JURIDICAL STUDY ABOUT BLASPHEMY IN THE CASE OF PRAYER ROWS MIXING BETWEEN MEN AND WOMEN BASED ON ARTICLE 156A OF THE CRIMINAL CODE

Abstract

This study examines the classification of mixed prayer rows between men and women as a criminal act of blasphemy under Article 156a of the Indonesian Criminal Code (KUHP). The research employs a normative juridical approach, analyzing legal provisions, court decisions, and scholarly opinions. The findings reveal that the practice of mixed prayer rows at the Al Zaytun Islamic Boarding School does not fully meet the elements of blasphemy, as it stems from theological interpretation rather than intentional hostility or insult. The study highlights the ambiguity in applying Article 156a, which risks overcriminalization and infringes on religious freedom. Furthermore, the imposition of prison sanctions is deemed disproportionate, suggesting alternative restorative measures such as mediation and education. The research contributes to the discourse on balancing legal enforcement with religious tolerance in Indonesia.