PENISTAAN AGAMA DALAM PERSPEKTIF HUKUM POSITIF DAN ISLAM

Studi Kasus Dugaan Penistaan Agama oleh Basuki Tjahaya Purnama(Ahok)

Abstract

This study discusses the defamation of religion which became a hot topic among
Indonesian society today. As a lot of news about it in the print and electronic
media. This issue drew public attention back, one of which stems from the release
of video footage Tjahaja Basuki Purnama (Ahok) quoting Surah Al Maidah verse
51. In the concept of the crime of blasphemy carries the consequences of an act of
tarnishing religion. Policy formulation of the crime of defamation of religion shows
that the legal interest protected is religion itself. Defamation of religion have been
decided by the Constitutional Court as a criminal offense that is not contrary to the
1945 Constitution, and therefore still workable and ensnare anyone suspected of
doing so. In Islam, the Quran has a way to resolve cases of defamation of religion
as in Surat an-Nisa verse 140 and surah Al-An'am verse 68.