INDONESIA HAS BAD BLASPHEMY LAW: HOW TO MAKE IT BETTER ACCORDING TO THE ICCPR



Ivan Gautama(1*)

(1) Universitas Gadjah Mada
(*) Corresponding Author

Abstract


The Indonesian Constitutional Court made a fundamental and elementary mistake in assessing Indonesia's blasphemy law under the ICCPR framework in its 2010 judicial review decision, that much is evident. In face of this unfortunate yet unsurprising decision, the author aims to offer a more coherent reasoning on how blasphemy laws may retain a lawful and legitimate existence within the ICCPR framework. The article’s analysis include discussion on the formal requirements necessary to ensure a law’s quality, the grounds of public order the grounds of rights/reputations of others, and religious defamation. Ultimately, the article concludes by proposing four suggestions that the design of a blasphemy law must under the ICCPR.


Keywords


Blasphemy, blasphemy law, Indonesian Constitution, judicial review, ICCPR

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