Proceedings of the 2nd Borobudur International Symposium on Humanities and Social Sciences, BIS-HSS 2020, 18 November 2020, Magelang, Central Java, Indonesia

Research Article

Dealing with Blasphemy Laws in Indonesia

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  • @INPROCEEDINGS{10.4108/eai.18-11-2020.2311612,
        author={Heru  Susetyo and Abdurakhman  Abdurakhman and Farida  Prihatini and Nurindah  Hilimi and Intan Mahabah  Nabila and Ira  Apriyanti and Suri  Rahmadhani},
        title={Dealing with Blasphemy Laws in Indonesia},
        proceedings={Proceedings of the 2nd Borobudur International Symposium on Humanities and Social Sciences, BIS-HSS 2020, 18 November 2020, Magelang, Central Java, Indonesia},
        publisher={EAI},
        proceedings_a={BIS-HSS},
        year={2021},
        month={9},
        keywords={blasphemy law religion effectiveness of law enforcement},
        doi={10.4108/eai.18-11-2020.2311612}
    }
    
  • Heru Susetyo
    Abdurakhman Abdurakhman
    Farida Prihatini
    Nurindah Hilimi
    Intan Mahabah Nabila
    Ira Apriyanti
    Suri Rahmadhani
    Year: 2021
    Dealing with Blasphemy Laws in Indonesia
    BIS-HSS
    EAI
    DOI: 10.4108/eai.18-11-2020.2311612
Heru Susetyo1,*, Abdurakhman Abdurakhman2, Farida Prihatini1, Nurindah Hilimi3, Intan Mahabah Nabila4, Ira Apriyanti4, Suri Rahmadhani4
  • 1: Faculty of Law Department of Law and Society, Universitas Indonesia, Indonesia
  • 2: Faculty of Humanities Department of History, Universitas Indonesia, Indonesia
  • 3: Alumni of Faculty of Law Department of Criminal Law, Universitas Indonesia, Indonesia
  • 4: Alumni of Faculty of Law Department of Administrative Law, Universitas Indonesia, Indonesia
*Contact email: hsusetyo@ui.ac.id

Abstract

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 case 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. In upholding human rights development in blasphemy, the National Commission on Human Rights has also made efforts by establishing a Standard of Norms and Regulations on Freedom of Religion and Belief. Therefore, this research paper will discuss 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 in the Blasphemy Law in Indonesia are properly resolved in resolving various blasphemy issues in Indonesia.