Constitutional Perspective on Blasphemy
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Deputy Chief Justice Aswanto and Constitutional Justice Daniel Yusmic P. Foekh giving a public lecture at the Dharma Duta Faculty of UHN I Gusti Bagus Sugriwa, Bali, Friday (10/22/2021). Photo by Humas MK/Ilham W.M.


Saturday, October 23, 2021 | 06:06 WIB

BALI, Public Relations—Deputy Chief Justice Aswanto and Constitutional Justice Daniel Yusmic P. Foekh gave a public lecture on “Juridical Review of Provisions on Blasphemy from the Constitutional Perspective” to the academic community of Law Department, Dharma Duta Faculty of the I Gusti Bagus Sugriwa di Bangli Hindu State University (UHN) of Denpasar. The event took place on Friday, October 22, 2021 at the university’s rectorate building in Bangli, Bali.

Justice Aswanto said that blasphemy is denial of God. He believes religious freedom is an internal dimension that also has an external aspect. “From the external aspect, the government is present so that all religions respect each other, do not commit acts of blasphemy, but if such acts is committed, there is a mechanism for it,” he said.

He said that, as a consequence of a law-based state, guarantee must be implemented. In the event of any violation of regulations, the government must be present so that the condition remains conducive. “So all adherents of religions can perform acts of worship according to their religions and teachings without any fear, anxiety, etc.,” he said. He added that those who commit acts of blasphemy do not understand their own religions as those who are religious will not.

He revealed that in the Population Law, the column on religion did not use to accommodate adherents of indigenous/native faiths, where they must claim a regional majority religion in their profile, which might not correspond with their actual faith. Therefore, the Constitutional Court passed a decision to order that they be accommodated.

Human Rights

Next, Constitutional Justice Daniel Yusmic P. Foekh in the lecture talked about human rights, constitutional rights, and citizens’ rights. Some human rights, he said, can be restricted, while others cannot. “the 1945 Constitution contains provisions that stipulate that rights can be restricted under strict requirement,” he said.

He added that after the New Order fell, blasphemy cases increased, especially in social media. This is because many do not understand the use and the impacts of social media.

Blasphemy Law

Meanwhile, law lecturer Dewi Bunga of UHN I Gusti Bagus Sugriwa said that the Blasphemy Law is still being questioned. She believes it is inseparable from the state-guaranteed religious freedom.

She said that those who truly understand religious values will not do evil. Attention should be paid to hate speech and blasphemy in social media, she said, where negative statements are very public and can be forwarded to others freely.

Writer        : Ilham M. Wiryadi
Editor        : Lulu Anjarsari P.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 10/26/2021 15:44 WIB

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.


Saturday, October 23, 2021 | 06:06 WIB 229