Pemaafan Dalam Tindak Pidana Penodaan Agama Dalam Perspektif Politik Hukum Pidana Indonesia

Abstract

The purpose of this research is to find out and analyze the regulation of blasphemy crimes according to Indonesian positive law and to know and analyze the concept of forgiveness in blasphemy crimes in the perspective of Indonesian criminal law renewal. The formulation of the problem in this study is: 1) how is the regulation of the crime of blasphemy according to Indonesian positive law? and 2) what is the concept of forgiveness in the criminal act of blasphemy in the perspective of reforming Indonesian criminal law? This thesis is written using a normative juridical research type, which includes the study of legal conflicts, legal vacuum, or ambiguity of norms. This thesis uses various approaches, including conceptual approach, statutory approach, case approach. The results of the study show that 1) currently Indonesia has regulations governing the crime of blasphemy, currently it has many weaknesses 2) With various problems and the lack of justice in the settlement of criminal acts of blasphemy in the future, an updated criminal law policy is needed that can become a legal umbrella for the settlement of criminal acts of defamation as an ius constituendum