CRIMINAL LAW POLICY IN BLASPHEMY ENFORCEMENT BASED ON RESTORATIVE JUSTICE

Policies for resolving religious blasphemy in Indonesia are regulated in Law Number 1/PNPS/1965 concerning the Prevention of Blasphemy of Religion and Article 156a of the Criminal Code. Sentences are often repressive and do not fulfill the value of justice. The formulation of the problem in this article is: what is the criminal law policy in the settlement of blasphemy and what kind of settlement model is chosen to handle the case. This research method is normative legal research with a statutory approach based on primary legal materials. The research results show that the imposition of punishment is the main solution. Meanwhile, the model chosen in the resolution of defamation of freedom of expression according to the concept of restorative justice uses an integrated approach that tries to implement penal and non-penal efforts simultaneously to fulfill justice for the perpetrators of defamation, including involving the role of the community through the Religious Communication Forum (FKUB). Suggestions that need to be conveyed are that criminal law policies are still being implemented, but harsh criminal sanctions are softened by using the concept of restorative justice, bearing in mind that not every case of blasphemy deserves a harsh sentence.


INTRODUCTION
The Indonesia State is a pluralistic country with the largest multiculturalism in the world which has potential with a wealth of language, culture, ethnicity, and religion. 1Religion in Indonesia has a strong foundation in Pancasila and the 1945 Constitution of the Republic of Indonesia (UUD 1945). 2 Other guarantees of religious freedom as stipulated in Article 28 E and Article 29 of the UUD 1945.
The Indonesian government recognizes five religions in Indonesia, namely Islam, Catholic Christianity, Protestantism, Hinduism, Buddhism and Confucianism.Every religion has different principles and beliefs.If these differences are not managed properly, it can raise the problems and conflicts between religions. 3Conflicts between religions are complex in their settlement and have massive social impacts so that the conflict is not simple.
Indonesia is a threatened country to problems and religious conflicts.One of them is blasphemy.The results of research conducted by the Setara Institute show that from 1965 to 2017 there were 97 cases of blasphemy.This case has increased since the end of the New Order Era.Before the reformation, there were only 9 cases of blasphemy, but there were 88 cases of blasphemy after a Faculty of Law, University of Lampung, Jl.Prof. Dr. Ir. Sumantri Brojonegoro No.1, Lampung, Indonesia, 35141, email:  rudi.natamiharja@fh.unila.ac.id b Faculty of Law, University of Lampung, Jl.Prof. Dr. Ir. Sumantri Brojonegoro No.1,Lampung,Indonesia,35141. c Faculty of Law, University of Sriwijaya, Jl.Masjid Al Gazali, Bukit Lama, Palembang, Indonesia, 30128.d Master of Law, University of Lampung, Jl.Prof. Dr. Ir. Sumantri Brojonegoro No.1, Lampung, Indonesia, 35141. 1 Gina Lestari, "Bhinnekha Tunggal Ika: Khasanah Multikultural Indonesia di Tengah Kehidupan SARA", Jurnal Pendidikan Pancasila dan Kewarganegaraan, Vol.28 No. 1, 2015, p. 31 seen that the blasphemy law and Article 156a of the Criminal Code have an unsynchronized arrangement, which these two regulations should complement and relate to each other because they both regulate blasphemy.
