JRSSEM 2022, Vol. 01, No. 9, 1501 – 1516

E-ISSN: 2807 - 6311, P-ISSN: 2807 - 6494

DOI : 10.36418/jrssem.v1i9.149 https://jrssem.publikasiindonesia.id/index.php/jrssem/index

RELIGIOUS DIVERSITY AND ITS LEGAL PROBLEMS

Husni

Zulfan

Teuku Yudi Afrizal

Nurarafah

Sumiadi

1,2,3,4,5

Universitas Malikussaleh, Aceh, Indonesia

e-mail: husn[email protected]c.id

, zulfan@unimal.ac.id

, teukuyudiafrizal@unimal.ac.id

nurarafah@unimal.ac.id

, sumiadi@unimal.ac.id

*Correspondence: sumiadi@unimal.ac.id

Submitted: 24 March 2022, Revised: 04 April 2022, Accepted: 16 April 2022

Abstract. The basis for freedom of religion in Indonesia is regulated in Article 28E, Article 28I,

Article 29 of the 1945 Constitution and Article 4, Article 22 of Law Number 39 of 1999 concerning

Human Rights. However, this freedom is not absolute and must be limited to maintain religious

harmony in Indonesia. This study aims to determine the actions that often trigger religious disputes

with blasphemy or blasphemy of religion either directly or through various online media. This type

of research is doctrinal or normative. In this study, all norms, legal principles, legal documents,

court decisions, laws and regulations related to religious freedom in Indonesia will be studied.

Based on the results of research to maintain religious harmony, the government issued Law

Number 1 of 1946 concerning the Criminal Code, Law Number 1/PNPS/1965 concerning the

Prevention of Abuse and/or Blasphemy of Religion, Law Number 40 of 2008 concerning the

Elimination of Race and Religious Blasphemy. Religion. Ethnic Discrimination, Law Number 19 of

2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Transaction

Information. In addition to legal action against perpetrators of blasphemy, the government and

the community must work together to maintain religious tolerance and prevent fanaticism towards

their respective religious identities so that it has the potential to cause horizontal conflicts between

religious adherents in Indonesia.

Keywords: diversity; religious; legal issues; Indonesia.

Husni, Zulfan, Teuku Yudi Afrizal, Nurarafah, Sumiadi                                                         
 
| 1502
 
 
DOI : 10.36418/jrssem.v1i9.149      https://jrssem.publikasiindonesia.id/index.php/jrssem/index 
INTRODUCTION 
 
In  Indonesia,  there  are  laws  and 
regulations  that  explicitly  guarantee  and 
protect  the  freedom  of  religious  diversity 
(Chiodelli & Moroni, 2017). Article 28 letter 
E of the 1945 Constitution of the Republic 
of  Indonesia  stipulates  that  everyone  has 
the right to embrace religion and worship 
according to his religion, choose education 
and  teaching,  choose  a  job,  choose 
citizenship, choose a place to live and leave 
and  has  the  right  to  return  to  Indonesia. 
Freedom of religion is reaffirmed in Article 
29 of the 1945 Constitution of the Republic 
of  Indonesia  which  states  that  the 
Indonesian state is based on one God and 
the State guarantees the independence of 
each resident to embrace their own religion 
and worship according to their religion and 
beliefs  (Li,  Cohen,  Weeden,  &  Kenrick, 
2010).  
Legalization  in  the  Indonesian 
constitution would be enough to show that 
religion  has  a  very  important  position  in 
this  country  (Li  et  al.,  2010).  Freedom  of 
religion is freedom to worship according to 
one's  religion  and  beliefs.  In  Indonesia, 
every  citizen  is  required  to  adhere  to  a 
religion  or  belief  system  that  has  been 
ratified by the state, however, this freedom 
does  not  mean  freedom  not  to  have  a 
religion (Pietrzak et al., 2010). This  is  very 
different  from  liberal  countries  which 
provide religious freedom for their citizens 
but also provide freedom for their citizens 
not  to  adhere  to  a  certain  religion 
(atheism).  In  Article  4  and  Article  22 
paragraph  1-2  of  Law  no.  39  of  1999 
concerning  Human  Rights  states  that 
religion is a right that cannot be abolished 
or eliminated under any circumstances and 
by  any  party.  However,  the  state  gives 
freedom  to  the  people  to  follow  the 
religion  they  believe  in,  but  cannot 
determine or force a person to choose or 
not  to  choose  a  particular  religion  and 
belief  (Willard  &  Norenzayan,  2013); 
(Willard & Norenzayan, 2013).  
Religious  diversity  in  Indonesia  is  one 
part of the reflection of human rights that 
must not be eliminated and curbed under 
any  circumstances  (Handayani,  2016); 
(Ying, Liu, Bao, & Zhou, 2017); (Chai, Koh, 
Tsai,  &  Tan,  2011);  (Pratt  et  al.,  2012). 
However,  unlimited  freedom  can  lead  to 
arrogance  and  look  down  on  other 
religions so that this can endanger religious 
harmony.  The  very  rapid  development  of 
information  and  communication 
technology has provided free opportunities 
for  all  religious  adherents  to  broadcast 
(Verma,  Sinha, &  Shukla,  2021);  (McClure, 
Acquavita, Harding, & Stitzer, 2013); (Wu et 
al.,  2012),  spread  or  preach  their  religion. 
However, the freedom of religious diversity 
is  often  misused  so  that  it  creates  an 
attitude  of  intolerance,  discrimination, 
prejudice, hatred, and violence. 
To  maintain  religious  harmony  and 
tolerance in Indonesia, the government has 
issued  several  laws  and  regulations  to 
regulate and discipline adherents of certain 
religions in carrying out their worship and 
beliefs so as not to disturb, insult and insult 
other  religions.  As  a  result  of  the  many 
religions and beliefs in Indonesia, there are 
often  frictions,  conflicts  and  disputes 
between religious adherents which lead to 
anarchic  actions  by  burning  houses  of 
worship,  injuring  and  killing  adherents  of 
certain religions. Therefore, this article will 

