Observer: offence defame of Religion Elements of Public Unrest

Criminal Law Expert, Suhardi Somomoeljono rate is actually very easy to make a proof of the case of blasphemy. But why is it finally made so complicated, as for the case of Basuki Tjahaja Purnama or Ahok.

“The offense against religion is one of the elements of public unrest,” said the former Chairman of the Indonesian Lawyers / Lawyers Association (HAPI), Monday (7/11).

In criminal law, he continued, Article. 156 (a) ‘menista’ in book 2 Chapter XVI of the Criminal Code does not need ‘animus in juriandi’ ie ‘intention to insult’ even by the Supreme Court of the Republic of Indonesia, the act is defined ‘in the form of humiliation’ read Supreme Court no.37K / Kr / 1957.21.12.1957 juncto no.71K / Kr / 1973.14.7.1976.

The criminal law also, according to him teach if there is a crime, law enforcement can immediately make preventive efforts. So no need to wait for the consequences of the deed (loss), must work immediately so threats to the interests of the law appear.

For example the act of inciting, blasphemy against God. In fact, he said, in the criminal law of the Netherlands a criminal act of blasphemy against God, prosecutors need not prove, that there is a feeling of offensive action can be taken. Because the offense against religion is one element of unrest in the community.

Source: http://www.republika.co.id/berita/nasional/hukum/16/11/08/ogayb4330-pengamat-delik-menista-agama-unsurnya-keresahan-masyarakat



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