International Journal of Law


International Journal of Law
International Journal of Law
Vol. 7, Issue 4 (2021)

Regulation regarding policy for the commanding of criminal acts of arrival flows based on law number 1 PNPS of 1965 juncto article 156 of the kuhp and qanun number 11 of 2002


Cut Mega Khairina K, Eddy Purnama, Dahlan

Indonesia is a legal state whose affirmation is contained in Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia, which states that the State of Indonesia is a state of law". As a state of law, the real problems of law, law enforcement, and the judicial process and Indonesian court institutions have a very important position and meaning. In the eyes of the law, a cult is a crime against religion, where this term is used to describe criminal acts related to belief or religion. Several forms of criminal acts known as crimes against religion are apostasy (apostasy) and insults (blasphemy) including other acts that are categorized as crimes against religion. Often the unclear definition of “religious insults” gives the majority group power over dissenters and the state over individuals. Article 1 of Law Number 1 Year Concerning the Prevention of the Abuse and/or Blasphemy of Religion and Article 156 a letter (a) of the Criminal Code is essentially a rule regarding criminal acts against religion and criminal sanctions against such acts. In Aceh itself there is Qanun Number 11 of 2002 concerning the Implementation of Islamic Shari'a in the Field of Aqidah, Worship and Islamic Syiar. In implementing a sect that is considered heretical, it is still a question of which rules are applied to the handling of cases of deviant sects that occurred in the city of Banda Aceh, because Aceh has special rules and courts related to the enforcement of sharia. The existence of these regulations is considered to give rise to legal dualism, in which conditions like this will cause controversy in the wider community regarding the understanding of deviant sects, some agree and some disagree with the steps taken by the government in dealing with the problems of this cult. That is, policies from law such as criminal law as part of criminal policy that should, according to Sudarto, be a rational effort of the community in tackling crime, in addition to conceptually, as an integral part of community protection efforts (social defense) and efforts to achieve community welfare (social welfare). ). there are those who agree and there are those who do not agree with the steps taken by the government in dealing with the problem of this deviant sect. That is, policies from law such as criminal law as part of criminal policy that should, according to Sudarto, be a rational effort of the community in tackling crime, in addition to conceptually, as an integral part of community protection efforts (social defense) and efforts to achieve community welfare (social welfare). ). there are those who agree and there are those who do not agree with the steps taken by the government in dealing with the problem of this deviant sect. That is, policies from law such as criminal law as part of criminal policy that should, according to Sudarto, be a rational effort of the community in tackling crime, in addition to conceptually, as an integral part of community protection efforts (social defense) and efforts to achieve community welfare (social welfare).
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