Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


The Influence of Constitutional Court Decision Number 140/PUU-VII/2009 Againts Law Enforcement of Blasphemy Law in the Indonesian Context

Author(s): Somawijaya, Ajie Ramdan

 The Constitutional Court Decision directly influences law enforcement and reform law. Because judges of the court make the interpretation of the law through legal considerations then decide whether the legal norms in the article of the law contradict the 1945 Constitution. This article will analyse an influence of the case for judicial review of the blasphemy law in the Indonesian Constitutional Court. It questions how the relationship between verdict and law enforcement was implemented and interpreted, and how should the concept of renewal of blasphemy law in the draft criminal code Post Constitutional Court Decision. It will analyse some cases in law enforcement by critically analysing the criminal offence of insulting a religion in the Indonesian context and criticizing a draft criminal code. Blasphemy Law has to give a guarantee for all citizens who adhere to religion and faith in Indonesia. Non-penal in draft criminal code can be given by providing awareness to the person suspected of committing a crime of blasphemy so that the person realizes that what he did was wrong. The study of research is the study of documents. It is carried out by examining library materials or secondary data as the basic material to be examined.

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