Journal articles on the topic 'Freedom of religion Indonesia'
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1
Prasetyani, Rurin Sisilia, and Shally Saniyya Novina. "The Interpretation of Freedom of Religion and Believe: How Do University Understand This to Society?" Indonesian Journal of International Clinical Legal Education 2, no. 1 (March 31, 2020): 15–28. http://dx.doi.org/10.15294/ijicle.v2i1.37325.
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This paper is based on the condition of freedom of religion and belief and people's understanding of the meaning of freedom of religion and belief which is still wrong and ambiguous. In fact, as dignified beings, humans have a number of basic rights that must be protected, such as the right to life, the right to political rights, the right to assemble, as well as the right to religion and belief. Human rights values teach that these basic human rights are protected and respected. Human rights teach the principle of equality and human freedom so that there can be no discrimination, exploitation and violence against humans in any form and also there should not be any restrictions and restrictions on basic human freedoms, including the right to freedom of religion. The Indonesian nation is a pluralistic nation. There are various kinds of ethnicity, race, religion, and ethnicity that cause diversity in Indonesia. Although the majority of Indonesian people are followers of Islam, however, in Indonesia there are also several other official religions recognized by the government, namely, Catholic Christians, Protestant Christians, Hindus, Buddhists, and Confucians. Therefore, every person has the right to freedom of religion or belief, that means no one may be subject to coercion that would interfere with his freedom to adhere to or embrace a religion or belief of his own choice.
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Manese, Rohit Mahatir. "Pembatasan Kebebasan Beragama Dan Berkeyakinan Di Indonesia Serta Implikasinya." Societas Dei: Jurnal Agama dan Masyarakat 8, no. 1 (April 26, 2021): 85–107. http://dx.doi.org/10.33550/sd.v8i1.209.
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This article aims to describe caused the restriction of religion and belief freedom and its implications in Indonesia. The author’s argument on the ownership that limitation of the religion and belief freedom in Indonesia which have mainstreams about religious values and blasphemy. It causes diversity in Indonesia to limited pluralism experience. With the perspective of pluralism, limiting the religion and belief freedom is carried out by the state makes ancestral religions which is not declared as official religions. Apart from making the state that recognizes only six religions, this statement contradicts the Universal Declaration of Human Rights (UDHR) and the International Covenant. By using the literature review method, this article finds that the religion and belief freedom in Indonesia experiences delimited pluralism so this condition brings to negotiated on ancestral religions and intolerance to minority groups. Keywords: Freedom of Religion and Belief; Religious Value; Delimited Pluralism; Discrimination; Intolerance.
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Sumbulah, Umi. "KEBEBASAN BERAGAMA DI SMU SELAMAT PAGI INDONESIA KOTA BATU MALANG." Al-Tahrir: Jurnal Pemikiran Islam 14, no. 2 (November 1, 2014): 359. http://dx.doi.org/10.21154/al-tahrir.v14i2.82.
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<em>This study attempts to examine the implementation of religious freedom in a multicultural education institution, namely at SMU Selamat Pagi Indonesia (SMU-SPI )in Batu City, East Java. This study focuses on the meaning of religious freedom for the academic community, and the supporting and hindering factors for the implementation of religious freedom in this school which has diverse multicultural backgrounds. This empirical study uses a qualitative- phenomenological approach. It shows some important findings. First, the meaning of religious freedom for the academic community of this school is the freedom for everyone to practice their religion in accordance with the religion and beliefs of each, while respecting the religion and beliefs of others. Second, the application of freedom of religion in this school is expressed through moral conducts amongst the school community such as compassion, good advice, moral support, religious commitment and respect for other religious observance. In addition, the implementation of religious freedom is also evident in the efforts of the school to provide teachers and spiritual guide to students in accordance to their respective religion and in the establishment of places of worship for all religions.</em>
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Ummah, Sofwatul. "POLITICAL RELIGION: MARGINALIZATION OF LOCAL RELIGION IN INDONESIA." Ushuluna: Jurnal Ilmu Ushuluddin 8, no. 1 (December 27, 2022): 32–44. http://dx.doi.org/10.15408/ushuluna.v8i1.27920.