1503 | Religious Diversity and its Legal Problems

describe the regulation of religious

diversity in Indonesia, the government's

authority to manage and protect the

religious interests of every adherent of a

recognized religion in Indonesia and

analyze several cases of blasphemy or

blasphemy in Indonesia.

METHODS

This type of research is doctrinal or

normative. In this study, all norms, legal

principles, legal documents, court

decisions, laws and regulations related to

freedom of religious diversity in Indonesia

will be studied. The approach used in this

research is the law (statute approach). The

legal approach aims to find, explain, study,

analyze and systematically present facts,

principles, concepts, theories, laws so as to

find new knowledge and ideas to be

suggested for a change or renewal.

RESULTS AND DISCUSSION

1. Regulation of Religious Diversity in

Indonesia Indonesia's

Population consists of various

religions and different beliefs. However,

the largest number of adherents or

adherents of religions in Indonesia are

Islam, Christianity, Catholicism,

Hinduism, Buddhism and Confucianism

(Confucius). In addition, the State also

recognizes the existence of a belief or

appreciation of local beliefs and

religions that are embraced by a small

part of the Indonesian people. Based on

the decision of the Constitutional Court

No. 97/PUU-XIV/2016 states that the

flow of belief, appreciation of local

beliefs or religions is a human right that

cannot be limited and must be

protected. Every adherent or follower of

a belief can be a person's religious

identity.

Freedom to adhere to a certain

religion in Indonesia is guaranteed and

protected by the state. According to

Mahfud MD, Indonesia is a godly and

religious country that protects all

adherents of a particular religion

regardless of the size of the adherents

of each religion. Therefore, the state

has a constitutional obligation

(constitutional obligation/judicial

review) to maintain religious harmony

in Indonesia.

Pancasila as the philosophical basis

of the State of Indonesia expressly

states that Indonesia is a divine state

that recognizes the oneness of God

through the diversity of religions in

Indonesia. Religion as the most

important part that cannot be

separated from all aspects of the state,

even the religious spirit in Indonesia

has become a force in the struggle for

the independence of the Indonesian

State and defends that independence

from all threats. However, Indonesia is

not a country based on a particular

religion but also cannot be called a

secular state. Indonesia is a nationality

that recognizes the existence of religion

(religious Nation State). Indonesia is a

religious nation state so that religion is

used as a source of law, philosophy and

morals in the life of the state.

The state gives respect and

guarantees to all religions in Indonesia

based on the Indonesian constitution,

Husni, Zulfan, Teuku Yudi Afrizal, Nurarafah, Sumiadi

| 1504

namely the 1945 Constitution of the

Republic of Indonesia (UUD 1945) and

Law no. 39 of 1999 concerning Human

Rights (UU HAM). In the law there are

two categories of religious diversity,

first, protection of the freedom to

embrace religion and secondly,

protection of the freedom to carry out

religious worship.

In the aspect of freedom to adhere

to a certain religion, there are several

provisions that can be used as a basis,

such as:

a. Article 28E paragraphs (1 and 2) of

the 1945 Constitution in

conjunction with Article 22

paragraph (1) of the Human Rights

Law, which regulates the freedom

to adhere to certain religions and

beliefs.

b. Article 28I paragraph (1) of the 1945

Constitution in conjunction with

Article 4 of the Human Rights Law

concerning the right to religion as

one of the human rights that cannot

be abolished under any

circumstances and by any party.

c. Article 29 paragraph (2) of the 1945

Constitution and Article 22

paragraph (2) of the Human Rights

Law which stipulates that the state

gives freedom to adhere to and

practice a certain religion for every

citizen and perform worship

according to the teachings of their

respective religions.

These provisions show that religion

in Indonesia is very pluralistic or

pluralistic. Everyone is obliged to

adhere to a religion or belief system

that is believed to be true. Religion and

beliefs have become the basic rights of

every Indonesian citizen. No one can

seize, reduce, abolish, impose certain

religions on adherents of other

religions. Even the State cannot

intervene in certain religious adherents

in carrying out worship according to

their respective beliefs. The Indonesian

state has placed the principle of "God"

as the main principle, so that it does not

provide the possibility of freedom to

have no religion (atheism).

In the second category, the state

guarantees protection in carrying out

religious worship as regulated in Article

28D, Article 28 E, Article 28G, Article 28I

and Article 28J of the 1945 Constitution.

