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The Crime of Blasphemy in Indonesia: A Comparative Study


 
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1. Title Title of document The Crime of Blasphemy in Indonesia: A Comparative Study
 
2. Creator Author's name, affiliation, country Abdullah Abdullah; Faculty of Sharia State Islamic Religious Institute Lhokseumawe, Lhokseumawe; Indonesia
 
3. Subject Discipline(s)
 
3. Subject Keyword(s) Criminal Policy; Corruption; Fisheries
 
4. Description Abstract Introduction: Religion Blasphemy has occasionally been committed in numerous media. Blasphemy instances that started out in print media have since proliferated in the virtual world thanks to numerous features and platforms. Because freedom of religion is guaranteed and protected by the Indonesian Constitution, anyone who blasphemes against a particular faith may face severe legal consequences.Purposes of the Research:  This study aims at analyzing the offense of blasphemy against religion in the perspective of Islamic law and Indonesian law.Methods of the Research: This type of research is legalistic, doctrinal or normative. The approach used in normative or legalistic research include a concept approach, a statute approach, historical approach, case approach, and comparative approach. However, this study only uses comparative approach since it analyzes of regarding blasphemous crimes in perspective Indonesian and Islamic criminal laws.Results of the Research: The government enacted various laws and rules to maintain religious harmony. However, in terms of law enforcement, are the provisions most frequently used to charge those who commit religious blasphemy. Whereas from the standpoint of Islamic law, blasphemy can take the form of defiling (tadnis), insulting (istihza), ridiculing (syatama), insulting (saba), cursing (taq), and challenging Islamic principles as well as engaging in actions that diverge from Islamic teachings (bid'ah). The Qur'an and the Hadith contain prohibitions against blasphemous acts, but the means of punishment are found in the nomenclature of Ijtihad of the Ulama, which was later incorporated into the laws of many Islamic nations. As a result, the formulation of punishments for blasphemers varies greatly.
 
5. Publisher Organizing agency, location Faculty of Law, Universitas Pattimura
 
6. Contributor Sponsor(s) Faculty of Sharia State Islamic Religious Institute Lhokseumawe
 
7. Date (YYYY-MM-DD) 2023-04-19
 
8. Type Status & genre Peer-reviewed Article
 
8. Type Type
 
9. Format File format PDF
 
10. Identifier Uniform Resource Identifier https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1374
 
10. Identifier Digital Object Identifier 10.47268/sasi.v29i2.1374
 
11. Source Title; vol., no. (year) SASI; Volume 29 Issue 2, June 2023
 
12. Language English=en en
 
13. Relation Supp. Files The Crime of Blasphemy in Indonesia: A Comparative Study (132KB)
 
14. Coverage Geo-spatial location, chronological period, research sample (gender, age, etc.)
 
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License: The SASI Journal is disseminated based on the Creative Commons Attribution-NonCommercial 4.0 International license terms. This license allows anyone to copy and redistribute this material in any form or format, compose, modify, and make derivatives of this material for any purpose. You cannot use this material for commercial purposes. You must specify an appropriate name, include a link to the license, and certify that any changes have been made. You can do this in a way that is appropriate but does not imply that the licensor supports you or your use.

 

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This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.