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This article describes the chronology of recognition of formal religion and marginalization of local religion in Indonesia. Formally, the Indonesian government recognizes the formal religion based on the policy or the constitution in Indonesia. That is Presidental Decree number 1 the year 1965 and Constitution Number 5 the year 1969. According to the constitution, the formal religions are Islam, Christian, Catholic, Hinduism, Buddhism, and Confucianism. But Confucianism was marginalized on the new order of Indonesia based on the decree of the Ministry of Home Affairs year 1974. Because of this marginalization of Confucianism, the followers of it must fill the religion column with a stripe sign or choose five of formal religion. out from the five formal religion is considered as local religion or indigenous. But, in Indonesia, there is much local religion that has been existed centuries ago before the freedom of Indonesia. Even though based on The Ministry of culture and Tourism in 2003, there were 245 local religions in Indonesia. Because local religions were not recognized, it was thought that Indonesia had no religion before the first century. So, this article explains about 1) the chronology of recognition of formal religions and local/indigenous religion in Indonesia and 2) the effect of political religion on formal and local/indigenous religion. I argue that because of a narrow understanding of religion, so the policy or the constitution about religion in Indonesia seems narrow and impact on marginalization to civil society that believes in local religion/indigenous religion, because of this policy indigenous community in Indonesia do not have their rights such as recognition of the name of their indigenous religion in ID card and administration service. Then, this article is a descriptive with qualitative as an approach, and library research is used as the technique of collecting data.
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Yekrianus, Sirilus. "Kebebasan Beragama di Indonesia dalam Terang Pemikiran Barcuh de Spinoza." FOCUS 2, no. 2 (June 22, 2022): 63–73. http://dx.doi.org/10.26593/focus.v2i2.5260.
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This paper pays attention to the issue of religious freedom in Indonesia. Freedom of religion is one of the individual rights of every person. People are free to choose religion according to their minds. By reason, it means that humans recognize the values that are sparked in a religion. The duty of the state is to guarantee religious freedom. In the Indonesian context, freedom of religion is guaranteed in the legal basis contained in the 1945 Constitution. However, it is inevitable that this kind of freedom is also subject to discriminatory treatment. To underline this, Spinoza, a philosopher who greatly respected reason, explained the importance of religious freedom as an individual choice. Freedom of religion according to him should not be restrained by any authority. This paper was written using the literature method which tries to confront Spinoza's thoughts on religious freedom with the issue of religious freedom in Indonesia.
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Nawawi, Muhammad Anwar. "Kebebasan Beragama di Indonesia (Studi Jemaat Ahmadiyah dalam Perspektif Majelis Ulama Indonesia dan Komisi Nasional Hak Asasi Manusia)." FIKRI : Jurnal Kajian Agama, Sosial dan Budaya 3, no. 1 (July 31, 2018): 193. http://dx.doi.org/10.25217/jf.v3i1.280.
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This paper examines the meaning of religious freedom in Indonesia, the perspective of the Indonesian Ulema Council and the Indonesian National Commission especially in the context of Ahmadiyah. The essence of religion is freedom of religion. Therefore the state should protect the public interest, by guaranteeing the freedom of religion. But what happens in Indonesia as a nation state nempaknya will have difficulty to really fair to the minority. And in Indonesia Islam that becomes the majority often apply this way. This is as it is done with the flow of beliefs, or even against the Islamic groups themselves who call the Ahmadiyya school. Here there is a debate about the meaning of religious freedom between MUI and Komnas HAM. The focus of this paper is how is religious freedom in Indonesia in the perspective of MUI and Komnas HAM in the context of Ahmadiyya Jamaat?
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Silfiah, Rossa Ilma, and Zulkarnain Zulkarnain. "Perkembangan Delik Penodaan Agama Di Indonesia: Perspektif Historis Konstitusional." Widya Yuridika 5, no. 2 (September 1, 2022): 461. http://dx.doi.org/10.31328/wy.v5i2.3787.