As the Setara Institute Report states that in the period from 1965 to 2017, 76 cases of blasphemy were resolved through the courts, and only 5 cases were acquitted. 8In addition, the findings of several decisions in cases of blasphemy in district courts are the form of anxiety in the community followed by pros and cons related to the impact of the blasphemy. 9Based on these facts and data, it can be seen that there is a mismatch between the existing law and its application.Various legal problems in solving the blasphemy can cause various reactions for and against the Indonesian people.In the settlement of blasphemy, it often leads to actions, both peaceful and violent. 10Based on the Research Report on Patterns of Religious Conflict in Indonesia (1990-2008), 832 incidents of religious conflict occurred in Indonesia in the period January 1990 to August 2008. 11e example of resolving a blasphemy case that led to violence was the Saleh case, the riot of 10 October 1996 in Situbondo. 12The case was initiated by Saleh who was reported on the blasphemy because Saleh issued a statement during a religious discussion.He state that Allah is an ordinary creatures.During the trial process, people who were angry with Saleh vandalized the court where Saleh was being tried.The result of the rampage is 5 victims of people and 34 churches was broken Based on this, it can be said that the settlement by the court or the penal settlement in blasphemy is considered ineffective.So it is necessary to have a criminal law enforcement model against blasphemy through another settlement beside the court or penal settlement.Basically, the problem-solving method can be pursued in two ways, namely the settlement with the penal and nonpenal.But in reality, if a problem occurs, especially those related to criminal law (criminal cases), the method of solving the problem is always carried out using the penal settlement. 15Therefore, the settlement of non-penal offenses can be an alternative solution when the existing law has criticism and contra from various parties.
The non-penal settlement is a form of criminal law policy that leads to criminal law reform.
Institute for Criminal Justice Reform or ICJR 16 view that the direction of reform of Indonesian criminal law in the future must be carried out with a humanist paradigm and approach that strengthens due process and restorative justice. 17Thus, the alternative solution to blasphemy through non-penal settlement with the concept of restorative justice can be in the form of mediation based on criminal law policies and involving law enforcement officials and social institutions.
Behind the many issues and problems that exist in blasphemy settlement, this research will attempt to provide a blasphemy settlement model that embodies a sense of justice in society based on the value of restorative justice.a statutory approach based on primary legal materials.The paper derived from the processed data, then analyzed descriptively-qualitatively and conclusions are drawn deductively and inductively.
Based on the background above, the novelty of this research is to provide an explanation regarding the latest criminal policy related to cases of religious blasphemy based on restorative justice.As for the previous research as a comparison, namely research entitled "Pluralism Justice System in the Settlement of Religious Freedom Problems" 18 by Muhammad Nizar Kherid and Fifiana Wisnaeni.
However, this research is more focused on explaining how the latest criminal policies are related to cases of religious prayer based on restorative justice.

METHODS
The research method is normative juridical, namely by reviewing norms, rules and regulations through literature studies by reading, analyzing, citing readings and examining the legal basis through a statutory approach related to research problems.In this research aims to describe the method and approach to the problem in preparing the research.The type of approach taken by researchers is the problem approach, the process of data collection and finally data analysisIn this research, it aims to describe the methods and approaches to problems in preparing the research.The types of approaches used by researchers are problem approaches, data collection processes and finally data analysis.

DISCUSSION
The Settlement of Blasphemy Based on Restorative Justice Concept Law No. 1/PNPS/1965 regulates two aspects: first, it regulates the prohibition in public to tell, advocate and seek public support, to interpret a religion adhered to in Indonesia or to carry out religious activities that resemble religious activities of the principal religious teachings.The provisions can be interpreted as prohibiting public distribution and carrying out acts of interpretation that are considered deviant. 19In the articles of this law, the prohibition is followed by administrative procedures and consequence of disbanding the organization or criminal threats to the perpetrators.
In 1. Whoever Element.Every person (een eider) or anyone who commits a criminal act is a legal subject who can be legally responsible for all their actions, so that every person refers to a legal subject as a person who can be held criminally responsible.
2. Elements on purpose.Deliberation is an element of error, of which there are two forms in the error doctrine, namely intent and negligence.Deliberation as defined in Article 156a of the Criminal Code means that a person knows and aware that the act of expressing feelings or committing an act which is essentially hostile, abuses or desecrates a religion adhered to in Indonesia with the intention of preventing the person from adhering to any religion which is based on belief in the Almighty God is an act contrary to legal obligations or contrary to the rights of others.
3. Elements in public.This element does not require that the prohibited act must be carried out in a public place (a place that anyone can go to), but it is sufficient if the act is carried out by the perpetrator in such a way that the statement can be heard by the public.
