Abstract

This study aims to analyze and find weaknesses in regulations and carry out reconstruction of regulations on freedom of religion and belief in ensuring fair legal treatment in empirical-Juridical Research. The results of the research show that the regulations on freedom of religion and belief in guaranteeing fair legal treatment by realizing legal protection for adherents of religions and minority beliefs are not yet fair as there is still discrimination that occurs to minorities, therefore reconstructing Article 1 of Law Number 1/PNPS/1965 concerning the prevention, abuse, and/or blasphemy of religion and Reconstructing the Law of the Republic of Indonesia Number 1 of 2023 (which will take effect after three years from the date of promulgation or three years after January 2, 2023), Concerning the Criminal Code specifically in Chapter VII concerning Crimes Against Religion, Beliefs, and Religious or Belief Life, Article 300 reads: "Any person in public who" is reconstructed becomes "everyone who" commit acts of a hostile nature; express hatred or hostility; or incitement to violence, or discrimination, against religion, other people's beliefs, groups, or groups on the basis of religion or belief in Indonesia, shall be punished with imprisonment for a maximum of 3 (three) years or a maximum fine of category IV.

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