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The blasphemy offense in Indonesia is a strategic offense to be discussed in detail, historically and constitutionally. In this case religion is protected by the state, and religion is a guideline in society, nation and state, so that the existence of religion becomes the spirit of the formation of this country. Religious life cannot be separated from the discussion of religious freedom which is part of human rights. Freedom of religion in Indonesia is based on the First Precept of Belief in the One Supreme God, where freedom is freedom based on the values of religion that live in Indonesia. One's religious freedom will be face to face with the religious rights of others, so it requires rules to maintain common order. These religions include Islam, Christianity, Catholicism, Hinduism, Buddhism, and Confucianism which have been mentioned in the explanation of the Presidential Decree Law No. 1/1965 on the abuse/blasphemy of religion, and submits Article 156a to be part of Article 156 of The Criminal Code. The research uses normative legal research methods with historical and case approaches. The essence of the blasphemy regulation is to regulate harmonious religious life. This article will discuss the state's protection of religion and religious life from a historical-constitutional perspective as well as cases of blasphemy against religion that have occurred. By knowing some of the cases that occurred, both blasphemy against religion in the form of hate speech and the destruction of houses of worship, it will be easy to analyze the causal factors and solutions that must be carried out by both the government and the community
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Herlindah, Herlindah, Indah Dwi Qurbani, and Dorra Prisilia. "THE EXISTENCE OF PANCASILA IN RESOLVING CONFLICTS OF DIFFERING VIEWS ON RELIGIOUS RIGHTS IN INDONESIA." Diponegoro Law Review 7, no. 2 (October 27, 2022): 212–29. http://dx.doi.org/10.14710/dilrev.7.2.2022.212-229.
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This research investigates how Pancasila (the Five Principles) could serve as an equilibrium in regulating the freedom of religion in Indonesia and how these five principles could negotiate the concept of this freedom within the coverage of national Human Rights affected by western human rights related to the concept of the freedom of religions within the scope of Islam. The three different regulatory concepts regarding freedom of religion in Indonesia, constituting Islamic law, International Human Rights, and Particular Human Rights, have always sparked conflict unless these three concepts are accommodated by law. The analysis was performed by employing the doctrine of margin of appreciation. This research reveals that Pancasila could serve as the fundamental of Indonesia in facilitating the freedom of religion. This research also employed a normative-juridical method, interdisciplinary, statutory, and conceptual approaches.
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Gudorf, Christine E. "Religion, Law, and Pentecostalism in Indonesia." Pneuma 34, no. 1 (2012): 57–74. http://dx.doi.org/10.1163/157007412x621680.
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Abstract Since Indonesian independence the state has attempted to protect freedom of religious practice by managing religions, and has enacted many religious regulations. Three of those regulations which especially impact the work of Pentecostals are the limits on financial aid from abroad, the ban on proselyzation, and the requirement for FKUB permits for building houses of worship. Because of these regulations, Pentecostal spread in Indonesia is both generally suspect, and a further problem for the state Ministry of Religion, charged with maintaining religious stability.
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Kristina, Ayu. "The Position of Kejawen in the Indonesian Constitution." DINIKA : Academic Journal of Islamic Studies 6, no. 2 (December 30, 2021): 291–308. http://dx.doi.org/10.22515/dinika.v6i2.4651.
