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ANALISA TERHADAP RUMUSAN TINDAK PIDANA PENISTAAN AGAMA DALAM PERSPEKTIF PEMBAHARUAN HUKUM PIDANA

Habibi, Burhan (2019) ANALISA TERHADAP RUMUSAN TINDAK PIDANA PENISTAAN AGAMA DALAM PERSPEKTIF PEMBAHARUAN HUKUM PIDANA. Bachelors Degree (S1) thesis, University of Muhammadiyah Malang.

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Abstract

Indonesia is a religious country and has a Godhead philosophy, therefore realizing the tranquility of religious life is a legal interest as well as a public interest which is duly protected. Thus legal protection for the existence of legal interests for each citizen, the provisions concerning religious offenses must be regulated and protected in criminal law. Based on the aforementioned principle, several problems can be formulated, how is the comparison of the formulation blasphemy in the KUHP and the RUU KUHP and how is the formulation of blasphemy in the perspective of Penal Reform at this time.This research is an analytical descriptive study with a normative juridical approach. The data used are secondary data in the form of primary legal materials, secondary legal materials, tertiary legal materials, and the data collection techniques used are literature and documentary studies of the secondary data that has been analyzed. From the results of the study it can be concluded that the current criminal law used in efforts to combat religious offenses is the Criminal Law Book (KUHP) but contains some weaknesses in the substance of the regulation, namely religious offenses are categorized as crimes against public order and there is a harmony between status and explanation of offenses with text or formulation offenses. Efforts to combat religious offenses in the 2017 KUHP concept are formulated as criminal acts against religion and those related to religion or religious life. The formulation of impending criminal law especially those that regulate religious offenses should be formulated by considering the integration of religious offenses in the 2017 Criminal Code Concept by considering the following matters: 1). harmonization of the material/substance of criminal offenses, 2). Conditions for the community and 3) Policies on the formulation of the criminal system and punishment.

Item Type: Thesis (Bachelors Degree (S1))
Additional Information: 201310110311071
Uncontrolled Keywords: Religious Declict, Formulation of Criminal Act ,Penal Reform
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law
Depositing User: Sulistyaningsih Sulistyaningsih
Date Deposited: 11 May 2019 01:08
Last Modified: 11 May 2019 01:08
URI : http://eprints.umm.ac.id/id/eprint/46066

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