4. Elements that are essentially hostile, abuse or blasphemy of a religion adhered to in Indonesia.
Phrases of hostility, abuse or blasphemy of religion are immeasurable actions because they are related to a process of assessing the nature, feelings of religion, religious life and worship which are subjective in nature.This element has contained a lot of controversy, according to what is classified as hostility, abuse, or blasphemy against a religion is subject to multiple interpretations.Law enforcement officials generally consider that an act is a form of religious blasphemy based on the opinion of the majority accompanied by mass pressure and intervention by religious institutions/organizations.
The settlement of blasphemy according to Law no. 1 PNPS of 1965 that imposes sanctions on acts of blasphemy with 2 stages, namely: 1. Give advice, strong warning (personal) or disband (organization/sect).
2. If the act still continued, it will be sentenced to a maximum of 5 years in prison.
Meanwhile, Article 156a of the Criminal Code states that without warning, a person who is proven to have committed blasphemy will be charged with a maximum penalty of 5 years in prison, through a legal process.This is a form of sanction that is clearly stated in the statutory regulations in law in settlement of blasphemy.In settlement of the crime, using the criminal law is not the only way, but can also use other methods or policies that are non-penal.
The settlement of crime policies can be carried out through two approaches, namely the penal approach (application of criminal law) and the non-penal approach (the approach outside of criminal law).The integration of these two approaches is indicated in the proposed United Nations Congress on the Prevention of Crime and Offenders' Treatment. 23The existence of this non-penal settlement is because it is considered that the use of criminal law or criminal law enforcement is not the only effective way of crime settlement. 24Settlement of criminal cases through the non-penal settlement is an alternative settlement beside the main settlement, namely penal.Actually, the existence of this alternative settlement is not recognized by the basic rules of criminal procedure law, namely the Criminal Procedure Code, but its existence exists and is recognized by the community so that it is used as a way to resolve criminal cases. 25rrently, the settlement of criminal acts through courts or penal settlement has received harsh criticism, both from practitioners and legal theorists.The role and function of the judiciary today are considered too overloaded, slow and waste of time, very expensive and less responsive to public interests, or are considered too formalistic and too technical (technically).The existence of a "judicial mafia" indicates a judge's decision can be purchased. 26As the description according to Bagir Manan, that the enforcement of Indonesian law can be said to be "communis opino doctorum", which means that law enforcement considered failed in achieving the objectives indicated by law. 27Based on that various criticisms of the judicial process and to respondi various problems in resolving religious blasphemy, in current legal developments an alternative has emerged, namely through nonpenal policies.
The crime settlement policy through the "penal" settlement focuses more on the "repressive" character (suppression/eradication) after a crime occurs, while the "non-penal" policy focuses more on the "preventive" nature (prevention/deterrence) before the crime occurs. 28Due to its nature that character to emphasize preventive action when a crime occurs, the main objective of non-penal policies is to deal with the factors conducive to the occurrence of crime.Among others, these conducive factors focus on social problems or conditions that can directly or indirectly lead to crime. 29cording to Is Heru Permana, compared to the prevention through the penal policy, the criminal settlement is much more effective if it is carried out with a non-penal policy.Apart from the state, the community can also make efforts through social policies, such as in the field of education, improving the standard of living of community members. 30This is also agreed by W. A. Bonger, who stated that the efficiency and effectiveness of preventive policies is better than repressive policies.
The thought of preventing the crimes is better than trying to educate criminals to be good again, better here also means easier, cheaper and more achieving its goals. 31e non-penal policy in blasphemy can be through strengthening the law intended to make the function of prevention (preventive) effective so that there are no more incidents of mass violence in the name of religion and/or groups in the life of the community, nation and state.To carry out this preventive function, the most important thing is that our legal development policies must be directed to restructure the regulatory system and the institutionalization of legal institutions, both those working in the law making field and implementing, 32 especially in the development of laws to tackle religious offenses or what is often called a criminal policy. 33Then in the non-penal policy settlement, the handling of offenses against religious and belief harmony can be approached with theological and sociological approaches which include; theological approach, nationalism, education and dialogue between religious and believers. 34 addition, Saiful Abdullah in his research stated that in non-criminal blasphemy policies, such as the emergence of deviant sects can use criminal law policies for the future, by carrying out juridical anticipation, namely preparing various regulations related to deviant sect as part of religion criminal acts, especially in the Concept of the Criminal Code.Prevention of deviant sects through non-penal measures can be pursued by adopting a religion prevention approach.Besides that, a cultural approach, a moral/educational approach is also needed.Or in other words, the religious approach is one of the non-penal efforts in overcoming deviant sects or differences in religious views/beliefs. 35In addition to non-penal efforts outside the preventive process, the settlement of blasphemy can use a non-penal mechanism through restorative justice that fulfills the sense of justice in society with a simple application in resolving religious blasphemy.