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The paradigms of world religions often influence Indonesia's general understanding of religion. Indigenous religious practices are often labeled as animistic practices. The adherents of the Indigenous religion are often regarded as worshipers of trees, mountains, and the like. Such is the case with adherents of the Indigenous religion in Java Island (Kejawen). From the results of a literature study that utilizes various literature and paradigms related to the existence of religion in Indonesia, this study tries to look further into the position of Kejawen in the Indonesian constitution. The results of this study found that Kejawen adherents still experience many discriminatory actions due to the lack of comprehensive understanding of the Indonesian people regarding the importance of symbolic recognition and the resources of Kejawen teachings. In addition, Kejawen adherents also feel they have a historical burden because they are not considered adherents of a religion "recognized" by the State. Kejawen is often associated with occult and shamanic traditions. The Indonesian constitution clearly states that the State must be fair in guaranteeing and giving freedom to every citizen to choose, adhere to, and practice their religions or beliefs. Kejawen, as part of the Indigenous religion, should also be protected and guaranteed its rights and freedoms and placed in an equal position with other religions.
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Gurning, Edy J. P. "Peran Sosial Gereja Menurut Barth dan Moltmann [The Social Role of the Church according to Barth and Moltmann]." Diligentia: Journal of Theology and Christian Education 1, no. 1 (September 30, 2019): 41. http://dx.doi.org/10.19166/dil.v1i1.1898.
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The ideology of the nation Indonesian is Pancasila. Within this ideology Pancasila, the state ensures religious freedom practices and provides space for religion to play a role in carrying out justice and peace in society. Particularly in the post-secular era, the role of religion becomes more significant. Post-secularism provides an active not passive and greater role for religion in presenting its social role. Christianity, as one of the religions in Indonesia, is also urged to participate in playing its social roles. Based on the characteristic Indonesian context, the social role of the church initiated by Karl Barth is far better to be employed in Indonesia than the social role of the church initiated by Jurgen Moltmann.
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Syakur, Abd. "Telaah Peran Etis Agama-agama di Indonesia Perspektif Civil Religion." Teosofi: Jurnal Tasawuf dan Pemikiran Islam 7, no. 1 (June 2, 2017): 225–48. http://dx.doi.org/10.15642/teosofi.2017.7.1.225-248.
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This article seeks to figure out socio-religious reciprocity pertinent to the pluralistic context of Indonesia within its various dimensions of life, especially the religious aspect, through what so-called civil religion. The very notion of civil religion reflects religious, social, and political maturity. The religions, in this context, function as a pivotal source of moral-ethics which generate spirit to build a strong nation-state to pursue its objectives. At this point, the state becomes a shared sacred home to all of its citizens which is free of fear and anxiety. The state plays an undoubtedly important role to protects its people and provide them a means of development in order to allow them to exhume religious freedom and reach a holy meaningful life. It will subsequently enhance and strengthen culture of dialog. This article supports an argument that in order to bring about the vision of civil religion in Indonesia we require three least possible conditions, namely heterogeneous religions which generate positive morality, the culture of sincere dialog, and freedom of religion.
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Pinilih, Sekar Anggun Gading. "AKTUALISASI NILAI-NILAI PANCASILA TERHADAP HAK ATAS KEBEBASAN BERAGAMA DAN BERIBADAH DI INDONESIA." Masalah-Masalah Hukum 47, no. 1 (January 30, 2018): 40. http://dx.doi.org/10.14710/mmh.47.1.2018.40-46.
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Indonesia is a religious pluralism country, not only one religion is recognized by the state but more than one religion and belief. Every Indonesian people has the freedom to choose, embrace, teach religion according to his belief without interruption and disturbing from others. Pancasila comes as a unifying nation in running the diversity, especially the value of Belief in God. This value then animates Article 28 E Paragraph (1) and Article 29 of the Constitution of Indonesia as the legal basis for guarantee the right to freedom of religion and worship.
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Akbar, Mar'ie Muhammad Falah. "Legal Protection for Tolerance and Freedom Among Religious People in Indonesia." Contemporary Issues on Interfaith Law and Society 1, no. 1 (January 31, 2022): 39–58. http://dx.doi.org/10.15294/ciils.v1i1.56712.
