Not Containing Blasphemy of Religion, New Criminal Code Guarantees Freedom of Religion and Belief
Jakarta — Not containing the blasphemy article as contained in the old Dutch-era Criminal Code, the new National Criminal Code is considered capable of guaranteeing freedom of religion and belief in society.
The main expert at the Presidential Staff Office (KSP), Rumadi Ahmad firmly denied the existence of the notion that it seemed as if the Criminal Code (KUHP) that had just been passed by the DPR RI some time ago would threaten freedom of religion.
According to him, this opinion is an opinion that is clearly misleading, because it is completely not accompanied by a concrete explanation of aspects of the Criminal Code in it.
“If what is meant is related to religious offenses as stipulated in articles 300-305, this opinion is not entirely correct,” said Rumadi
Instead of threatening freedom of expression, for him, the religious offenses regulated in the new Criminal Code have been formulated much better than the old Dutch colonial Criminal Code.
Because indeed the religious offense is regulated in such a way related to acts that are hostile, hateful, inciting to violence, to discrimination of religion, other people’s beliefs and groups or groups based on religion and belief.
In fact, in order to avoid the possibility of misuse of the offense, it has been clearly regulated in Article 300.
“To avoid the possibility of misuse in its implementation, Article 300 explains that the offense cannot be used to punish acts or written statements,” said Rumadi.
Then, things that are limited are not just written statements, but also verbal utterances, which if they are conveyed objectively to their own circle or in a scientific context.
“Orally, which is carried out objectively and limited to one’s own circle, or is scientific in nature regarding a religion or belief accompanied by efforts to avoid words or sentences that are hostile, hateful or incitement,” he explained.
Rumadi added that further explanation and emphasis on the criteria for people who could be included in the offense or not, is very important because indeed so far, religious offenses have been applied excessively so that there have been many victims in the name of ‘religious blasphemy’.
The KSP Main Expert emphasized that the religious offenses contained in the new Criminal Code were even able to provide very clear protection to minority groups.
Mainly minority groups such as adherents of religious beliefs, which were previously not explicitly mentioned in the old Dutch-era Criminal Code.
“This can be seen in the title of CHAPTER VII of the new Criminal Code which contains 6 articles (articles 300-305), namely Crimes Against Religion, Belief, and Religious Life or Beliefs,” he said.
Therefore, according to him, the new Criminal Code does not threaten freedom of religion and belief in society, but instead provides clear protection and guarantees.
“For example, the new Criminal Code no longer contains the norm of ‘blasphemy of religion’ as in the old Criminal Code which was much questioned by activists,” said Rumadi.
“Anyone who closely follows the process of discussing religious offenses will clearly see that there have been substantial improvements from the old Criminal Code,” he added.
