ANALISIS YURIDIS PENODAAN AGAMA DALAM HUKUM PIDANA INDONESIA DITINJAU DARI PERSPEKTIF KEPASTIAN HUKUM

Freedom of religion is the right that must not be violated. Religion-based conflicts in a pluralistic society are very likely to occur. The Blasphemy Law was motivated by conflict on the basis of religion and was intended to protect the religions practiced in Indonesia. Regulations regarding the offense of blasphemy in Indonesian criminal law are regulated in the criminal law system. It is hoped that regulations on religious blasphemy can prevent and protect religions practiced in Indonesia, and therefore must be able to provide legal certainty. However, in practice, the regulation of desecration offenses is considered not to provide legal certainty and is a tool to criminalize minority groups. This research analyzes criminal acts of blasphemy in Indonesian criminal law with a research focus on the concept and regulation of criminal acts of religious blasphemy in Indonesian criminal law, as well as legal certainty in enforcing criminal acts of religious blasphemy. This research uses normative juridical research methods with a history approach, statute approach, conceptual approach and case approach. The data used is secondary data, namely in the form of primary legal materials and secondary legal materials. Based on the results of research in this thesis, the concept of religious blasphemy in Indonesia refers to acts that are insulting and hostile to a religion and acts that are insulting and hostile to a religion. The regulation of religious blasphemy offenses is regulated in the PNPS Law No.1 of 1965, Article 156a of the Criminal Code, Article 300 of the new Criminal Code, and Article 28 paragraph (2) of the ITE Law. The elements of the offense of blasphemy include the element of intent, actions in public, and elements of actions or words that are insulting or hostile. The offense of blasphemy does not yet provide legal certainty because the formulation of norms is unclear and can be interpreted multiple times. The enforcement was not carried out well because the elements of the offense in the regulation of religious blasphemy were not implemented properly and in some cases the enforcement was influenced by public pressure and some cases did not fulfill the elements of the offense of religious blasphemy so that it could not be said to be a criminal offense of religious blasphemy.

Keywords: Blasphemy, Criminal Law, Legal Certainty.