Constitutional Justices Manahan M. P. Sitompul and Daniel Yusmic P. Foekh delivering a lecture at UKI Paulus, Makassar, Friday (10/29/2021). Photo by Humas MK/Made Sukarma.

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Monday, November 1, 2021 | 15:41 WIB

MAKASSAR, Public Relations—On a rainy Friday afternoon, October 29, 2021, Constitutional Justices Manahan M. P. Sitompul and Daniel Yusmic P. Foekh arrived at UKI (Christian University of Indonesia) Paulus, Makassar. They were welcomed by the university’s faculty and students. At the university’s Lilin Building, the two justices delivered their public lectures after the university’s secretary, Corvis L. Rantererung, opened the event by expressing his joy at the justices’ presence.

Constitutional Justice Manahan M. P. Sitompul, who talked about “The Constitutional Court and the Decision on Blasphemy,” began his lecture by explaining the history of the Court as the fruit of the Reform. He also explained the Court’s authorities and obligation pursuant to Article 24C paragraphs (1) and (2) of the 1945 Constitution.

“With those authorities and obligation, the Court serves as the guardian and final interpreter of the Constitution as well as the guardian of democracy, human rights, the citizens’ constitutional rights, and the state ideology,” said the former deputy chief justice of the Pangkalpinang High Court, Bangka Belitung.

He then revealed that the Court has received and ruled on five cases on blasphemy relating to Law No.1/PNPS/1965 on the Prevention of Religious Abuse and/or Blasphemy. “Among them is the Decision No. 140/PUU-VII/2009, where [the Court] rejected the entire petition. In the decision, one justice had a concurring opinion and another had a dissenting opinion,” he said before hundreds of academics and participants, who attended the lecture onsite and virtually.

Meanwhile, Constitutional Justice Daniel Yusmic P. Foekh talked about “Blasphemy in the Constitutional Perspective.” He first revealed the increasing number of blasphemy cases.

“[The Indonesian Legal Aid Foundation (YLBHI)] found 67 blasphemy cases in 2020, while Setara Institute’s research found 97 of such cases in 1965-2017, 88 of which occurring after the Reform era,” explained the University of Indonesia (UI) doctoral graduate, who studied government regulations in lieu of laws (perppu).

Justice Foekh added that the Blasphemy Law was a presidential decree that was passed into law. “That is why there is the word ‘PNPS’ in to Law No.1/PNPS/1965,” said the activist and former member of the central executive body of the Indonesian Christian Students Movement (GMKI).

Therefore, he said, one must understand the characteristics of PNPS laws, Prp laws (from perppu), and Drt (emergency) laws before discussing their substance.

Invitation for Collaboration

In the Q&A session, a student asked about the Court’s role relating to blasphemy and the Electronic Information and Transactions (EIT) Law. Justice Manahan replied that it has been a problem due to the vast amount of content in social media.

“There is threat of criminal sanctions if the content constitutes insult to a certain religion. This is referred to as the forum internum and the forum externum,” said the justice, who has held office since 2015.

He added that the Court is not authorized to judge whether the offense constitutes blasphemy in a concrete case as it only adjudicates on the constitutionality of laws.

Next, the faculty’s rector, Lisma Lumentut, expressed her wish to invite the Court for collaboration. In response, both constitutional justices urged the faculty to send a request letter to the Court.

“There are many new theories and doctrines in the Court’s decisions that universities should respond to by carrying out joint research, internships, and other programs,” Justice Foekh concluded.

Writer        : Alboin Pasaribu, Muhammad Mahrus Ali
Editor        : Nur R.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 11/3/2021 10:22 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.

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