The background of the thought of restorative justice is based on the theory of criminal law policy which is identical to the reform of criminal law.The ideas of criminal law reform are related to the Criminal Justice System or SPP, in which the ideas of penal reform consist of the idea of victim protection, the idea of harmonization, the idea of restorative justice, the idea of overcoming rigidity/formality in the prevailing system, the idea of avoiding the negative effects of the SPP and the current criminal system, especially in finding other alternatives to imprisonment. 36This criminal law reform is the most effective step so that the process of litigation can find a justice that really benefits.
The "Out of Process Settlement" policy provides the best solution to answer justice that leads to balance. 37e concept of restorative justice is a concept that can function as an accelerator of simple, fast and low cost justice principles to guarantee the fulfilment of legal certainty and public justice.As with Law Number 48 of 2009 concerning Judicial Power (hereinafter referred to as the Law on Judicial Power), the justice-seeking community hopes that the administration of justice and law enforcement that meets the principles of fast, simple and low cost will become a reality in legal life. 38This concept will be applied to blasphemy cases because basically the needed when blasphemy occurs is the perpetrator's correction of the religion that has been defiled.Through this concept, correction from the perpetrator can take in the form of real action so that the perpetrator can understand the mistakes he has made when desecrating religion.The concept of implementing restorative justice is carried out through activities such as: Mediation of victims and perpetrators/offenders; Family group deliberations; Recovery services in the community for both victims and perpetrators.The purpose of implementing the criminal justice system depends on the system's model, namely the retributive justice model or the restorative justice model.Thus, in resolving religious blasphemy based on restorative justice, prioritizing deliberation or mediation will involve various parties, not only victims and perpetrators but also the community.All of these parties will be directly involved in blasphemy settlement so that the settlement process's outcome will fulfil justice for all parties.

The Idea of Penal Mediation in Religious Blasphemy Settlement
One form of restorative justice is mediation. 39As research from the practical dimension, mediation will correlate with the achievement of the world of justice.As time goes by, the number of cases that go to court is increasing day by day, so that the consequences become a burden on the court in examining and deciding cases according to the principle of "simple, fast and low-cost justice". 40Penal mediation is the settlement of a criminal case through deliberation with the help of a neutral mediator, attended by victims and perpetrators and parents and community representatives, to restoring the victim, perpetrator, and the community. 41The development of theoretical discourse and the development of criminal law reforms in various countries, there is a strong tendency to use penal mediation as an alternative to solving problems in the field of criminal Criminal Law Policy in Blasphemy Enforcement Based on Restorative Justice law. 42Countries that have implemented penal mediation include Austria, Germany, Belgium, France, Poland, Slovenia, Canada, the United States, Norway, Denmark, and Finland. 43us, efforts to resolve blasphemy can also use alternative problem-solving efforts with the concept of restorative justice, such as using mediation.Penal's mediation that applies restorative justice values is not new to the Indonesian people, in fact, currently, mediation with restorative justice can be said to be a progressive approach. 44In principle, criminal cases cannot be resolved through the Mediation mechanism.However, in practice, criminal cases are often resolved through the mediation mechanism, which is an initiative of law enforcers as part of the settlement of cases.