In these various instruments it can be

concluded that:

1. All citizens have the right to

freedom of thought, belief and

religion. A person is free to choose

a certain religion that is believed to

be true without any intervention or

coercion from any party. Every

adherent of a certain religion is free

to carry out religious worship rituals

both in public and closed places.

2. No one has the authority to force

someone to embrace a certain

religion or change from one

religion to another.

3. Religious freedom can only be

limited by the state if there is a legal

order or law P Restrictions on

freedom of religion by law aim to

protect security and order in

freedom of religion.

1505 | Religious Diversity and its Legal Problems

In the Human Rights Law, there are

many provisions that regulate the right

to freedom of religion and belief, for

example Article 22 paragraph (1) which

stipulates that "Everyone is free to follow

their own religion. and to worship

according to his religion and belief.In

paragraph (2) of the same article it

stipulates "The State guarantees the

independence of every people embrace

their religion and to worship according

to religion and that belief”. This

instrument explicitly stipulates that

adherence to certain religions and

beliefs is a person's right that must be

protected and protected and respected

by the state.

One of the basic rights in religion is

that any person or party, even the state,

is not allowed to be discriminatory in all

aspects of religion. Article 3 paragraph

(3) of the Human Rights Law stipulates

that everyone entitled to the protection

of human rights and basic freedoms

human beings, without discrimination”.

This law emphasizes the principle of

non-derogable rights, where human

rights, including religious rights, cannot

be abolished by anyone at any time. In

Article 4 of the Human Rights Law it is

further emphasized that "The right to

life, the right not to be tortured, the right

to freedom". personality, thoughts and

conscience, the right to religion, the right

not to enslaved, the right to be

recognized as a person and equality in

the before the law, and the right not to

be prosecuted on the basis of

retroactively is a human right that

cannot be reduced under any

circumstances and by anyone.”

Freedom of religion in the Human

Rights Law is further strengthened in

Law no. 12 of 2005 concerning Civil and

Political Rights. The protection of the

right to freedom of religion and belief

is stated in Article 18 paragraph 1 which

stipulates that "Everyone has the right to

freedom of thought, belief and religious.”

The right to religion includes the right

to freedom to embrace a religion or

belief, either individually or together

with other people, as well as in public

or private places, to practice one's

religion or belief. In paragraph 2 of the

same law it is determined that "No one"

can also be forced to interfere with his

freedom to embrace a religion or belief

according to by choice."

The material contained in Law no.

12 of 2005 above explains that the right

to adhere to a certain religion and

belief is the right of every person, and

the state is the party that must

guarantee the protection, respect and

supervision of religion and its

adherents. The state has the authority

to prohibit and take action against a

certain person or religious group from

carrying out discriminatory actions and

all actions that encourage hatred,

hostility, conflict and disputes in the

name of religion.

Freedom of religion that is

protected by law is not an absolute

right (absolute) but is limited. Every

believer must obey certain signs or

conditions so that the exercise of the

right to freedom of religion does not

interfere with the rights of others, the

security and order of society, the nation

and the state. This limitation is

Husni, Zulfan, Teuku Yudi Afrizal, Nurarafah, Sumiadi

| 1506

contained in Article 73 of the Human

Rights Law which states that freedom is

only to guarantee the recognition and

respect for human rights and the

freedom of others, morality, public

order and the interests of the nation. In

Article 18 paragraph (3) of Law no. 12

of 2005 stipulates that freedom to

practice religion can only be limited by

several things, namely to protect

security, order, public morals or the

fundamental rights of others.

The regulation of religious diversity

is not a form of State intervention

against adherents or religious

adherents in carrying out their worship

and beliefs. The law enacted by the

government aims to maintain order and

harmony among religious communities

in Indonesia. The Joint Regulation of

the Ministry of Religion and the

Ministry of Home Affairs Number 8 & 9

of 2006 stipulates that every religious

believer is obliged to maintain good

relations between religious adherents

based on the principle of tolerance in

carrying out their religious teachings

based on Pancasila and the 1945

Constitution. According to Sodikin, this

regulation is not a form of intervention.

the government towards the beliefs of

the community, but the government's

efforts to maintain public security and

order from differences in

understanding in religious life in

Indonesia.

2. The Role of the Government in

Maintaining Religious Diversity in

Indonesia

Indonesia is one of the countries

that separates religion from the state.

However, this separation is not

absolute because some of the laws that

have been enacted are based on Islam

and the state provides opportunities for

some regions to implement Islamic law

in the administration of local

government, such as in the province of

Aceh, where the majority of the

population is Muslim. However,

Indonesia is not a religious country or a

country that is anti-religious. Indonesia

is a country based on Pancasila which is

closer to a secularist state system that

separates state or political affairs and

religious affairs. Separation does not

mean the state's hostility to religion,

but its neutrality in religious matters.

The idea of secularization was once

conveyed by Nurcholis Madjid , who

separated the interests of religion and

the state. He once stated that the state

is a rational and collective aspect of the

world. While religion is another aspect

of life (ukhrawi) which is spiritual and

personal. This idea immediately

received criticism from various experts.

One of his sharp criticisms is "Islam

does not only have a spiritual and

personal dimension, but also a worldly,

socio-collective dimension". It is like

faith that becomes the driving force for

doing social work. Thus, basically,

religion and the state have a

relationship that by nature cannot

separate themselves from each other.

