ABSTRACT
Indonesia has been facing renewed calls to repeal its controversial blasphemy law, particularly after Jakarta’s Chinese and Christian governor, Basuki “Ahok” Tjahaja Purnama, was sentenced for 2 years in prison for blasphemy in 2017. The verdict immediately raised ethnic and religious tensions. As a normative approach, using statute and conceptual approach, this article attempts to analyze the view of judges in Indonesia towards how blasphemy law is interpreted as a permissible limitation of freedom of expression. It, thus, furthermore examines whether religion and cultural sensitivity may bring indirect effects to the business and foreign investment sector. The results show that the decision of the Indonesian Constitutional Court on judicial review of the Blasphemy Law is inclined to prioritize the concept of cultural relativism by incorporating the so-called “Indonesian perspective”. It is based on the ideology of the State, “Pancasila”. However, religious values and prohibition of “different interpretations” regarded as legitimate restrictions need to be reviewed, both in terms of substance and implementation. Revisions to certain provisions of blasphemy law are essential to determine the extent to which States can intervene in one’s beliefs, speech, and expression to prevent arbitrary interpretations. It also will create legal certainty for business and foreign investment which are to respect and become adherent with the local laws, culture, and belief of the Indonesian people.