Thus, in reality mediation can actually be carried out in the Criminal Justice System or SPP. 45This is also in accordance with the SPP theory put forward by Muladi that if the criminal justice system is too formal and based only for the sake of legal certainty it will lead to injustice. 46 the social practice of Indonesian society, penal mediation institutions have long been known and have become a tradition, among others, among the people of Papua, Aceh, Bali, Lombok, West Sumatra and the customary law of Lampung.47 Even in Aceh (NAD), the settlement of criminal acts through mediation has been stated in Perda no.7/2000 concerning the Implementation of Customary Life which, among other things, regulates: 48 "Article 13: Disputes are settled first peacefully through customary deliberations.Article 14: Peace: binding the parties; Those who do not heed customary decisions will be subject to customary sanctions.Article 15: If the parties are not satisfied with the customary ruling, they can submit their case to law enforcement officials." As stated in the previous sub-chapter, settlement through peaceful means in cases of blasphemy has been regulated in Law no. 1 PNPS of 1965 is an effort to provide strong advice and warnings to perpetrators of blasphemy, before any penalties or trials are made.However, this advice is not sufficient, considering that in several cases blasphemy has led to various actions, ranging from demonstrations, riots to the destruction of public facilities, such as the case of Muhammad Saleh   (1996). 49, Dedi Priadi dan Gerry Luhtfi Yudistira (2007) case, 50 Antonius Richmond Bawengan (2010), 51 Jurnal Bina Mulia Hukum Volume 8, Number 1, September 2023   Ahok case(2016), 52 and Meliana case (2017). 53So that in the case of blasphemy is not enough just to give strong advice or warnings, but to be imprisoned, the legal basis for blasphemy is considered less compatible because limits human rights, namely the right to freedom of expression, opinion and religion. 54e idea of mediation as a blasphemy solution is also mentioned in research conducted by Soma Wijaya and Ajie Ramdan which states that mediation and dialogue are needed when blasphemy occurs because it is possible that this dialogue can change the religious views of the perpetrators.If what happens is a misunderstanding, such as a perpetrator does not intend or intentionally commit religious blasphemy, mediation and dialogue will clarify the accusation.Mediation and dialogue are in accordance with the character and direction of the current national criminal law politics. 55erefore, through the concept of restorative justice, which is in the form of penal mediation, it can be used as an alternative way to resolve non-penal blasphemy.
Understanding the method of "Penal Mediation", the "application" policy is a form of modernization of criminal law in an effort to get out of the difficulties shackles in finding a satisfactory basis for maintaining criminal sanctions, which revolves around the main objective of protecting public interests, preventing and controlling crime and correcting people who violate criminal law. 56iminal law policies in the prevention of criminal acts through the effort of "Penal Mediation" in the framework of reforming criminal law in Indonesia include formulation policies on the provisions of the Draft Criminal Code by making them as material for analysis and combined with comparative studies of criminal law in other countries.57 In the drafting of the Criminal Procedure Code on Penal Mediation is regulated in Article 111: "(1) An investigator has the authority to stop an investigation because there is insufficient evidence or the incident does not turn out to be a criminal act or the investigation is terminated by law.
(2) Termination of investigation as intended in paragraph (1) can also be carried out on the basis of: a. the decision of the pre-trial judge based on the request of the victim/reporter; b. achieved a mediation settlement between the victim/reporter and the suspect." The Draft Criminal Procedure Code mentioned above allows for penal mediation at the level of investigation as a reason for investigators to terminate a criminal case and is also regulated in a 52 Raising massive Islamic demonstrations throughout the end of 2016.https://www.republika.co.id/berita/nasional/ hukum/17/05/10/opp5r4330-ini-7-rangkaian-aksi-bela-islam-sebelum-ahok-divonis-2-tahun-penjara, accessed on April 18, 2020. 53The angry mob destroyed houses and monasteries.https://news.detik.com/berita/d-4501140/jejak-meliana-dihukumma-18-bulan-penjara-karena-kritik-volume-azan,8 According to the idea that mediation can be carried out at the prosecution level as well as at court proceedings with the consideration of legal certainty, legal benefits and legal justice with arguments, if the penal mediation is carried out at the prosecution level, the principle that can be used is the principle of opportunity which is a teaching that gives authority to the Prosecutor to set aside a case, even though the evidence is sufficient, in the public interest, either with conditions or without conditions. 59garding the settlement of blasphemy through penal mediation, it can be carried out by the penal mediation process in the criminal justice system (SPP), which involves law enforcement officials in the mediation process.This kind of penal mediation process can be used as a contribution to reforming criminal law.The process can be done in the following way: 60 1.Penal mediation in the criminal investigation stage, the investigation stage is the initial stage of the criminal justice process.At this stage is possible for investigators to continue or discontinue criminal acts into the criminal justice process.At this stage of investigation, mediation is a combination of informal mediation models, victim-offender mediation and recovery program negotiations between the perpetrators of blasphemy, the community, and the investigator.
