Mihai Iulian Necula

Bio: Mihai Iulian Necula is an academic researcher. The author has contributed to research in topics: Criminal law & Religious values. The author has an hindex of 1, co-authored 2 publications receiving 3 citations.

Freedom of Conscience and Religion as an Object of Criminal Law Protection: The Problems of Theory, Legislation and Law Enforcement Practice

Abstract: The relevance of the paper is associated with a poor theoretical framework and insufficient elaboration of many methodological and procedural questions of the freedom of conscience and religion under the contemporary conditions of Russia. With regard to this, the paper presents a number of general and particular problems of theory, legislation and practice of enforcement thereof pertaining to the criminal liability for crimes against the freedom of conscience, religion and interfaith consent. In Russia which is a multi-religious and multi-national country just like in the entire world, the current situation in freedom of conscience and freedom of religion is characterized as a crisis one, needing a way out as the right for the freedom of conscience and freedom of religion is one of the basic human and civil rights, the enforcement of which playing the pivotal part in the question of human rights as a whole. Disregarding the said right turns such notions as the “state of law” and “civic society” fictitious. The paper views questions associated with the freedom of conscience and religion as an object of criminal law protection: the problems of theory, legislation and law enforcement practice. The aspects of deliberately provocative actions against not only the religious feelings of believers but also the moral principles of the society as a whole have been revealed and analyzed in the work. The materials of the paper are of practical value for specialists in criminal law, social work, for higher education institution students, as well as to everyone interested in the problems of youth.

The Alternative Concepts of Blasphemy Law in Indonesia: Legal Comparison with Ireland and Canada

Abstract: Indonesia has recognized and implemented blasphemy law within its legal system. Nevertheless, by many scholars, it is considered ambiguous and "no perimeter", which leads to the question of its legal certainty. Blasphemy is different across religions and legal systems, particularly in Ireland and Canada. This study seeks to examine how Indonesia, Ireland, and Canada rule blasphemy. To analyze information about the regulation of blasphemy in those countries, a comparative legal approach is utilized. The result of this study shows that blasphemy laws are heterogeneously written by the national legislation of Indonesia, Ireland, and Canada. Irish blasphemy law includes the element of mens rea, protect all religions in the country. Irish government clearly defines blasphemy law as a limitation of the freedom of expression. Canada does not regulate its blasphemy law strictly but use precedents to maintain the certainty and predictability. Mirroring to these two countries, Indonesian blasphemy law should be reconstructed into five ways: expanding the protected religions to include the minority religions, defining explicit limitations, specifying mens rea element, measuring the ‘threat to public’ elements, and more professional law enforcement officers.

Penguatan nilai-nilai Pancasila di sekolah dasar

Abstract: Penelitian ini didasarkan pada pentingnya penguatan nilai Pancasila pada peserta didik di era digital saat ini. Tujuan penelitian ini adalah untuk mengetahui: 1) Bagaimana penguatan nilai-nilai Pancasila di SD; 2) Apa saja kendala untuk memperkuat nilai-nilai Pancasila di SD. Penelitian ini menggunakan penelitian kualitatif. Data dikumpulkan melalui studi pustaka, observasi dan wawancara. Subjek penelitian adalah kepala sekolah, guru, siswa. Hasil penelitian menunjukkan bahwa: 1) Pelaksanaan penguatan nilai-nilai Pancasila di SD termasuk dalam jalur sosialisasi Pancasila melalui pengembangan sosial budaya (psyco-paedagogial development) yang dilakukan melalui sholat berjamaah, pemilihan ketua kelas, diskusi kelompok kecil, pramuka, pembelajaran di kelas, jumat bersih, upacara bendera dan piket kelas. Pelaksanan penguatan nilai-nilai Pancasila di sekolah dasar menemui kendala yaitu sikap anak yang sulit dinasehati dan memiliki kebiasaan di luar sekolah yang kurang baik. Terdapat perubahan sikap dari anti sosial menjadi sikap peduli sosial. Hal ini sangat penting untuk menguatkan nilai-nilai Pancasila. --------------------------------------------------------- Strengthening Pancasila values in elementary schools This research is based on the importance of strengthening Pancasila values in students in today's digital era. The purpose of this study was to find out: 1) How to strengthen Pancasila values in elementary schools; 2) What are the obstacles to strengthening Pancasila values in elementary school. This study uses qualitative research. Data was collected through literature studies, observation, and interviews. The research subjects were principals, teachers, students. The results showed that: 1) The implementation of strengthening Pancasila values in elementary schools was included in the path of Pancasila socialization through socio-cultural development ( psico -pedagogical development) carried out through congregational prayer, the election of class leaders, small group discussions, scouts, classroom learning, clean Friday, class ceremony and class picket. The implementation of strengthening Pancasila values in elementary schools has encountered obstacles, namely the attitude of children that is difficult to advise and has bad habits outside of school. There is a change in attitude from anti-social to social caring attitude. This is very important to strengthen Pancasila values.