A Comparative Study of Blasphemy Law in Indonesia and America: Religious and Legal Aspects

Abstract

Article 29 of the 1945 Constitution states that the state is based on the One Godhead and the state guarantees the independence of each resident to embrace their own religion and to worship according to their religion and beliefs. The United States guarantees the freedom of worship and practice of religion for every citizen. This is stated in the first amendment to the United States Constitution which reads, "Congress does not make laws regarding the formation of a religion or prohibit freedom of religion; or restrict freedom of speech, or freedom of the press, or the right to peaceful assembly, and the right to petition for demanded compensation and lodged a complaint with the government." Based on the constitutions of the two countries, it is clear that freedom of religion and the right to embrace religion are protected by the state and everyone is obliged to respect the beliefs held. Although constitutionally freedom of religion has been regulated by each country, the potential for criminal acts of blasphemy still exists. The policies of two different countries are influenced by the government system adopted by Indonesia using the Criminal Code as a basis for punishment for perpetrators of blasphemy, while the United States does not federally regulate blasphemy, but states are given the authority to provide protection for their citizens by making legal products that impose penalties for blasphemy.