Abstract
<p>This study explores the future implementation of blasphemy law in Indonesia. This research suggests some recommendations for Indonesian blasphemy law by looking at different blasphemy policy options in Ireland and Canada. This research will focus on the principle of legal certainty. Legal certainty is an essential aspect for criminal law to avoid state arbitrariness and to have predictability. The results of this research indicate that some aspects of Indonesian blasphemy law may be reconstructed in five ways: expanding the protected religions to include the minority religions, defining explicit limitations, specifying <em>mens</em><em> </em><em>rea </em>element, measuring the ‘threat to public’ elements, and more professional law enforcement officers. </p><p><strong><br /></strong></p><p><strong>Keywords:</strong> Blasphemy; Indonesia; Ireland; Canada; Comparative.</p>
Highlights
Later, Joshua was reported to the police for blasphemy against Islam as he allegedly insults the religion
The result of this study shows that blasphemy laws are heterogeneously written by the national legislation of Indonesia, Ireland, and Canada
Article 296 (2) of the Canadian Criminal Code stated that it would be a question of fact to determine a blasphemous libel. It means that what is considered as blasphemy in Canada must be resolved by the jury at trial (Patrick, 2008)
Summary
Joshua was reported to the police for blasphemy against Islam as he allegedly insults the religion. The poem triggered the Islamic group to report her to the police for alleged blasphemy In her poem, she declared that the konde (the traditional Indonesian bun) is more beautiful than the niqab and the Indonesian ballad is more melodious than the adzan (the Islamic praying call) Previously, in May 2017, Jakarta’s former governor, Basuki Tjahaja Purnama, better known as Ahok, was sentenced to two years imprisonment for blasphemy against Islam. She declared that the konde (the traditional Indonesian bun) is more beautiful than the niqab and the Indonesian ballad is more melodious than the adzan (the Islamic praying call) Previously, in May 2017, Jakarta’s former governor, Basuki Tjahaja Purnama, better known as Ahok, was sentenced to two years imprisonment for blasphemy against Islam He was found guilty after referring to a verse from the Qur’an during his campaign. He told the voters not to be misled by any religious leaders who use that verse, to make a justification that Muslims should not have non-Muslims leaders (J. Fenton, 2016)
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