PERBANDINGAN HUKUM TINDAK PIDANA PENISTAAN AGAMA DI INDONESIA DAN PAKISTAN

Indonesia and Pakistan are pluralistic countries consisting of various religions and beliefs. These differences can positively add to the diversity of the context of society and culture. Given the condition of a country that has diverse values, it is necessary to have an attitude of tolerance and an understanding of pluralistic values as a reference to avoid greater conflict. This research aims to find out the legal regulations for religious blasphemy in Indonesia and Pakistan and to find out the comparison of religious blasphemy laws in Indonesia and Pakistan. Research is a type of scientific research that uses a systematic approach and way of thinking to study something or certain legal phenomena using a normative juridical approach. This approach consists of a statutory approach, a conceptual approach and a comparative approach. This research is doctrinal (normative) in nature. The legal materials used were obtained through searching legal materials or library studies of primary, secondary and tertiary legal materials.
Then, the author describes and connects in such a way that it can be presented in a systematic writing. The analytical method used in the research is comparative analysis of regulations with grammatical interpretation and systematic interpretation. The results of this research are that Article 156a of the Criminal Code in Indonesia regulates and prohibits religious blasphemy with the threat of a maximum prison sentence of five years, or six years if carried out through written or electronic media. The objects of protection regulated in article 295 are the Prophet Muhammad SAW and Islamic religious beliefs. Meanwhile, in Pakistan, Articles 295-A and 295-C in the Criminal Code criminalize insulting the Islamic religion, with the threat of the death penalty or life imprisonment for perpetrators of blasphemy against the Prophet Muhammad SAW. In addition, Article 295-A also provides for serious penalties, namely imprisonment of up to ten years, for insulting religion in general. The objects of protection are regulated in article 295, namely everything that is respected by Muslims, including the Prophet Muhammad, the Koran, and the Islamic religion in general and in article 298, namely holy people or Islamic religious shrines or Islamic religious graves.