The Legal Comparison Concerning the Legislation Policy of Criminal Acts Towards Religion and Religious Life in the Books of Indonesian Criminal Law Year 2018 and Wetboek Van Strafrecht Year 2014

Abstract

This paper aims at comparing legislation regarding criminal acts against religion and religious life as well as religious facilities in the National Criminal Code (RKUHP) drafted in July 2018 with the new Dutch Criminal Law (Wetboek van Strafrecht) in 2014. This research was carried out through normative juridical research methods and legal comparisons. The type of data used in this study is focused on secondary data further divided into primary, secondary and tertiary legal materials. The data collection in this study was conducted with a study of documentation and literature study, while the data analysis method in this study was qualitative and descriptive. The results of the study show that the legislation regarding criminal in fact acts against religion and religious life and religious facilities in the positive law in Indonesia, especially in the draft version of the national Criminal Code (RKUHP) in July 2018, which is a reflection that Indonesia adheres to the concept of the Pancasila law as a religious nation state, where all lives in Indonesia must be based on the trust in the One Godhead. The legislation policy (as the most strategic stage in the prevention of crime by using criminal law facilities) relating to criminal acts against religion and religious life and religious facilities in the July 2018 version of the Criminal Code (RKUHP) is based on the theory of Religionsschutz Theorie, Gefuhlsschutz Theorie and Friedensschutz Theorie. This is conducted solely because religion is a legal interest that must be protected. Insults or other similar things can interfere with religious life and endanger the peace and security of living in a society as well as endangering national unity and security. The results of the study also show that the legislation regarding criminal acts against religion and religious life and religious facilities as stipulated in the draft version of the national Criminal Code (RKUHP) version of July 2018 unlikely refers to the development of legislation regarding "Godslasteringswet" in the Netherlands. It is because the current legislation on "Godslasteringswet" in the Netherlands apparently is not regulating much about criminal acts against religion and religious life and religious facilities (legislation policies in the Netherlands are more inclined to humiliation and discrimination based on religion or at least disruption to activities worship). Thus, it can be stated that the legislation regarding criminal acts against religion and religious life and religious facilities is a typical legislative policy, and thus is in accordance with the needs of the Indonesians as a multi-religion nation