Application of Balinese Customary Law Sanctions in Criminal Acts of Blasphemy Against Sacred Places
Kade Richa Mulyawati, IGAA Gita Pritayanti Dinar, Anak Agung Sagung Laksmi Dewi

Faculty of Law, Warmadewa University

Abstract

The increasing development of Bali^s tourism has finally made it possible for temples to also serve as a tourist attraction area. However, this in turn allows cases of blasphemy against sacred places to occur. If it is viewed from the perspective of criminal law, in fact the crime of harassment or blasphemy against a sacred place needs to receive an exclusive attention in terms of imposing criminal sanctions. Unfortunately, a legal vacuum in the regulations regarding the perpetrators of the crime of blasphemy against sacred places, in fact, still exists. Using normative the legal research method, this study examines legal norms through the principles of legislation and with a statute approach, a conceptual approach, and an analytical approach. Over time, the Bali Provincial Government issued Governor Regulation No. 25 of 2020 regarding Protection Facilities for Temple, Pratima, and Religious Symbol. This regulation can anticipate the imposition of legal sanctions against perpetrators of blasphemy against sacred places, such as customary sanctions in the form of arta danda (fine), pengaksara danda (apologies by the perpetrator), and sangaskara danda (holding of certain ceremonies). Although customary sanctions are considered able to coordinate cases of blasphemy against sacred places, a form of criminal punishment is still needed to create a deterrent effect in accordance with the theory adopted in criminal law, the so-called theory of punishment.

Keywords: Balinese Customary Law, Sanctions, Blasphemy

Topic: Local Wisdom (Customary Law)