According to Zainuddin, secularism

is a model of the relationship between

state and religion, which mediates

between the "religious state"

(theocratic) model and the "anti-

religious state" (atheist) model.

1507 | Religious Diversity and its Legal Problems

Although the Indonesian population

generally adheres to Islam, Indonesia is

not an Islamic state. However, based on

the concept of divinity contained in

Pancasila, especially in the first precept

which reads: "Belief in One Supreme

God," has placed religion as the most

important part in the administration of

government and recognizes the six

official religions in Indonesia.

Based on this, the State has the

authority to regulate the freedom and

diversity of religions in carrying out

their respective teachings and beliefs.

According to Hazairin, the duty of the

state is to maintain harmony and

harmony between religious

communities in carrying out their

worship. Meanwhile, regarding the

validity of the worship of a religion, it is

left to each religious institution that has

the authority and competence which is

considered to have the ability to

regulate matters related to their

respective religions.

Through the Ministry of Religion,

the government is fully responsible for

regulating, protecting and protecting

all religions in Indonesia. In Law no. 39

of 2008 concerning the Ministry of

State states that the Ministry of Religion

has the main task and function in

general is to provide guidance and

guidance in development in the field of

religion and religion, both concerning

religious life and relating to religious

and religious education. The main tasks

and functions are described in the form

of five main programs, namely

improving the quality of religious

harmony, increasing the quality of

religious education, improving the

quality of the implementation of Hajj

and Umrah, and improving governance.

The main tasks and functions

mentioned above are all directed at

guidance and guidance related to all

religions, which include Islam,

Christianity, Catholicism, Hinduism,

Buddhism and even Confucianism. In

carrying out its functions, roles and

duties, the Ministry of Religion must

coordinate with regional governments,

both provincial and district/city as

partners in maintaining the harmony of

religious communities. Based on Law

No. 9 of 2015 Jo. Law Number 23 of

2014 concerning Regional Government

stipulates that every province and

district/city government is given the

mandate to maintain and maintain

religious harmony in their area. The task

and role of the Regional Government in

maintaining religious diversity in

Indonesia is further strengthened by

Article 2 of the Joint Regulation of the

Minister of Religion and the Minister of

Home Affairs Numbers 8 and 9 of 2006

which states that the maintenance of

religious harmony is the shared

responsibility of religious communities,

regional governments and the central

government.

At the provincial level who is

responsible for maintaining religious

harmony is the Governor, while at the

Regency/City level who has the role and

responsibility to maintain freedom of

religious diversity is the Regent/Mayor.

Article 3 and Article 6 of the Joint

Regulation of the Minister of Religion

and the Minister of Home Affairs state

Husni, Zulfan, Teuku Yudi Afrizal, Nurarafah, Sumiadi

| 1508

that the duties and obligations of

governors, regents and mayors in

maintaining freedom of religious

diversity in Indonesia include:

a. Maintaining public peace and order,

including facilitating the realization

of religious harmony.

b. Coordinate the activities of vertical

agencies in the province in

maintaining religious harmony.

c. Fostering harmony, mutual

understanding, mutual respect, and

mutual trust among religious

communities.

d. Fostering and coordinating the tasks

of the Governor/Deputy Governor,

Regent/Deputy Regent and

Mayor/Deputy Mayor in the

administration of regional

government in the field of public

peace and order in religious life.

e. Fostering and coordinating the

camat, lurah, or village head in the

administration of regional

government in the field of public

peace and order in religious life.

f. Issuing a permit for the construction

of a house of worship.

Prosecutionof the active role of

regional leaders shows that the task of

maintaining religious harmony in the

regions is a task assigned to regional

leaders based on Law Number 23 of

2014 concerning Regional Government.

So, the task of maintaining harmony in

the region is not a task related to

doctrine or the service of religious affairs

but is only limited to maintaining

security and public order in carrying out

religious rituals and beliefs that live and

develop in the area.

Every local government must carry

out dialogue with religious and

community leaders, to accommodate

the aspirations and carry out the

demands of each religious community

organization in the form of

recommendations as input to the

government in making policies for

government leaders in the provinces,

cities and districts, take a humanist

approach in resolving disputes between

religious leaders, effective and

continuous socialization of every

government policy on freedom of

religious harmony.

3. Religious Diversity and Legal

Problems

The changing era, from the manual

era to the era of digitalization or

"internetization" makes the rate of

spreading news to the public faster

(Gelb & Longacre, 2012); (Rao, 2012).

News can be easily spread throughout

Indonesia through various mass media,

social media and other electronic media.

News that contains elements of hatred,

hostility and discrimination can provoke

and ignite the emotions of citizens

because it has disturbed the harmony of

religious, ethnic, racial and inter-group

(SARA) communities. The issue of SARA

has always been a sensitive issue in a

country as diverse as Indonesia. The

diversity of religions, ethnicities and

races on the one hand has a positive

impact on the development of nation

building (Pedersen & Bazilian, 2014);

(Koch, 2013). However, this plurality has

the potential as a source of horizontal

conflict.

1509 | Religious Diversity and its Legal Problems

One of the sensitive issues that

causes horizontal conflict is religious

diversity. there are various cases related

to the issue of religious non-tolerance

that have shaken the legal world in

Indonesia, for example the cases of

Cikesik, Ambon, Kupang, Poso and other

cases. The magnitude of the negative

impact of the various cases above, the

government must be serious in taking

anticipatory steps. If the issue of

intolerance is ignored, it will trigger

widespread horizontal conflict and kill

many innocent children.

