive qualitative. The results in this study include the philosophical basis for the formation of blasphemy rules in the Criminal Code for blasphemy crimes due to the failure of religious development, weak law enforcement, the emergence of defenders of religious blasphemy, further strengthening the emergence of various crimes of blasphemy of religion, offenses against religion in the future as a form of effort. prevention of blasphemy crimes. Efforts that can be made are by presenting a forum for dialogue between religious communities and believers as well as various sects that try to make new interpretations of an existing religion.

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