Application of Balinese Customary Law Sanctions in Criminal Acts of Blasphemy Against Sacred Places

DOI

10.2991/978-2-494069-93-0_4How to use a DOI?

Keywords

Balinese Customary Law; Sanctions; Blasphemy

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.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Kade Richa Mulyawati
AU  - I. G. A. A. Gita Pritayanti Dinar
AU  - Anak Agung Sagung Laksmi Dewi
PY  - 2023
DA  - 2023/01/25
TI  - Application of Balinese Customary Law Sanctions in Criminal Acts of Blasphemy Against Sacred Places
BT  - Proceedings of the 3rd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2022)
PB  - Atlantis Press
SP  - 19
EP  - 26
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-93-0_4
DO  - 10.2991/978-2-494069-93-0_4
ID  - Mulyawati2023
ER  -