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Legal protection given by the state of Indonesia to the followers of religion as has been stated in the first principle of Pancasila the divinity of the Almighty, in which the state of Indonesia, although not a country based on a particular religion, but the state of Indonesia is a religious country, so that every adherent of religion guaranteed their rights and legally protected from all actions that harm the adherents of that religion. Legal protection has been contained in the 1945 Constitution of the State of the Republic of Indonesia in Article 28 E, 28 J and Article 29. The rights and freedom of religion may be limited to its fulfillment if it has the potential to interfere and interfere with the rights and freedoms of others. This is in accordance with the principle of harm-principle proposed by Jhon Stuart Mill and the view of Asma Jahangir who argued that the concept of restriction of religious freedom is only at the level of the external forum.
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Kadarudin, Kadarudin. "Legal Guarantees and Inconsistency of State Recognition to the Right of Religion/Belief in Indonesia." Hasanuddin Law Review 1, no. 1 (May 17, 2015): 1. http://dx.doi.org/10.20956/halrev.v1i1.36.
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The right to freedom of religion/belief has been guaranteed by law in Indonesia, but there are still going on some violations of the right to freedom of religion/belief in the various regions. The purpose of this study was to determine the form of the legal guarantee of the right to freedom of religion/belief in Indonesia, shape inconsistencies state recognition of the right to religion/belief in Indonesia, and efforts to improve the rights of religion/belief in Indonesia. This paper uses a normative study. It was found that there are some rules that apply in Indonesia, which may hinder the implementation of the right of religion/belief, thus causing the occurrence of cases of rights violations religion/belief in some areas, should therefore rules should be immediately revoked. The conclusions of this paper are contained inconsistent state recognition of the right to religion/ belief in Indonesia.
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Kadarudin, Kadarudin. "Legal Guarantees and Inconsistency of State Recognition to the Right of Religion/Belief in Indonesia." Hasanuddin Law Review 1, no. 1 (May 17, 2015): 1. http://dx.doi.org/10.20956/halrev.v1n1.36.
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The right to freedom of religion/belief has been guaranteed by law in Indonesia, but there are still going on some violations of the right to freedom of religion/belief in the various regions. The purpose of this study was to determine the form of the legal guarantee of the right to freedom of religion/belief in Indonesia, shape inconsistencies state recognition of the right to religion/belief in Indonesia, and efforts to improve the rights of religion/belief in Indonesia. This paper uses a normative study. It was found that there are some rules that apply in Indonesia, which may hinder the implementation of the right of religion/belief, thus causing the occurrence of cases of rights violations religion/belief in some areas, should therefore rules should be immediately revoked. The conclusions of this paper are contained inconsistent state recognition of the right to religion/ belief in Indonesia.
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Tripathi, Neha, and Anubhav Kumar. "The Constitutional Struggle for Religious Freedom: A Comparative Study of India and Indonesia." Constitutional Review 8, no. 1 (May 31, 2022): 1. http://dx.doi.org/10.31078/consrev811.
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Constitutions tend to regulate the relationship between religious and state authorities. Before the rise of the modern state, it was difficult to make proper distinctions between law, religion and morality. With the emergence of Western liberalism, the concept of democracy and secularism gained newfound attention, becoming ingrained and in tune with modern constitutional frameworks. Establishing the relationship between state and religion is a thorny issue for constitution-makers. Opponents of constitutional recognition of religion view religion as a private matter, relating to personal beliefs and conscience. This paper studies the comparative constitutional frameworks of India and Indonesia in relation to the right to religious freedom. As vibrant democracies comprised of ethnically diverse populations, both India and Indonesia grapple with issues concerning religious majorities and minorities. In India, Hindus are the majority, then Muslims, Christians, Sikhs and Buddhists; whereas in Indonesia, Muslims are the majority, then Christians, Hindus and Buddhists. Both India and Indonesia have ratified the International Covenant on Civil and Political Rights. The judgments of the constitutional courts in these countries have prompted constitutional law scholars to analyze the status of constitutionally recognized freedom of religion and its enforceability. This article first studies the relationship between state and religion in the contemporary sphere, thereby engaging in a comparative study of the formation of constitutional provisions in relation to religious freedom in India and Indonesia. Second, it aims to establish the importance of religious freedom within a constitutional framework. Third, it will discuss the issues surrounding recognition and enforcement of religious freedom in India and Indonesia, as well as providing an analysis from the perspective of majoritarianism and religious intolerance. Fourth, it will analyze landmark judgments of the constitutional courts of India and Indonesia in formulating and establishing the basic tenets of religious freedoms in the two nations. The role of the judiciary and governmental institutions in dealing with issues of religious freedom remains a central question in democratic countries such as India and Indonesia. Keeping in mind the need for a more holistic study and contributing to the literature in this area, the authors will present a comparative analysis of religious freedom in both these nations for nuanced understanding of religious rights and their interplay with the respective constitutions.
