Politik Hukum Penistaan Agama Perspektif Rudolf Stammler

Abstract

The conflict based on religion is a very sensitive issue in various countries of the world. Indonesia as a godly state as contained in the state philosophy of the first precepts Pancasila has also given birth to special regulations in dealing with the defamation problem contained in Law No. 1 PNPS 1965. Using a historical approach, this legal research uses a type of normative legal research. Rudolf Stamler's theory, which became the knife of analysis in this study, showed that the blasphemy law was formed with a repressive pattern in which the state with its power to make laws and regulations forced both politically and legally. However, the presence of repressive law is the most appropriate solution when viewed from the historical record of the conflict in Indonesia which is motivated by the issue of religion. So that under the ideals of the law, the accuracy of the legislation at that time should be adjusted to the conditions of the nation to create a law that is responsive and fair

Offense of Contempt Against Government in Law Number 1 of 2023 Concerning Criminal Law Code From Constitutionalism Perspective

“…It has already been explained that the right to express an opinion is the same as giving criticism, especially in the context of this research, criticizing the President and Vice President, this matter should not be regulated again in Law number 1 of 2023 concerning the Criminal Law Code, because it contradicts Article 28E paragraph 3 which clearly regulates the right to express opinions. As we also know, the quality of law enforcement in Indonesia is currently not in line with the legal needs of society (Sholehudin, 2020), there are still many law enforcers who use the law for the benefit of certain people and with the norm of delict returned, the tendency to be used for certain interests is higher than the interests of human rights, so that this tends to harm people's rights, so that the resulting law is conservative or orthodox (Marpaung, 2011), so that what happens is politics is more determinant of law than law should be determinant of politics (Sulaiman, 2017).…”

The Alternative Concepts of Blasphemy Law in Indonesia: Legal Comparison with Ireland and Canada

“…Accordingly, blasphemy still exists not only in Muslimmajority countries but also in other non-Muslimmajority states. (Sholehudin, 2020) Undeniably, blasphemy is still a debatable topic around the world. On the one hand, from the perspective of those who support its criminalisation, blasphemy law is necessary to protect individuals, religions, or any sacred individuals or objects from anything considered disrespectful.…”