Tindak pidana penghinaan terhadap agama dalam perspektif hukum pidana Indonesia

ABSTRACT The post-independence Indonesia era is the most important era for the formation of law to date, including determining the applicable law. The criminal act of humiliation to religion is so appealing to the public, given that there are so many religious streams and beliefs in this country. With the various social conditions it is necessary to preventive efforts to maintain order in society. Thus, the Law Number PNPS No. 1 of 1965 which was incorporated into the Criminal Code article 165 a. Thus researchers interested in lifting the title "Crime of Contempt of Religion Perspectives Indonesia's Criminal Law", so the researchers looked for what are the provisions of the punishment of the perpetrators of the crime of contempt of religion, kemudan how the existence of punishment against the perpetrators of the crime of contempt of religion, and as well as how criminal liability for the offender of defamation against religion. Therefore researchs is expected to find benefits that provide insights, lessons and other knowledge that occurred and that no criminal act of insult to the religious perspective of criminal law Indonesia, and is also expected to be a contribution in the field of science, especially in the field of law and as a contribution both reading and reference for education, more especially for the academic community of law science among students of Law Faculty of Islamic University of Malang. The research was conducted by normative j uridical method. So this research can be concluded that the provisions of punishment to perpetrators of criminal defamation against a religion that shall be imprisoned forever 5 (five years) and specifically when it relates to electronics that is punishable by imprisonment for a period of 6 (six) the year and / or A fine of at most Rp 1,000,000,000.00 (one billion rupiah). The execution of punishment is determined by the judge's decision. In proceedings were polite demeanor of the defendant on trial by judge and because the defendant has not been convicted, can be considered the judge to give remission of sentence to the defendant. The criminal responsibility of the perpetrators of criminal acts against religious insult is determined by the type of the crime of blasphemy committed by the culprit. The perpetrator is held accountable in accordance with the wrongdoing and the offense he committed, so that his decision will follow what the perpetrator did