Rethinking the Constitutionality of Indonesia’s Flawed Anti-Blasphemy Law
نویسندگان
چکیده
This study examines the constitutionality of Indonesia’s Anti-Blasphemy Law, which has been challenged unsuccessfully at Constitutional Court on three occasions, in 2009, 2012, and 2018. While acknowledged law’s provisions are open to multiple interpretations, it insists maintaining law as is, grounds that right religious expression is not absolute, freedom rights restricted under Article 28J 1945 Constitution. The believes canceling would create a dangerous legal vacuum. ambiguity Court’s decisions Law illustrated recent blasphemy cases have explored previous studies. uses doctrinal approach examine why flawed analyze what extent ‘particular constitutionalism’ influenced when declaring law. As such, misinterpretation core principles competing – its standard limitation, ignored. findings this show dealing with narrow limited recognition human fear revoking based only assumptions less supported by facts. failed realize implementation various triggered public disorder, people taking justice into their own hands.
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ژورنال
عنوان ژورنال: Constitutional review
سال: 2021
ISSN: ['2460-0016', '2548-3870']
DOI: https://doi.org/10.31078/consrev724