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Krisdanar, Vino Devanta Anjas. "Menggagas Constitutional Complaint Dalam Memproteksi Hak Konstitusional Masyarakat Mengenai Kehidupan dan Kebebasan Beragama Di Indonesia." Jurnal Konstitusi 7, no. 3 (May 20, 2016): 185. http://dx.doi.org/10.31078/jk737.
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Social needed of Indonesia people about Constitutional Complaint is urgent and must be held as an effort to protect constitutional rights of Indonesian people itself. The application of a concept without adaptation of new system to original system will make disorder the original system that has been used in Indonesia Law System. No many changes in adaptation of Constitutional Complaint to law system of Indonesia. The effort to protect constitutional rights of Indonesian people in life and freedom of religion must be selected carefully. Government has a duty to protect the society form deviate conviction that indicated can destroy the peace of society or hurt the other religion. For that case, Constitutional Complaint can’t be used as a mechanism to protect the deviate conviction for the reason to protect the life and freedom of religion. The mechanism of Constitutional Complaint as an authority of Constitutional Court first must held the socialization to all Indonesian people in order to the closeness between Indonesia people and Constitution of Indonesia.
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Handoko, Duwi. "Kajian Terhadap Hak atas Kebebasan Beragama dan Berkeyakinan serta Hak atas Pekerjaan." Ajudikasi : Jurnal Ilmu Hukum 3, no. 1 (July 2, 2019): 53. http://dx.doi.org/10.30656/ajudikasi.v3i1.987.
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The purpose of this study is to analyze the freedom to embrace religion and belief and fulfill the right to work in Indonesia. This type of research is normative legal research specifically discussing human rights in the field of religion and work. Regulation on the role and sanction for the government in the context of guaranteeing religious freedom, especially for Muslims, is very important. One form of legal vacuum in the regulation of religious freedom in Indonesia is in the context of the release of someone from Islam who aims to save humanity (of course also for other religions in Indonesia) and embrace other religions of his own free will. Regulations regarding the role and sanctions for the government in the context of guaranteed rights to obtain decent jobs, especially at productive age, are very important. Technically, it is clearly impossible for employers to recruit workers if there are no jobs in accordance with the capacity of the company's needs. From this, it can be said that the fulfillment of the right to work has a correlation with other types of rights so that a worker can have competence. The amount of unemployment that cannot be reduced by the Indonesian government and discriminatory treatment is a form of violation of the right to work.
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Hefner, Robert W. "Islam and Institutional Religious Freedom in Indonesia." Religions 12, no. 6 (June 7, 2021): 415. http://dx.doi.org/10.3390/rel12060415.
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By emphasizing that individual religious freedom depends for its realization on complex social embeddings, the concept of institutional religious freedom provides an important corrective to conventional, individualistic approaches to religious freedom. The concept also helpfully complicates the investigation of religious freedom by encouraging analysts to recognize that different societal and civilizational traditions define religion itself in significantly different ways. Tensions such as these between different social definitions of religion and between different manifestations of institutional religious freedom have been a chronic feature of religious life in Indonesia since the establishment of the republic in 1945. This paper examines these legacies in the context of contemporary Indonesia, especially in light of ongoing disputes over the legal and ethical status of spiritual traditions (kepercayaan) long barred from full state recognition. The essay also explores the theoretical and policy implications of the Indonesian example for the analysis of institutional religious freedom in the late modern world as a whole.