2. Penal mediation at the prosecution stage, after a delegation from investigator to the public prosecutor.In this stage, the public prosecutor is not supposed to immediately forward the criminal act to the court but rather encourage the parties to reconcile.Or the public prosecutor can immediately stop the prosecution if there is a settlement outside the criminal justice system process.
3. Penal mediation at the court hearing examination stage, penal mediation is carried out at this stage after the case is transferred to court by the public prosecutor.At this stage of mediation as in civil cases, judges offer an alternative to the criminal case settlement by conciliation before an examination process is carried out in front of a court session to the parties, namely the perpetrator of blasphemy and the victim.In this case, religious people who feel their religion is being tainted.If an agreement is reached between the parties, then the results can be used as an excuse to abolish the punishment of the blasphemy perpetrators.At this stage, the mediator can be carried out by a judge or a mediator from outside the court.
Penal mediation at the stage of the perpetrator carries out a prison sentence.At this stage the penal mediation is carried out in the form of a recovery program negotiation that focuses on the payment of compensation from the perpetrator to the victim.Or in the form of victim-offender mediation, which focuses both on the concept of reconciliation and on the agreement to pay 58 Sahuri Lasmadi,Op.Cit.,p. 6. 59 Andi Hamzah,Terminologi Hukum Pidana,Sinar Grafika,Jakarta,p. 14. 60 Rudini Hasyim Rado, Barda Nawawi Arief, Eko Soponyono, "Kebijakan Mediasi Penal Terhadap Penyelesaian Konflik Sara di Kepulauan Kei Dalam Upaya Pembaharuan Hukum Pidana Nasional", Jurnal Law Reform, Vol. 12 No. 2, 2016, p. 274.
Jurnal Bina Mulia Hukum Volume 8, Number 1, September 2023   compensation to the victim.Mediation is carried out when the perpetrator is serving his sentence, especially imprisonment.

The Idea of Non-Penal Mediation in Settlement of Blasphemy and Freedom of Expression
Basically, problem-solving through the mediation process is one way of solving fundamental problems to Indonesian society.As is well known, Pancasila is the basis of the Indonesian State, 61 and Pancasila is a source of value for a legal system in Indonesia. 62Pancasila in the fourth sila as we know states that "Democracy is Led by Wisdom in Deliberation/Representation".It contained in the philosophy of deliberation, the meaning contained is prioritizing deliberation in making decisions for the common interest, and respecting every deliberation decision.The 4th sila of Pancasila teaches us to choose deliberation is prioritizing deliberation in making decisions for the common interest. 63 addition, with deliberation during the mediation, the perpetrator will also be given an understanding of religion that he should not despise or education related to religious deviations that should not be done.Thus, in completing this model, there will be education for the perpetrators related to blasphemy itself, as well as education on the concept of the limitations of freedom of expression and opinion.So what is emphasized in this model is not only limited to imprisonment without any understanding of the wrongs committed by the perpetrators of blasphemy but also to educate about the existence of norms that prohibit religious insults and deviations.
Mediation can be pursued through the Criminal Justice System section by law enforcement officials, or it can be pursued through processes outside of the criminal court, including through traditional village institutions / social institutions. 64So, in resolving blasphemy, freedom of expression can not only be carried out by law enforcement officials, but social institutions also have the potential to solve these crimes.This is like a theory of criminal law policy which is an integral part of social policy.
