Jakarta, NU Online
The Constitutional Court (MK) rejected a petition for a judicial review of the 1965 religious blasphemy law and ruled that the law was constitutional.
"We hereby state that the court rejects as a whole the request of the petitioners for a judicial review of the law," MK Chairman Mahfud MD said when he read the MK verdict here on Monday.<<>br />
He said that the court was of the view that the arguments presented for formal and material reviews of the law had no legal basis.
He said that based on morality reasons, the religious blasphemy law remained to be needed as a means of controlling public order for the sake of religious harmony in Indonesia.
Besides, the Constitutional Court also opined that the state had the interest in having a law on religious blasphemy as part of its responsibility for protecting human rights based on the principles of a law-abiding state.
"The court is of the view that the right to profess a religion in the context of individual human rights is inseparable from the right to embrace a religion in the context of social human rights," the MK chairman said as quoted by Antara news agency.
In the issuance of the court verdict, one judge, namely Harjono expressed his concurrent opinion and another one, namely Maria Farida, presented her dissenting opinion.
Maria said that although in formal term the law was still in force, yet in essence it contained deviations from human right values as contained the 1945 Constitution.
The request for a judicial review of Law No. 1/PNPS/1965 on Religious Blasphemy was filed by plaintiffs which consisted of seven non-governmental organizations and a number of individuals such as the Late Abdurrahman Wahid, Musdah Mulia, Dawam Rahardjo and Maman Imanul Haq.
Petitioners were of the view that the law contained articles discriminatory to interfaith adherents, against the principles of tolerance, diversity, open-mindedness and restricted religious freedom as contained in the 1945 Constitution. (dar)
The Constitutional Court (MK) rejected a petition for a judicial review of the 1965 religious blasphemy law and ruled that the law was constitutional.
"We hereby state that the court rejects as a whole the request of the petitioners for a judicial review of the law," MK Chairman Mahfud MD said when he read the MK verdict here on Monday.<<>br />
He said that the court was of the view that the arguments presented for formal and material reviews of the law had no legal basis.
He said that based on morality reasons, the religious blasphemy law remained to be needed as a means of controlling public order for the sake of religious harmony in Indonesia.
Besides, the Constitutional Court also opined that the state had the interest in having a law on religious blasphemy as part of its responsibility for protecting human rights based on the principles of a law-abiding state.
"The court is of the view that the right to profess a religion in the context of individual human rights is inseparable from the right to embrace a religion in the context of social human rights," the MK chairman said as quoted by Antara news agency.
In the issuance of the court verdict, one judge, namely Harjono expressed his concurrent opinion and another one, namely Maria Farida, presented her dissenting opinion.
Maria said that although in formal term the law was still in force, yet in essence it contained deviations from human right values as contained the 1945 Constitution.
The request for a judicial review of Law No. 1/PNPS/1965 on Religious Blasphemy was filed by plaintiffs which consisted of seven non-governmental organizations and a number of individuals such as the Late Abdurrahman Wahid, Musdah Mulia, Dawam Rahardjo and Maman Imanul Haq.
Petitioners were of the view that the law contained articles discriminatory to interfaith adherents, against the principles of tolerance, diversity, open-mindedness and restricted religious freedom as contained in the 1945 Constitution. (dar)
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