Blasphemy Regulation and Freedom of Conscience in Indonesia: A Theological-Legal Analysis of Religious Defamation Laws

Abstract

The regulation of religious defamation presents a difficult tension between protecting religious communities from serious harm and safeguarding freedom of conscience and expression. In Indonesia, legal restrictions concerning blasphemy and religious defamation operate within a highly pluralistic social environment in which religious sensitivities can have significant legal and political consequences. This article examines the theological and legal foundations of regulating religious defamation in Indonesia. Using normative juridical and theological analysis, the study examines constitutional rights, criminal law principles, freedom of religion, and theological understandings of religious dignity and accountability. The article argues that protection of religious beliefs should not automatically justify restrictions that disproportionately interfere with individual conscience or peaceful expression. A theological justice approach requires distinguishing genuine incitement, violence, or persecution from theological disagreement, criticism, and peaceful religious expression. The study proposes a proportionality-based framework that incorporates harm prevention, freedom of conscience, equality before the law, and procedural safeguards. The article further argues that religious communities have an ethical responsibility to respond to disagreement through dialogue rather than coercion. Reconstructing blasphemy regulation through theological and constitutional principles could contribute to a more balanced approach that protects both religious dignity and individual freedom in Indonesia.