PENODAAN AGAMA DALAM PERSPEKTIF HUKUM PIDANA INDONESIA

Abstract

This study aims to determine the qualifications of the Criminal Act of Blasphemy according to the perspective of Indonesian criminal law. Decision Number 71 / Pid.Sus / 2020 / PN psb to analyze the Application of Criminal Law to the Criminal Act of Blasphemy of the Decision. The research method used in this study is normative legal research by taking a case approach and a statutory approach. Then, the sources of legal materials used are Legislation, books, journals, and the views of several experts which will later be analyzed thoroughly and explained from a perspective. The results of this study indicate that (1) Article 156 a letter a of the Criminal Code (Criminal Code) has met the qualifications of the Criminal Act of Blasphemy in the decision and is qualified in a formal offense, so that the qualifications of the Criminal Act of Blasphemy are met. (2) the application of the law in the decision, the public prosecutor has been right in giving his indictment by giving a Single indictment and the judge in imposing the sentence has not or in other words is still light, appropriate considering the defendant's actions, considering the maximum imprisonment is 5 (five) years, considering the defendant's actions have fulfilled the elements in Article 156 a letter a of the Criminal Code, but according to the author it is not enough because the act is blasphemy involving religion.