Recently, we were surprised by a

report from the Indonesian Christian

Student Movement (GMKI) against the

famous preacher Ustaz Abdul Somad

(Ustaz UAS). Even the Christian religious

community has been reporting UAS

Ustaz through several community

organizations such as GMKI and the

Meo Brigade in East Nusa Tenggara. He

was accused of insulting Christianity and

damaging inter-religious relations in a

recitation held in a closed mosque and

the recitation was only for Muslims.

Although this news is not necessarily

true and his actions do not necessarily

violate the law, this issue has spread

rapidly among the public and has raised

pros and cons between religious

communities.

In addition, the case that once

shocked the Indonesian people was the

case of blasphemy or blasphemy of

religion by the Governor of DKI Basuki

Cahya Purnama (Governor Ahok). This

case began during Ahok's working visit

as the Governor of DKI Jakarta and at the

same time as a Candidate for the

Regional Head Election for the Governor

of DKI Jakarta for the 2018-2014 period.

During the working visit, Ahok delivered

a speech. The part of his speech was ".

so don't trust people, it's okay in your

heart you can't vote for me, right, you

were lied to using Al-Maidah 51, various

kinds of things, that's the right of the

father and mother, so if you are I feel like

I can't be elected because I'm afraid I'll go

to hell because I'm being fooled like that,

okay, Dad, because this is your personal

call, this program just goes on, so you

don't have to feel bad, in your conscience

you can't choose Ahok, you don't like

Ahok , but if I accept the program, it's not

good, so it's a debt of gratitude, don't

worry, ladies and gentlemen, if you don't

feel good, you'll die slowly from a stroke.”

Then, this statement was widely spread

in cyberspace through the upload of

Buni Yani's account on one of the social

media with the title "Blame Against

Religion?." As a result, Ahok was

reported by the Indonesian Ulema

Council (MUI) of South Sumatra and the

Secretary General of the Islamic

Defenders Front (FPI) on charges of

violating Article 156 a of the Criminal

Code in conjunction with article 28

paragraph (2) of Law no. 11 of 2008

concerning Electronic Transaction

Information (ITE).

Reports or accusations of someone

committing blasphemy or blasphemy

have become a trend in Indonesia.

Almost all reports relating to the issue of

religious diversity are associated with

blasphemy or blasphemy against

religion. Legally, there is no definite

definition of what constitutes

Husni, Zulfan, Teuku Yudi Afrizal, Nurarafah, Sumiadi

| 1510

“blasphemy of a religion” in court

decisions. In fact, in Indonesian criminal

law, there is no special regulation that

regulates the crime of blasphemy.

However, practically in the law

enforcement process there are several

provisions that are used to ensnare

perpetrators of blasphemy such as

Article 156 letter a of the Criminal Code.

In addition, the article on blasphemy

is applied to various forms of actions

that are considered insulting or

desecrating certain religions as

formulated in Law no. 1/PNPS/1965

concerning Prevention of Abuse and/or

Blasphemy of Religion. This law does not

provide a clear definition or limitation

regarding what constitutes “blasphemy

of a religion.” however, the limitations on

what actions can and cannot be

punished with this provision are only

found in the explanation of Article 4 of

Law no. 1/PNPS/1965, which states that

"the offense referred to here, is solely

intended to be hostile or insulting." The

explanation does not describe actions

that tarnish religion, but provides an

understanding of the intent to desecrate

religion. Furthermore, the explanation

supports the interpretation of the

intentions required as described above.

It interprets “essentially” as “merely” and

makes it clear that an action must be

specifically aimed at insulting or

engaging in hostility.

The law above emphasizes that

legal protection must be given to

followers of a religion whose religion

has been tainted as contained in the

following articles:

a. Article 1: “Everyone is prohibited

from intentionally telling public

stories, recommending or seeking

public support, to carry out

interpretations. concerning a religion

professed in Indonesia or carrying

out religious activities that resemble

the religious activities of that religion;

which interpretations and activities

deviate from the main points of the

religious teachings.

b. Article 2, paragraph (1): "Whoever

violates the provisions in Article 1 is

given an order and a stern warning to

stop his actions in a joint decision of

the Minister of Religion, the

Minister/Prosecutor General and the

Minister of Home Affairs." Article 2

paragraph (2) "If the violation referred

to in paragraph (1) is committed by an

organization or a sect of belief, then

the President of the Republic of

Indonesia may dissolve the

organization."

c. Article 3: If, after taking action by the

Minister of Religion together with the

Minister/Prosecutor General and the

Minister of Home Affairs or the

President of the Republic of

Indonesia according to the provisions

in Article 2 against a person,

organization or sect of belief, they

still continue to violate the provisions

in Article 1 , then the person,

adherent, member and/or member of

the management of the organization

concerned from that sect shall be

sentenced to a maximum

imprisonment of 5 years.

