Petitioner on judicial review of Act 8 of 1981 on Criminal Procedure (Article 156a) and Law no. 1/PNPS 1965 on the Prevention of Abuse and / or blasphemy (Section 4) presents four experts at the fourth session in Room Plenary of the Constitutional Court (MK), Thursday (31/1). All four experts agreed Petitioner stated that blasphemy law needs to be revised because of adverse Shiite in Indonesia.

The four experts who delivered his statement before the plenary of judges chaired by Achmad Sodiki, namely Zainal Abidin Bagir (Expert Religious and Cross Cultural Studies), Siti Ruhaini Dzuhayatin (Chairman of the Interim Commission on Human Rights at OIC), Noorhaidi Hasan (Expert Social Anthropology, Islamic Law, and Fatwas), and Pipip Ahmad Rifai Hasan (Expert History and Philosophy of Religion).

Zainal who was given his first communicated before the eighth plenary of judges. Zainal said that blasphemy is a social event. Until now, many blasphemy cases occurred. In fact, after the reform of blasphemy cases increased in number. Whereas in the past over a span of 40 years, there were only 40 cases of blasphemy, after the reforms to date, there were 40 cases of blasphemy. "Our research, there are so many kinds of cases are charged under Article 4 of the blasphemy law. This signaled the existence of many problems in this legislation. In addition there is a sharp increase in cases of blasphemy in the Muslim after the reform. Previously there were five cases in the span of 40 to 40 cases years. After reform, there is an increased frequency of fifteen-fold," said Zainal.

Zainal also said that the old blasphemy law can target the victim of a larger group. Currently, victims are often used as blasphemy law, continued Zainal, are people of a certain flow like Shia and Ahmadiyah. "Currently, the trend leads to Shia. If left unchecked will spread to other things, will be the victims of religion. So actually this law to protect anyone," said Zainal.

More details Zainal said that the blasphemy law has been able to make any legal entangled with different reasons. Let’s say, blasphemy law could be used to prosecute someone who asks understated mosque speakers voice to the people who practice Sufism. In fact, Zainal said the truth is difficult to find cases that actually blasphemy law as required. "There are so many kinds of cases, but exposed to the same law. This law is blind to see the differences. If in Indonesia seems no one is really certain with sengaka insulting religion. If overseas film The Inosence of Muslims from the outset it was deliberately to tarnish religion," said Zainal who is in charge of UGM Lecturer of Religious Studies.

Shia Recognized

The same thing also expressed by Siti Ruhaini Dzuhayatin who served as Chairman of the Interim Commission on Human Rights at the OIC (Organization of Islamic Cooperation). In his explanation, Siti is more focused on the position of the Shia in Islam. In the OIC which consist of 57 Muslim-majority countries, recognized as part of the Shiite Islam. "OIC Countries committed to protecting human rights for building a more secure and equitable. Islam forbids any coercion in religious life. OKI also put one of Shiite sect of Islam. Based on the historical fact of the OIC is no prohibition to the Shia to make the pilgrimage to Mecca. Even the Saudi monarch also invited (Shiite, red)," said Siti.

Siti also confirmed that the blasphemy law has been used as the basis of punishment for different interpretations of a religion or belief as experienced by one of the applicant, i.e. Tajul Muluk. Socially, they said Siti, blasphemy law give rise to intolerance and stigma error. "I do not agree if any person or group of people have different religious interpretations by a majority called desecration, misguided, and eventually punished," said Siti who asked blasphemy law and Article 156a of the Criminal Code should be revised formal and material problems.

Two other experts, Noorhaidi Hasan and Pipip Ahmed Rifai Hasan also submit suggestions for MK repeal of Article 156a of the Criminal Code and Article 4 of the blasphemy law. Both the article has been used by both by a group of other people to judge other groups. "This law is problematic because it is used by a group of people to judge other groups," said Noorhaidi.

Whereas on Article 156a of the Criminal Code Pipip said it should be used very selectively and carefully to avoid unfair treatment, arbitrary, and affected certain groups who have differing opinions. "I’m afraid if Article 156a of the Penal Code is applicable not careful, in-depth, comprehensive, and involves many parties later existence of the state and the nation Indonesia will falter and threatened," Pipip said as Paramadina University lecturer. (Yusti Nurul Agustin / mh)