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Perpustakaan Fakultas Syariah dan Hukum
UIN Syarif Hidayatullah Jakarta

This research aims to analyze the views of scholars from various Madzhabs on Law Number 1 of 2023 of the Criminal Code (KUHP), specifically Articles 300-305, which regulate the criminal offense of religious blasphemy. These articles contain legal provisions intended to protect religions and beliefs from actions deemed insulting or degrading. In the context of a pluralistic country like Indonesia, where there are diverse religions and beliefs, this regulation plays an important role in maintaining harmony and public order.
This research employs a comparative qualitative research method designed to seek meaning, understanding, and interpretation regarding a phenomenon, event, or aspect of human life. This approach involves both direct and indirect engagement in the studied environment to understand the context comprehensively and deeply. Essentially, this research is a library research that involves the study of various documents, literature, and academic sources. This study includes the analysis of books, scholarly articles, written works, and other relevant sources. Additionally, it compares data from various sources to find patterns, similarities, and differences that can provide a more comprehensive understanding. Thus, this method not only seeks data but also understands the context and meaning behind the data, resulting in a more holistic and in-depth insight into the issue being studied.
The research results show a variation of views among Madzhab scholars regarding the definition and implementation of laws on religious blasphemy. Scholars unanimously agree that insulting Islam is a violation and should be punished, in accordance with the articles stated in Law No. 1 of 2023 Articles 300-305 and the principles of Sharia in protecting the sanctity of religion. However, there are concerns about the potential for misuse and overly broad interpretation, which could limit freedom of expression and religion. Moreover, the research found that Law No. 1 of 2023 needs to be revised to prevent misuse by certain individuals, as it currently contains vague articles that could be subject to abuse.
In conclusion, although Law Number 1 of 2023, Articles 300-305, aims to protect religion, its implementation requires caution and wisdom to avoid conflicting with the principles of justice and religious freedom. The views of Madzhab scholars provide important insights in the effort to formulate laws that are fair and effective in the context of a pluralistic society.

90/PMH/2024

90/PMH/2024

Perpustakaan FSH Lantai 4

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