Based on research conducted by Demi Hadiantoro, Gunarto, Lathifah Hanim, which states that criminal law policies in efforts to blasphemy settlement in Indonesia require a comparative study with countries that have policies in the efforts to blasphemy settlement, both through penal and nonpenal policies.This comparative study can be a reference or consideration and provide input, such as how the criminal acts are formulated, the system of accountability, types of criminal sanctions and so on. 65Therefore, in this case, a comparison of the settlement of blasphemy will be carried out through a mediation process that does not involve law enforcement officials and has been implemented in several countries, including: 61 Astim Riyanto, "Pancasila Dasar Negara Indonesia", Jurnal Hukum dan Pembangunan, Vol. 37 No. 3, 2007, p. 457. 62  organizations and the community and disseminate information on laws and policies in the religious sector related to religious harmony and community empowerment. 71UB as an institution with members from interfaith figures spread throughout Indonesia has qualified instruments as a mediator in religious conflicts.FKUB can become a 'semi-formal' forum that bridges the government and community actors. 72So in this case, FKUB can act as a mediator in the mediation process for the settlement of blasphemy.However, in carrying out its role as a mediator, FKUB has various limitations, such as human resources and funding, as well as impartiality as a challenge for FKUB and religious leaders to act as mediators. 73other limitation is the unfamiliarity of FKUB among the Indonesian public.As already mentioned, community leaders have an important role in mediating the penal system of restorative justice.However, in fact there are still many people, especially ordinary people, who do not know what FKUB is and its role.So that in carrying out its duties, FKUB is expected to establish good cooperation with all elements of society both from elements of religious leaders, community leaders, and the government. 74 addition, in order for mediation to be one of the strategic options for resolving blasphemy, internalization is required at the group or network level (FKUB, civil society organizations).Activities that can be carried out are provide training to increase knowledge of mediation and introducing mediation service providers to FKUB members, government and civil society. 75However, FKUB in several regions received less support from the government.Legislation in the form of a Joint Ministerial Regulation (PBM) as the basis for the formation of FKUB is still weak, so it needs to be upgraded a Presidential Decree or Government Regulation in order to get greater attention from the government.This is due to the vital role of FKUB in maintaining religious harmony in Indonesia. 76us, FKUB is an institution that has the potential as a mediation institution in resolving blasphemy cases.This can be done through legal regulations that stipulate the FKUB as a mediation institution has the authority to resolve cases of blasphemy.FKUB acts as a mediator for the settlement of religious blasphemy, which can be illustrated in the following chart: or the case is reported to the police. 77This model is similar to the theory of law enforcement by Abdul Kadir Muhammad, that legal action can be carried out in several stages, where the first stage is a warning, then the imposition of sanctions, then imprisonment is the final stage after reprimands and sanctions are carried out. 78So at this stage, the settlement can only be carried out through the penal settlement, because the case is considered too severe, it is necessary to have direct firmness from law enforcement officials

CLOSING
Criminal law policy in blasphemy settlement can be done through outside the court or nonpenal settlement, namely through penal mediation with the concept of restorative justice.The process of settlement blasphemy based on this model puts forward deliberation or mediation efforts and will involve various parties, namely victims, perpetrators and the community.The penal mediation process can be carried out in two ways: the criminal justice system and the system outside criminal justice.If it goes through the criminal justice system, it will involve law enforcement officials.
Meanwhile, it can be done through social institutions through a system outside the criminal justice system.The model of mediation through a system outside the criminal justice system can be carried out through the Forum for Religious Harmony (FKUB), which can become a mediating institution for resolving blasphemy.This can be done through legal regulations that establish FKUB as a mediation institution that has the authority to resolve a blasphemy.In this model, FKUB is also an institution that plays a role in preventing religious blasphemy.The public must immediately be responsive and as soon as possible report the suspected of blasphemy before the conflict riot occurs.
This case, the FKUB is an institution that has the potential as a mediating institution in resolving blasphemy.This is as to establish FKUB, which is to maintain religious harmony.However, in carrying out its duties and objectives, FKUB must receive support from the government by establishing a legal basis of FKUB as the first institution to resolve blasphemy, before going to the penal stage.