The main argument for maintaining the application of the controversial blasphemy law in Indonesia is to secure public order, to prevent violent conflict, and to protect the enjoyment of the right to freedom of religion. The instrument of law to support such legal policy is the principle of nondiscrimination, which applies to everyone regardless of the existence of a religious minority. However, the blasphemy law, as an exclusionary standard, when it was used by the court to examine the validity of religion that belongs to a minority group, has factually undermined its equality to enjoy religious freedom. Therefore, the issue of non-discrimination principle and its problems to the protection of a religious minority in a judicial process becomes central. This article is intended to examine the feasibility of the non-discrimination principle to be upheld on the court under the rule of law framework when dealing with a blasphemy case of Tajul Muluk which involved a religious minority member. As a result, the application of the blasphemy law, when merely based on the principle of non-discrimination and without serious consideration to the existence of a minority group and its religious freedom, has widened legal uncertainty and also undermines human rights protection to everyone equally.
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Author: Muktiono
Topics: Peace and Security
