Posted by Amtul Q Farhat
If you want consistent and consistently enforce the blasphemy laws, among others in Article 156a of the Criminal Code, then the scholars who gave fatwa to declare Shiite, Ahmadiyya, etc as heretical should also be arrested, tried and sent to prison. Why and what are the arguments?………
“Punishable by imprisonment for five years anyone ever intentionally publicly issued feelings or actions: a. which in principle is hostility, abuse or desecration of a religion followed in Indonesia, “said a letter of Article 165a of the Criminal Code.
Subjects law in Article 165a of the Criminal Code is a letter ‘whoever’, that is, anyone. No exception in boarding school scholars, clerics in the MUI, both in area and in Jakarta. So, when there are scholars who declared Shia as ‘false and misleading’ then it is included in the elements of Article 156 of the Criminal Code is a letter a. One way or another Shiite etc that factually exist in Indonesia. This is in terms of the organic law of the Criminal Code. What about the view of the 1945 Constitution?
Article 28E, 28I, 29 of the 1945 Constitution explicitly states that religious rights are human rights that can not be reduced under any circumstances. The Constitution only mentions ‘free religion’ or ‘religious right’ or ‘religion free’.
There is absolutely nothing that encountered in the 1945 Constitution is ‘religion’ there is a ‘Sunni’ or ‘sunnah ahlus waljama’ah’. Also, no one found in the 1945 Constitution that is ‘religion’ in there just limited to Islam, Christianity, Hinduism, Buddhism and Confucianism. In fact, these religions there is absolutely no mention explicitly (explicit) in the 1945 Constitution. Therefore, inevitably is ‘religion’ by the 1945 Constitution is all religions without exception.
Article 28E and Article 29 of the 1945 Constitution guarantees freedom or kemerdeaan any person or population to embrace religion and to worship according to his religion. “Everyone is free religion and worship according to his religion, … etc.,” the Article 28E Paragraph (1) of the 1945 Constitution . “State guarantees the freedom of each citizen to profess religion and to worship according to his religion and his belief that,” said Article 29 paragraph (2) of the 1945 Constitution.
The bottom line of the provisions of Article 28E and Article 29 of the 1945 Constitution, yet often overlooked many people, is a form of bonded or pronoun suffix of his persona. Shape tied her an object pronouns which states belong to the perpetrator, or the receiver (Ministry of Education, Dictionary Big Indonesian, Third Edition, second printing, Library Hall, Jakarta, 2002, p. 789).
Anchored in the case of Shia leader Ustadz Sampang Tajul Muluk, then it is referred to here is none other than himself Ustadz Tajul Muluk and congregations. Not the people who oppose the reactionary Ustadz Tajul Muluk are used as a benchmark.
Thus, sufficient reason for arresting scholars who likes memfatwa heretical religious sects who do not agree with him and his group