Dealing With Blasphemy Laws In Indonesia: Blasphemy Law Issues in Indonesia and The Effectiveness of Law Enforcement
Heru Susetyo (a*), Abdurakhman (b), Farida Prihatini (c), Nurindah Hilimi (d), Intan Mahabah Nabila (d), Ira Apriyanti (d), Suri Rahmadhani (d)

a) Faculty of Law Department of Law and Society, Universitas Indonesia, Indonesia
*hsusetyo[at]ui.ac.id
b) Faculty of Humanities Department of History, Universitas Indonesia, Indonesia
c) Faculty of Law Department of Islamic Law, Universitas Indonesia, Indonesia
d) Faculty of Law, Universitas Indonesia, Indonesia

Abstract

As a democracy, Indonesia, known as a majority of its inhabitants are Muslim, has made efforts to protect human rights, especially regarding religious rights. In human rights, Indonesia uses legal instruments as outlined in the 1945 Constitution. The right to believe and have a religion is an individual right that should not recognize minority and minority issues. However, conflicts related to blasphemy occurred because some saw the problem that a minority had become victims. Indonesia^s protection rights become a minority a problem because in every incident of religious conflict, the approach is usually through harmonization in which minorities often become victims, and their rights to believe and depend on them are not fulfilled. The rights of religion and belief must be protected, which is a matter of concern for law enforcers in Indonesia. Law enforcers have attempted various cases restrictions related to blasphemy, such as the provision of Article 156 (a) of the 1965 Blasphemy Law. Other legal provisions related to blasphemy regulation are regulated on Article 28 paragraph (2) of the Indonesian Law No. 11/ 2008 about Information and Electronic Transaction. Although in the Human Rights Act 1999 and Law No. 12 of 2005 concerning the ratification of the ICCPR, which has also guaranteed freedom of expression and restrictions on religious criticism, it has not been deemed appropriate to resolve various blasphemy issues that occur in Indonesia. Therefore, this research paper will discuss the comparative comparison of applying the blasphemy law enforced by the Indonesian state with other countries. Besides, seeing the extent to which law enforcement is seen from the universal application of human rights enforced in Indonesia and whether or not the articles contained in the Blasphemy Law in Indonesia are properly resolved in resolving various blasphemy issues in Indonesia.

Keywords: Blasphemy Law- Human Rights- Blasphemy Issues

Topic: Law