Summary
The title of the research paper is Blasphemy Laws and Societal Polarization: The Indonesian Experience. It examines the complex relationship between law, politics, and social consensus, particularly within a multicultural and diverse society. The paper aims to explore how Indonesia’s blasphemy law contributes to societal polarization.
As a Muslim-majority country, Indonesia has experienced growing religious divides. While historically known for moderate Islam, the influence of more conservative and radical interpretations of Islam has increased in recent years. Islamic identity politics have since become a significant source of tension, often dividing the population along religious lines and fueling conservatism.
By exploring four case studies of blasphemy trials, the paper shows how the blasphemy law in Indonesia has caused social disharmony, discriminated against religious minorities, and been exploited for political purposes. It also highlights the role of fatwas in blasphemy trials. Fatwas play a significant role in these trials, influencing the legal system and judiciary. Although not formally part of the legal framework, fatwas often guide public sentiment and place pressure on law enforcement and courts. In high-profile cases like those of Ahok, Ahmadiyya, and Tajul Muluk, fatwas declared their actions as blasphemous, fueling public protests and contributing to their prosecutions. Courts are often swayed by these fatwas, especially under intense public pressure.
The existence and enforcement of blasphemy laws can be seen as a form of structural violence because they disproportionately target religious minorities and have resulted in social injustice within the community. The victims of blasphemy laws are not only the individuals prosecuted but also entire communities that are systematically oppressed and denied their fundamental rights. The implementation of blasphemy laws often reflects the dominance of a particular religious group, enforcing its beliefs through legal mechanisms and punishing dissent or differing interpretations. The blasphemy laws and their implementation have shown the excessive reach of criminal law, undermining principles such as legality, due process, necessity, and proportionality. Although intended to preserve social cohesion, Indonesia’s blasphemy law has, in practice, heightened tensions and has been misused for political purposes.
Under the new Indonesian Criminal Code, which will come into effect in 2026, Indonesia has shifted its focus from blasphemy laws to addressing hate speech, reflecting a modern, rights-based approach to managing speech in a pluralistic society. Unlike blasphemy laws, which protect religious beliefs, hate speech laws aim to safeguard individuals from harm, promote inclusivity, and foster societal harmony.
Biography
Amira Paripurna is an assistant professor specializing in criminal law and a researcher at the Criminal Law and Anti-Corruption Studies Center (CACP) at the Faculty of Law, Universitas Airlangga, Indonesia. She completed her PhD in law at the University of Washington, USA, in 2017. Her primary research areas include criminal law and criminal justice system, political violence, counterterrorism policing, juvenile justice, as well as gender and crime
