KEKABURAN NORMA MAKNA “MENODAI” DALAM PASAL 305 AYAT (1) UNDANG-UNDANG NOMOR 1 TAHUN 2023 TENTANG KITAB UNDANG-UNDANG HUKUM PIDANA

Abstract

This study is motivated by the ambiguity of the term “defile” in Article 305(1) of Law No. 1 of 2023 on the Criminal Code, which has the potential to lead to multiple interpretations in law enforcement. This situation contradicts the principle of legality, particularly the lex certa principle, which requires clarity in the formulation of criminal offenses, and the lex stricta principle, which prohibits the expansion of meaning through analogy. This study is a normative legal study employing a legislative and conceptual approach. Legal materials were analyzed qualitatively through systematic, teleological, and extensive interpretation. The results of the study indicate that the term “blasphemy” does not yet meet the principle of lex certa because it lacks clear normative boundaries, thereby opening the door to multiple interpretations. This ambiguity also impacts the principle of lex stricta by encouraging the expansion of meaning by law enforcement officials. Systematically, blasphemy is understood as a concrete act that damages or demeans the sanctity of religion and disrupts religious life. Teleologically, blasphemy is understood as an act that contradicts the protection of public order, religious freedom, and social harmony. Extensively, blasphemy encompasses both physical and non-physical actions that substantially diminish the sanctity of religion. Therefore, clarity in the formulation of legal norms is necessary to ensure legal certainty and prevent excessive interpretation.