Blasphemy Law and Public Neutrality in Indonesia

Nalle Victor Imanuel W.
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Nalle Victor Imanuel W.: Faculty of Law, Darma Cendika Catholic University, Surabaya, Indonesia

Mediterranean Journal of Social Sciences, 2017, vol. 8, issue 2, 57-62

Abstract: Indonesia has the potential for social conflict and violence due to blasphemy. Currently, Indonesia has a blasphemy law that has been in effect since 1965. The blasphemy law formed on political factors and tend to ignore the public neutrality. Recently due to a case of blasphemy by the Governor of Jakarta, relevance of blasphemy law be discussed again. This paper analyzes the weakness of the blasphemy laws that regulated in Law No. 1/1965 and interpretation of the Constitutional Court on the Law No. 1/1965. The analysis in this paper, by statute approach, conceptual approach, and case approach, shows the weakness of Law No. 1/1965 in putting itself as an entity that is neutral in matters of religion. This weakness caused Law No. 1/1965 set the Government as the interpreter of the religion scriptures that potentially made the state can not neutral. Therefore, the criminalization of blasphemy should be based on criteria without involving the state as an interpreter of the theological doctrine.

Keywords: constitutional right; blasphemy; religious interpretation; criminalization; public neutrality (search for similar items in EconPapers)
Date: 2017
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Persistent link: https://EconPapers.repec.org/RePEc:vrs:mjsosc:v:8:y:2017:i:2:p:57-62:n:34

DOI: 10.5901/mjss.2017.v8n2p57

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