Analysis of Legal Protection For Preachers Or Da’wa Practitionersin Delivering Da’wa

Abstract

We often see and hear in the media such as on television and sometimes even witness firsthand in our own communities, preachers or mubaligh who deliver their sermons filled with hatred, slandering those in power, denigrating or declaring other ethnic groups or races as infidels, and whose sermons even incite provocation, division, and hostility. In fact, quite a few preachers or religious educators have had to face legal consequences and ultimately ended up behind bars or in prison. This study aims to examine the legal protections available to preachers or religious educators when delivering their sermons. This is a literature review using primary legal sources. The primary legal sources include the Criminal Code (KUHP), Law No. 1 of 2024, and Law No. 40 of 2008, while the secondary legal sources consist of books, journals, articles, and dictionaries related to the topic. The data were analyzed using descriptive methods and content analysis. The results of the study indicate that there is no specific protection for mubaligh or preachers in delivering their sermons; all are equal before the law and have the right to express their opinions. However, if their opinions contradict the law such as in cases of hate speech they may be subject to sanctions in accordance with the principles of the rule of law and the provisions of applicable laws and regulations.