ANALISA YURIDIS TERHADAP TINDAK PIDANA PENODAAN AGAMA DITINJAU DALAM PERSPEKTIF HAK ASASI MANUSIA DI INDONESIA (Studi Kasus Putusan Nomor: 1612/Pid.B/2018/PN-Mdn)

Sya'bani, Rizqi Afif (2024) ANALISA YURIDIS TERHADAP TINDAK PIDANA PENODAAN AGAMA DITINJAU DALAM PERSPEKTIF HAK ASASI MANUSIA DI INDONESIA (Studi Kasus Putusan Nomor: 1612/Pid.B/2018/PN-Mdn). Undergraduate thesis, Universitas Muhammadiyah Malang.

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Abstract

The main issue is the criminal offence of blasphemy, which has created pros and cons. Those who are pro, see it as a serious offence against religion, and those who are con, consider it to be a violation of freedom of expression. It is of particular concern for law enforcement in applying Article 156a of the Criminal Code related to blasphemy. The case of a woman becoming a defendant for complaining about the volume of the mosque's toa creates the irrelevance of Article 156a of the Criminal Code because it opposes aspects of regulation and human rights.This research uses three main approaches, namely the legislative approach which analyses related regulations, then the case approach which focuses on Decision Number 1612/Pid.B/2018/PN. Mdn to understand legal rules and norms, as well as a conceptual approach that refers to views and doctrines in legal science, especially the concept of blasphemy crimes and human rights principles. throughout the examination of the Meliana case, the Panel of Judges gave the impression of being unfair. shown by the lack of space given to the Defendant to provide extensive information about the actual facts and the irrelevance between the evidence and the elements of the article charged. In this case, the Panel of Judges did not provide a clear description of the relationship between the facts, evidence and regulations, thus creating legal uncertainty, and therefore a decision that seemed unfair. To maintain the integrity of the judiciary, an independent, transparent and fair process is required. This is important so that judicial decisions reflect justice, fulfil the human rights of all parties and are non-discriminatory, and can build public confidence in the Indonesian legal system.

Item Type: Thesis (Undergraduate)
Student ID: 201910110311500
Keywords: Human Rights, Blasphemy, Law Enforcement, Article 156a Criminal Code
Subjects: K Law > K Law (General)
K Law > KZ Law of Nations
Divisions: Faculty of Law > Department of Law (74201)
Depositing User: 201910110311500 rizqiafifs
Date Deposited: 02 Feb 2024 06:39
Last Modified: 02 Feb 2024 06:39
URI: https://eprints.umm.ac.id/id/eprint/3328

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