PENISTAAN AGAMA DITINJAU DARI UU NO. 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK DAN KITAB UNDANG-UNDANG HUKUM PIDANA (STUDI KASUS GUBERNUR DKI JAKARTA BASUKI TJAHAYA PURNAMA)

Abstract

The job visit of Jakarta’s Governor Basuki Tjahaya Purnama (BCP-red) in thousand islands last 27^th 2016, brought big and long problems until the top of big demonstration on November 4^th 2016. One thing being the problem was BCP’s statement that said “……. so don’t believe to people, in your deep heart you can say that you can’t choose me, can you? Being lied by Al Maidah 51^st letter, all sorts of things. That’s your human rights. So, if you felt that couldn’t choose me, because you afraid went to the hell… being fooled, that didn’t matter, because that’s your privacy.

            Several times writers tried to hear and to understand what the actually core problem and controversial of this BCP’s statements, according to the real and full recording in the job visited of the thousand islands, that available in link https://www.youtube.com/watch?v=8te3QBCZTak. And the problem is that BCP’s statements was suspected by some group of people as religion blasphemy. That in positive law of Indonesia, this part is regulated in the Law No. 11 year 2008 about information & electronic transaction and in Ordinance Book of Criminal Law (KUHP).

            The reason of presupposition, accusation, and prosecution to that religion blasphemy must fullfill all the elements of criminal acts that is accusated according to the elements which is found in the laws. The Indonesian Republic Police, Attorney and Indonesian Judicature must be very careful in completing this case, because in the future if the decision already until in the Supreme Court (MA) and already “Inkracht van Gewijsdeâ€Â, so that decision can be made for a Jurisprudence for the same cases after it.

 

Keywords: Religion Blasphemy, Positive Law, Electronic The Ordinance of Information and Transactions, Criminal Code.