Tajul Muluk Alias H. Ali Murtadha, Shiite leader in Sampang, Madura, through his lawyer, Iqbal explained Pasaribu resignation petition improvement on the Prevention of Abuse and / or blasphemy in the proceedings in the Constitutional Court (MK), Friday (09/28/2012). The trial for the case that was registered with the number 84/PUU-X/2012 Happenings Testing Article 156a of Law No. 8 of 1981 on Criminal Code in conjunction with Article 4 of Law No. 1965 on Prevention 1/PNPS Abuse and / or blasphemy, originally filed by Tajul Muluk, Alaydrus Hassan, Ahmad Hidayat, and Umar Shahab. In this time trial, Tajul Muluk et al through proxies adding one applicant is, Sebastian Joe. So the number of applicants to 5 people.

Pasaribu resignation Iqbal said Sebastian Joe is currently undergoing criminal proceedings on charges of blasphemy by writing posts on the social networking site facebook. "Petitioner 5 (Sebastian Joe) express an opinion on the facebook site has been accused and convicted of a criminal act, as in Article 156a of the Criminal Code and is undergoing criminal proceedings," said Iqbal.

Article 156a of the Criminal Code states, "Punishable by imprisonment for ever five years whoever intentionally publicly issued feelings or acts: a. which in principle is hostility, abuse or desecration of a religion followed in Indonesia, b. with the intention that that person did not adopt any religion as well, which bersendikan Belief in God Almighty."

According to Iqbal, the elements contained in Article 156a of the Criminal Code does not have the clarity of a definite purpose. Furthermore, there is no clear criterion and standard of what is meant hostility, abuse and desecration. "So anyone who dispense with oral and written thoughts in public, all the more so when the perspective is different from the perspective berfikirnya think the majority of the society in which he lives, so it can be charged at any desecration, pollution, and defamation against a religion under article it," Iqbal proposition.

On the other hand, continued Iqbal, the 1945 Constitution guarantees freedom of religion and worship according to their religion, berserikan and assembly, as well as an opinion by oral or written. So according to Article 156a of the Criminal Code contains legal uncertainty and potentially violates the constitutional rights of the Petitioners and dilingungi guaranteed by Article 28D paragraph (1), Article 28E Paragraph (1), paragraph (2), and paragraph (3) of the 1945 Constitution.

The provisions of Article 156a of the Criminal Code contains a wide load norms and interpretations, so it has no legal certainty on the elements of the article. The elements of "shame" in Article 156a of the Criminal Code and in the Code of Penal Code does not have a description of the meaning of "in public". So as an act in public is highly objective and can not be measured. In effect, when a group of relatives conduct studies and discussions on issues related mushalla same religion with different views of the majority, it can be said and interpreted as "in public". "In fact, delivery may be in the mind of his personal as I experienced Petitioner and Petitioner V. This happens because there is no clear understanding and provide legal certainty to the elements 'in public'," said Iqbal.

Moreover, the elements of Article 156a of the Criminal Code does not have legal certainty in terms of who has the authority and how to judge doctrine, feelings or actions by individuals, groups and organizations astray, or deviation, or considered derail of a religion. So the act is an act that is hostility, abuse or desecration of a religion followed in Indonesia or feelings or actions that are intended so that people do not embrace anything that bersendikan Belief in God Almighty. Sementera in reality, there are ideologies, sects, schools of thought in the religion followed in Indonesia.

"Understanding Differences, school, in one religion does not merely present in Islam. Religions other than Islam there is also the flow, understand, all of which schools are a necessity due to limited human understanding of revelation, religious doctrines and teachings that come from God Almighty. Thus, a person or group of persons, any organization can be charged with violating Article 156a of the Criminal Code," said Iqbal. (Nur Rosihin Ana / mh/Yazid.tr)