JAKARTA, KOMPAS.com – Chairman of the National Commission for Human Rights Ahmad Taufan Damanik said the case of defamation religion cause problems because the boundaries are not clear.
The definition of blasphemy tends to contain elements of discrimination against minority.
Taufan gave an example of the blasphemy case of the former Governor of DKI Jakarta, Basuki Tjahaja Purnama or Ahok.
“Ahok’s case is extraordinary. To this day it is not over. Internationally, people still ask about Ahok’s case, ”said Taufan in a webinar, Friday (21/8/2020).
“It’s as if we were so dark just because of that case,” he said.
Typhoon said, regulations related to religious issues must be regulated in Article 156 of the Book of Criminal Law (KUHP).
In reality, however, the police often also impose the Law on Electronic Information and Transactions in processing legal reports of blasphemy.
In addition, the Chief of Police Circular No. SE / 6 / X / 2015 regarding the handling of Hate Speech is also used as a reference for law enforcers to process issues related to religion.
“So sometimes the boundaries are not clear, for certain cases it is considered as blasphemy, in other cases it is not. There is also an element of discrimination, especially between majority and minorities, “he said.
Taufan said that in cases of blasphemy in Java and Sumatra, if the majority were committed, they would be safe from an offense.
However, if the perpetrator is a minority, he will be subject to the blasphemy offense.
On the other hand, in NTT, if blasphemy was committed by the majority, it would suffer the same fate as minorities in Java and Sumatra.
Therefore, Komnas HAM suggested that all regulations that have the potential to disrupt social relations and individual independence be reviewed in order to create an atmosphere of democracy.
“We are not able to define what our problem is. We have various regulations that actually cause problems,” said Taufan.
“If left unchecked, distrust social is getting higher. Sometimes the experts or law enforcement don’t realize. What we call a nation has deteriorated in close relations with fellow nationals, “he said.