JOURNAL ARTICLE

Critical Study Of Rejection Of Blasphemy Prohibition In Criminal Code Related To Ideals Indonesian Law.

  • Published In: Al-Adl Journal, 2024, v. 17, n. 2. P. 201 1 of 3

  • Database: Legal Source 2 of 3

  • Authored By: Aswandi; Abunawas; Ismawati, Sri; Hasyim Azizurrahman, Sy.; Hermansyah 3 of 3

Abstract

The article critically examines the rejection of provisions prohibiting religious blasphemy in Indonesia’s Law Number 1 of 2023 concerning the Criminal Code, specifically Articles 300 and 302. It situates these provisions within Indonesia’s legal framework based on Pancasila—the state ideology emphasizing belief in the One and Only God—and the 1945 Constitution, which guarantees freedom of religion while protecting religious values through criminal law. The study identifies internal and external factors influencing opposition to the blasphemy ban, including lack of religious understanding, concerns over freedom of expression, and negative perceptions shaped by domestic and international events. Despite criticisms and judicial review attempts, the law’s provisions are upheld as consistent with Indonesia’s legal ideals, with a three-year socialization period before enforcement beginning in 2026. The article underscores the importance of aligning criminal law with national philosophy and calls for committed law enforcement to uphold these blasphemy prohibitions within Indonesia’s pluralistic society.

Additional Information

  • Source:Al-Adl Journal. 2024/07, Vol. 17, Issue 2, p201
  • Document Type:Article
  • Subject Area:Religion and Philosophy
  • Publication Date:2024
  • DOI:10.31332/aladl.v17i2.8011
  • Accession Number:182062366
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