1511 | Religious Diversity and its Legal Problems

This law shows legal protection for

religious adherents in Indonesia which is

given to anyone who violates and

commits good deeds individually or in

groups so that the act is clear later if it

fulfills the elements in the law, the

activities and actions that have been

carried out have not automatically

become criminal. Blasphemy of religion,

but if it is repeated after a strong

warning and if it causes hostility, it is

called a criminal act, so the elements

contained in Article 3 and Article 4 of the

law are fulfilled. Actually, Article 4 wants

to punish those who express feelings (or

do actions) in public that contain

hostility, hatred and blasphemy against

the religion adhered to by a person.

Based on these provisions, a person can

be criminalized on charges of

blasphemy against a particular religion.

This is because it can disturb the peace

and harmony of religious communities

and can endanger/disturb public order.

Since the blasphemy article was

enacted, many individuals have been

subject to this article, ranging from the

1968 case of HB Jassin, Arswendo

Atmowilonto in 1990, Basuki Tjahaja

Purnama, the leader of Gafatar

Abdussalam alias Ahmad Musadeqto

the case of the alleged burning of the

Christian religious book (Bible) in Papua.

committed by a member of the

Indonesian National Army who was tried

at the Jayapura Military Court, Papua in

2017. All of them were charged with

insulting and blaspheming religion and

were charged with using several

provisions such as Article 156 of the

Criminal Code, Article 156 letter a of the

Criminal Code and Article 157 of the

Criminal Code. However, if the

blasphemy or blasphemy is carried out

through electronic media, law enforcers

often use Article 28 paragraph (2) of Law

no. 11 of 2008 concerning Electronic

Transaction Information.

From 1965 to 2000, Article 156a of

the Criminal Code was only used 10

times, but with the rapid atmosphere of

freedom and democracy this provision

was increasingly used after 1998.

Amnesty International noted that since

2005 there have been 106 people

charged and convicted using this article.

The spread of blasphemy cases covers

almost half of Indonesia's provinces.

Crouch noted that between 1965 and

2011, cases charged with Article 156a of

the Criminal Code covered 14 provinces,

with the main concentration on the

island of Java. Meanwhile, the Setara

Institute Report shows that from 1965 to

2017 there were 97 cases of blasphemy

with a very diverse context. Most

accusations of blasphemy occurred in

the context of differences in religious

understanding and errors in the

interpretation of the propositions in

certain teachings. In addition, the report

also states that the argument for

blasphemy is used as a tool to build and

maintain the status quo for religious

groups who are the majority in the midst

of religious communities.

There are many legal problems

regarding maintaining the purity and

sanctity of religion. On October 20,

2009, Law no. 1/PNPS/1965 was

submitted to the Constitutional Court

(MK) to be tested for constitutionality.

Husni, Zulfan, Teuku Yudi Afrizal, Nurarafah, Sumiadi

| 1512

From the judicial review, the

Constitutional Court through its

Decision Number 140/PUU-VII/2009

stated that the norms of this law are not

against the constitution. The

Constitutional Court's decision explains

that the law is correct and does not

conflict with religious freedom which is

protected by the 19145 Constitution.

However, there is a view that the law is

not so good in the sense that its

formulation is not in accordance with

the rules and systematics of the

formation of legislation. Therefore, the

Law on Religious Protection must be

good and correct and reduce or even

eliminate violence in the name of

religion and blasphemy against religion.

Although the Constitutional Court is

considered very careful in making its

decision, the Court still decides that the

Blasphemy Law remains constitutional

with various notes for improvement. In

addition, the Constitutional Court also

ordered the legislators, namely the

government and the DPR to improve

some of the norms contained in the law.

At first, all the legal schools

adopted by countries around the world

did not have a formula that could

criminalize blasphemy or blasphemy. It

should be noted that the Dutch Wet

Book van Straft Recht (WvS) itself does

not specifically formulate criminal acts

regarding religion. but there is only the

law regarding Godslastering 1932 which

is better known as a religious offense

(Lex Donner). This law was inspired by

the German law known as

Strafgesetzbuch which formulated

religious offenses in Article 166. It seems

that the formulation of Article 166 of

Strafgesetzbuch became a model and

was adopted by Wvs Netherlands, which

previously did not have regulations

regarding religious offenses. The

statutory regulations stipulate that

words, statements or actions that mock

God, the Prophet and others are

considered blasphemy against religion.

Likewise in Indonesia, at first there

were no regulations regarding religious

offenses in the Indonesian Criminal

Code, but there were only provisions

relating to religious life, such as the

provisions in Article 175 of the Criminal

Code, 176 of the Criminal Code and 177

of the Criminal Code. However, in the

development of law in Indonesia, there

are many legal events that tarnish,

harass or insult certain religions, causing

noise, riots and conflicts between

religious adherents. Finally, the crime of

blasphemy or blasphemy against

religion is regulated in Article 156 of the

Criminal Code and Article 156 letter (a)

of the Criminal Code.

According to Afriandi, even in

Islamic law the criminalization of

blasphemy is not actually found in either

the Qur'an or Hadith. The offense only

exists in the ijtihad instrument of the

ulama' which is then internalized into

the laws of several Islamic countries. In

Islamic law, the formulation of

punishment for perpetrators of

blasphemy is very diverse, ranging from

the lightest sanctions such as

imprisonment, to the most severe

sanctions, namely life imprisonment and

the death penalty. The scholars'

reference in formulating the offense of

1513 | Religious Diversity and its Legal Problems

blasphemy is based on a homogeneous

society in religion. Humiliation or

blasphemy in Islam can take the form of

insulting or insulting God, the prophets,

angels, and the Koran. Deliberate

blasphemy against religion makes it an

apostate (riddah), while the sanctions

look at the consequences and impacts

of the apostasy.