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INTAN, BENYAMIN F. "The Ministry of Religion and the Rights of the Minority: The Witness of Protestant Christianity in Indonesia." Unio Cum Christo 1, no. 1 (October 1, 2015): 127. http://dx.doi.org/10.35285/ucc1.1-2.2015.art15.
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Abstract: The practices of the Ministry of Religion in Indonesia that discriminates against and disregards the freedom and rights of the minority are contradictory to the aspirations of the founding fathers of the nation as declared in the Indonesian Constitution. In order to bridge this gap it is essential to have a critical and reflective study on religion-state relations and the existence of the Ministry of Religion. The study presented in this article will deal with this problem from a historical standpoint and will be based on the underlying principles of Christian witness and thought in Indonesia. It will also recommend some practical strategies in protecting the freedom and rights of the minority in Indonesia.
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Rofikoh, Nur. "Kebebasan Beragama di Indonesia perspektif Ratio Legis Hukum Riddah." Al-Jinayah: Jurnal Hukum Pidana Islam 3, no. 2 (March 22, 2018): 454–84. http://dx.doi.org/10.15642/aj.2017.3.2.454-484.
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Abstract: This article discusses about the freedom of religion in Indonesia according to riddah law ratio legis. In Indonesia, the guarantee of religious freedom is in the 29th article of 2nd paragraph in the 1945 Constitution that someone is free to choose and embrace a particular religion. Persons who convert from one religion to another shall not be punished, except those whose religion denounces, abuses or condemns oother religions which may be punished. The act is regulated in the article 156a of the Criminal Code concerning the prohibition of abuse or defamation of religion. Islam guarantees freedom of religion as the Qur'anic verse of al-Baqarah verse 256 that there is no compulsion to enter Islam. In a Islamic law, a person who comes out of Islam is called apostate and his blood is halal to be killed. The act is included in the category of riddah jarîmah which can be sentenced a hadd punishment, death penalty. Nevertheless, there are some opinions that in Islamic law not all people come out of Islam can be put to death, only those who emerge from their religion that cause rebellion, chaos on the earth that can be killed.
Keywords: Religious freedom, Indonesia, ratio legis, riddah.
Abstrak: Artikel ini membahas tentang kebebasan beragama di Indonesia menurut ratio legis hukum riddah. Di Indonesia, jaminan atas kebebasan beragama terdapat dalam pasal 29 ayat 2 UUD 1945. Warga yang melakukan pindah agama satu ke agama yang lain tidaklah dikenai hukuman, kecuali mereka yang dalam agamanya mencela, menghina atau menista agama lain yang dapat dijatuhi hukuman. Perbuatan tersebut diatur dalam pasal 156a KUHP tentang larangan melakukan penyalahgunaan atau penodaan terhadap agama. Islam menjamin kebebasan beragama sebagaimana nash al-Qur’an surah al-Baqarah ayat 256, bahwasanya tidak ada paksaan untuk memasuki agama Islam. Dalam hukum Islam, seseorang yang keluar dari agama Islam disebut murtad dan halal darahnya untuk dibunuh. Perbuatan tersebut masuk dalam kategori jarîmah riddah yang dapat dijatuhi hukuman hadd yakni hukuman mati. Meski demikian, ada beberapa pendapat bahwa dalam hukum Islam tidak semua orang keluar dari Islam dapat dihukum mati, hanya orang yang keluar dari agamanya yang menimbulkan pemberontakan, kekacauan di muka bumilah yang dapat dihukum mati.
Kata Kunci: Kebebasan beragama, Indonesia, ratio legis, riddah.
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Tampubolon, Manotar, and Norazlina Abdul Aziz. "Violating Christian Minority Freedom of Religion in Indonesia." International Journal of Religion and Spirituality in Society 11, no. 1 (2021): 235–53. http://dx.doi.org/10.18848/2154-8633/cgp/v11i01/235-253.
