The Urgency of Religious-Blasphemy Case Arrangement in the Frame of Diversity towards National Criminal Law Reform

Abstract

Indonesia is an independent state with One Godly Belief based on just civilized humanity. Amid the diversity, and to guarantee togetherness within the framework of state life, the state desperately needs the formulation of common goals or ideals commonly referred to as state philosophy or state ideals, which function as grodslag philosophies and common platform for citizens in the context of state life. This diversity is recognized on the Indonesian emblem of Garuda Pancasila 'Bhinneka Tunggal Ika'. The notion of the importance of regulation regarding the criminal offense of blasphemy is the realization of the first principle in the Pancasila, namely the Belief in the One and Only God. This study analyzed the new Draft of the Criminal Code submitted by the Government to the Indonesian Parliament in mid-2015 to replace the Criminal Code that is inherited from the era of the Dutch Colonial. The new Draft of the Criminal Code contains important changes, namely the existence of reconciliation efforts and revitalization of blasphemy acts. This change becomes interesting to be examined, especially from the urgency of the existence of regulation on blasphemy in the frame of diversity and aspects of penal reform. It also explains that the issue of blasphemy is very sensitive in Indonesian society. Constitutional Court Decree Number 140/PUU-VII/2009 is the foundation of the re-conception and revitalization of blasphemy in Penal Reform.

Questioning the Future of Death Penalty in Indonesia: A Hermeneutic Analysis

“…The creation of a new Criminal Code is a solution that is considered appropriate for the Indonesian nation which must be harmonized with legal politics, conditions and developments in public life, a state that has the aim of respecting and upholding human rights, according to God Almighty, fair and civilized humanity, Indonesian unity, Democracy Led by Wisdom and Justice, and Social Justice for All Indonesian People (Somawijaya & Ramdan, 2018) The objective of this research was to conduct a thorough examination of the future of the death penalty in Indonesia and to assess how the death sentence is interpreted within the context of Indonesian law using a hermeneutic approach. The review of the future of death penalty in hermeneutic aspect is expected to be a trigger for other studies that can enrich the repertoire of legal science, especially criminal law.…”