According to Muhammad Dahri, Ibn

Taimiyah divided riddah (apostasy) into

two, he said: "Riddah" is of two kinds;

riddah mujarradah (pure) and riddah

mughalladzhah (heavy class) for which

the death penalty is specifically

prescribed. If it includes riddah

mughalladzah then he is sentenced to

death, if he does not repent if ,his riddah

is mujarradahbecause of ignorance and

weak belief, then he is not sentenced to

death but in ta'zir (jail). Then if the act of

apostasy is carried out in groups/cults,

with the intention of insulting and

destroying religion, and then not

wantingconvert to Islam or repenting,

the penalty is death. It's just that not all

acts of blasphemy make him an apostate

with the penalty of being sentenced to

death, but one has to look at the impact,

motives for apostasy and the

perpetrators. So acts of blasphemy that

are intentionally carried out with a

motive of open hatred are considered

murtad mughallazhah, or apostasy

harby (against), while blasphemy that is

unintentional and has no intention of

blaspheming is a murtad muraja'ah or

jahily.

Al-Qadhi 'Yadh is of the view that the

consensus of the scholars and the fatwa

expert priests, starting from the

generation of companions, is of the view

that the majority agree, the sanction

applied to perpetrators of insulting the

Prophet SAW is the death penalty. This

is the opinion of Imam Malik, Imam al-

Laits, Imam Ahmad bin Hanbal, Imam

Ishaq bin Rahawih and Imam as-Shafii.

Kholil Ibn Ishaq al-Jundiy, explained that

"whoever insults the Prophet, curses,

ridicules, accuses, demeans, labels

things that are not his nature, attributes

inappropriate things to him, denounces

then the punishment is death."

Referring to the description above,

the dynamics of religious diversity is

always accompanied by problems,

differences, and friction between

religious adherents which leads to

various legal actions such as blasphemy,

blasphemy or insulting certain religions.

In the legal aspect, both Indonesian law

and Islamic law, blasphemy or insulting

certain religious teachings is strictly

prohibited and the punishment imposed

on perpetrators of blasphemy is quite

severe. This is done solely to maintain

the harmony of religious communities

that are so pluralistic in Indonesia. All

elements of the nation must assume

that religious diversity in Indonesia must

be seen as a nation's asset that is not

worth its price. Therefore, the

community together with the

government must actively participate in

maintaining the integrity of religious

diversity from all sides rather than

religion itself.

CONCLUSIONS

The concept of freedom of religion in

Husni, Zulfan, Teuku Yudi Afrizal, Nurarafah, Sumiadi

| 1514

Indonesia is contained in the formulation of

Article 28E, Article 28I, and Article 29 of the

1945 Constitution. The concept of religious

freedom when associated with Human

Rights is contained in Article 4 and Article

22 paragraph (1) and paragraph ( 2) Law no.

39 of 1999 concerning Human Rights. In

this provision, it is explained that the

religious right that is owned by every

Indonesian citizen is a human right that

cannot be reduced under any

circumstances and by anyone. Although

the Indonesian constitution highly upholds

religious freedom, this freedom is not

absolute. Restrictions on freedom can only

be carried out through laws with the aim of

maintaining harmony and tolerance of

religious communities in Indonesia.

In the aspect of freedom and religious

diversity, these restrictions are regulated in

various laws, namely the Criminal Code,

Law no. 1/PNPS/1965 concerning

Prevention of Abuse and/or Blasphemy of

Religion and Law no. 11 of 2008 concerning

Electronic Transaction Information (ITE). All

norms regulated in the law provide

protection for religious adherents to

practice worship according to their beliefs

but the law provides limitations on

freedoms that damage, desecrate and

insult certain religions. Even the regulation

of restrictions and prohibitions on

blasphemy or destroying the sanctity of

certain religions is not only regulated in the

context of dissemination through manual

media such as leaflets, letters, pictures and

others. even the prohibition of spreading

news containing content of insulting,

desecrating or destroying the sanctity of

certain religions through online media is

regulated in the ITE Law.

All of these arrangements aim to

maintain the purity and sanctity of religions

whose existence has been recognized in

Indonesia and to maintain harmony

between religious communities. The

government only positions itself as the

guardian of public order so that the human

rights of religious people are not tainted by

immoral behavior from various parties

belonging to other religions. This

restriction is not a form of human rights

restraint but rather to control, guarantee

and protect religious rights among

religious adherents so that all religious

adherents can carry out their worship and

beliefs safely, comfortably without any

pressure from certain parties or any group.

REFERENCES

Chai, Ching Sing, Koh, Joyce Hwee Ling,

Tsai, Chin Chung, & Tan, Lynde Lee Wee.

(2011). Modeling primary school pre-

service teachers’ Technological

Pedagogical Content Knowledge

(TPACK) for meaningful learning with

information and communication

technology (ICT). Computers &

Education, 5(7), 1184–1193.

https://doi.org/10.1016/j.compedu.201

1.01.007

Chiodelli, Francesco, & Moroni, Stefano.

