PENERAPAN PIDANA TERHADAP TINDAK PIDANA PENODAAN AGAMA (Studi Putusan Nomor 1537/Pid.B/2016/PN.JktUtr)

Abstract

The crime of religious blasphemy is regulated in article 156a the Criminal code. One example of cases of religious blasphemy that has occurred in Indonesia is the case in the case with decision number 1537/Pid.B/2016/PN. JktUtr. Problem formulation: 1) How is the application of the crime against the perpetrator of the crime of blasphemy in the decision number 1537/Pid.B/2016/PN. JktUtr?: 2) how is the judge consideration in imposing a criminal offense against the perpetrator of the crime of religious blasphemy in decision number 1537/Pid.B/2016/PN. JktUtr? This research uses a normative juridical approach. The data source used is secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. Data were collected by document study and analyzed qualitatively. Conclusion; 1) The application of punishment in this case is in accordance with the prosecutors indictment, where the prosecutor demands 1 (one) year imprisonment and the judge imposes the same sentence as the prosecutors namely 1 (one) year imprisonment. This crime is minimum; 2) Before imposing a sentence the judge has first considered various juridical aspect consisting of the demands of the public prosecutor, facts, evidence, and evidence and non juridical consisting of mitigating matters and burdensome matters.