Penerapan Pasal 156a Kuhp sebagai Delik Penodaan Agama

Abstract

This study aims to find out about the exact meaning related to elements in public in Article 156A of the Criminal Code. This choice was motivated by the vagueness of the law related to the elements in Article 156A of the Criminal Code. The author's type of research is a type of normative juridical research with a statutory approach, a historical approach and a conceptual approach. The results of this study found that the elements in Article 156A of the Criminal Code have a blurring of meaning due to inadequate explanations of interpretation and many errors in the practice of using the article. In addition, this study also found that the regulation of religious offenses is contained in several other articles in the Criminal Code. In this regard, the author recommends that more detailed arrangements be made and also with clear interpretations so that the procedures carried out arrive at a decision that guarantees the implementation of legal certainty and provides a sense of justice that is as fair as possible. The birth of Presidential Decree No. 1 / PNPS / 1965 cannot be separated from the role of KH Saifudin Zuhri who served as Minister of Religious Affairs from March 21, 1962 to October 11, 1967. KH Saifudin Zuhri considered Presidential Decree No. 1/PNPS/1965 necessary after political agitation carried out by the PKI which was considered to be agitating for atheism in order to undermine the credibility of religion and religious groups, The spirit of victory of the communists from China and Vietnam, the Bangkuning incident, the Rat Meat Propaganda incident, as well as other events that finally inspired him to encourage Sukarno as the Great Leader of the Revolution who had absolute authority gave birth to Presidential Decree Number 1 of 1965 concerning the Prevention of Abuse and / or Blasphemy.