(2017). Planning, pluralism and

religious diversity: Critically

reconsidering the spatial regulation of

mosques in Italy starting from a much

debated law in the Lombardy region.

Cities, 6(2), 62–70.

https://doi.org/10.1016/j.cities.2016.12.

004

Gelb, Betsy D., & Longacre, Teri Elkins.

(2012). Acknowledging religious

1515 | Religious Diversity and its Legal Problems 
 
diversity: Opportunities and challenges. 
Business  Horizons,  5(5),  509–518. 
https://doi.org/10.1016/j.bushor.2012.
06.001 
  
Handayani,  I.  Gusti  Ayu  Rachmi.  (2016). 
Pancasila  as  a  Source  of  Value  for 
Indonesian  Religious  Diversity.  Law 
Research Review Quarterly, 2(10), 293–
298. 
https://doi.org/10.15294/snh.v2i01.213
13 
 
Koch,  Natalie.  (2013).  Sport  and  soft 
authoritarian  nation-building.  Political 
Geography,  3(2),  42–51. 
https://doi.org/10.1016/j.polgeo.2012.
11.006 
 
Li, Yexin Jessica, Cohen, Adam B., Weeden, 
Jason,  &  Kenrick,  Douglas  T.  (2010). 
Mating  competitors  increase  religious 
beliefs.  Journal  of  Experimental  Social 
Psychology,  4(2),  428–431. 
https://doi.org/10.1016/j.jesp.2009.10.
017 
 
McClure,  Erin  A.,  Acquavita,  Shauna  P., 
Harding,  Emily,  &  Stitzer,  Maxine  L. 
(2013).  Utilization  of  communication 
technology  by  patients  enrolled  in 
substance  abuse  treatment.  Drug  and 
Alcohol  Dependence,  2(2),  145–150. 
https://doi.org/10.1016/j.drugalcdep.2
012.10.003 
 
Pedersen,  Ascha,  &  Bazilian,  Morgan. 
(2014).  Considering  the  impact  of  oil 
politics  on  nation  building  in  the 
Republic of South Sudan. The Extractive 
Industries  and  Society,  1(2),  163–175. 
https://doi.org/10.1016/j.exis.2014.07.0
07 
 
Pietrzak,  Robert  H.,  Goldstein,  Marc  B., 
Malley,  James  C.,  Rivers,  Alison  J., 
Johnson,  Douglas  C.,  Morgan  III, 
Charles  A.,  &  Southwick,  Steven  M. 
(2010).  Posttraumatic  growth  in 
veterans  of  operations  enduring 
freedom and Iraqi freedom. Journal of 
Affective  Disorders,  2(2),  230–235. 
https://doi.org/10.1016/j.jad.2010.03.0
21 
 
Pratt, Michael, Sarmiento, Olga L., Montes, 
Felipe, Ogilvie, David, Marcus, Bess H., 
Perez,  Lilian  G.,  Brownson,  Ross  C.,  & 
Group,  Lancet  Physical  Activity  Series 
Working.  (2012).  The  implications  of 
megatrends  in  information  and 
communication  technology  and 
transportation  for  changes  in  global 
physical activity. The Lancet, 3(9), 282–
293.  https://doi.org/10.1016/S0140-
6736(12)60736-3 
 
Rao,  Asha.  (2012).  Managing  diversity: 
Impact  of  religion  in  the  Indian 
workplace.  Journal  of  World  Business, 
4(2),  232–239. 
https://doi.org/10.1016/j.jwb.2011.04.0
10 
 
Verma,  M.  K.,  Sinha,  M.  K.,  &  Shukla,  R. 
(2021).  Analysing Publishing  Trends  in 
Information  and  Communication 
Technology  Literature  Output  Using 
Scopus  Database:  a  scientometrics 
analysis.  World  Digital  Libraries-An 
International  Journal,  4(1),  1–21. 
10.18329/09757597/2021/14101 
 
Willard,  Aiyana  K.,  &  Norenzayan,  Ara. 
(2013).  Cognitive  biases  explain 
religious belief, paranormal belief, and 
belief in life’s purpose. Cognition, 2(2), 
379–391. 
https://doi.org/10.1016/j.cognition.201
3.07.016 
 
Wu, Robert C., Tran, Kim, Lo, Vivian, O’Leary, 
Kevin J., Morra, Dante, Quan, Sherman 
D.,  &  Perrier,  Laure.  (2012).  Effects  of 

Husni, Zulfan, Teuku Yudi Afrizal, Nurarafah, Sumiadi

| 1516

clinical communication interventions in

hospitals: a systematic review of

information and communication

technology adoptions for improved

communication between clinicians.

International Journal of Medical

Informatics, 2(11), 723–732.

https://doi.org/10.1016/j.ijmedinf.2012.

05.014

Ying, Zheng, Liu, Shibao, Bao, Shuming, &

Zhou, Jianbo. (2017). Religious diversity

and regional development in China.

China Economic Review, 4(6), 1–9.

https://doi.org/10.1016/j.chieco.2017.0

8.003

for possible open access publication

under the terms and conditions of the Creative

Commons Attribution (CC BY SA) license

(https://creativecommons.org/licenses/by-sa/4.0/).