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As'ad, Muhammad. "AHMADIYAH AND THE FREEDOM OF RELIGION IN INDONESIA." JOURNAL OF INDONESIAN ISLAM 3, no. 2 (December 1, 2009): 390. http://dx.doi.org/10.15642/jiis.2009.3.2.390-413.
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Kusmayanti, Hazar. "THE PROTECTION OF RELIGIOUS FREEDOM OF SUNDA WIWITAN BELIEVERS." Jurnal Hukum dan Peradilan 8, no. 3 (December 12, 2019): 391. http://dx.doi.org/10.25216/jhp.8.3.2019.391-406.
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Sunda Wiwitan as a religion had existed prior to the other, more well known religions in Indonesia, but is currently isn’t recognized as an official religion by Act No.1/PNPS/1965. The state, as opposed to guaranteeing the freedom of belief and its practice, instead imposes restrictions on religion in this particular case, leaving the believers of Sunda Wiwitan feeling abandoned and as outcasts. As a result, many violations and discriminations are experienced by adherents of Sunda Wiwitan. One example of such discrimination is the “whiting-out” of the “religion” column in ID Cards. The result of this discrimination is difficulty in accessing civil documents, in addition to verbal violence from certain parts of the society who assume the Sunda Wiwitan belief as heretic.
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Herlius, Ferry, and Donna Rumiris Sitorus. "Perkembangan Relasi Negara dan Agama Paska Reformasi Konstitusi." Media Iuris 5, no. 3 (October 31, 2022): 429–48. http://dx.doi.org/10.20473/mi.v5i3.36810.
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AbstractSpeaking of the number of religions in Indonesia, juridically, since the past until now Indonesia has not designated one particular religion as a state religion nor does it make Indonesia a religious state. The position taken by the Indonesian state is in line with the theory and conception of a symbiotic state, it can be seen with the emergence of laws that meet the needs of all religions in Indonesia. This paper will discuss the relationship between religion and the state in historical currents, as well as the guarantee of religious freedom in positive law and international conventions. The method used in discussing this matter is a normative research method, with primary legal materials consisting of laws and regulations and secondary legal materials consisting of literature literature. The approach used is a statute approach and a conceptual approach. The results showed that religion and state in Indonesia have a dynamic pattern from the beginning of independence to the present. The relationship of religion and the state, has a symbiotic pattern of mutualism. The state needs religion as a source of morality for the administration of the state and the social system of society, religion needs the state to facilitate worship and certain religious needs of each religion. Keywords: Relation; State and Religioin; Amandement Constitution. AbstrakBicara banyaknya agama di Indonesia, secara yuridis, sejak dahulu hingga saat ini Indonesia tidak menetapkan satu agama tertentu menjadi agama negara dan juga tidak menjadikan Indonesia sebagai negara agama. Posisi yang diambil negara Indonesia sejalan dengan teori dan konsepsi negara simbiotik, hal itu terlihat dengan munculnya undang-undang yang memenuhi kebutuhan seluruh agama di Indonesia. Tulisan ini akan membahas mengenai relasi agama dan negara dalam arus sejarah, serta jaminan kebebasan beragama dalam hukum positif dan konvensi internasional. Metode yang digunakan dalam membahas hal tersebut adalah metode penelitian normatif, dengan bahan hukum primer yang terdiri dari peraturan perundang-undangan dan bahan hukum sekunder yang terdiri dari literatur kepustakaan. Pendekatan yang digunakan adalah pendekatan peraturan perundang-undangan dan pendekatan konseptual. Hasil penelitian menunjukkan bahwa agama dan negara di Indonesia memiliki pola yang dinamis sejak awal kemerdekaan hingga saat ini. Relasi agama dan negara, memiliki pola simbiosis mutualisme. Negara membutuhkan agama sebagai sumber moralitas bagi penyelenggaraan negara dan tata sosial kemasyrakatan, agama membutuhkan negara untuk memfasilitasi peribadatan dan kebutuhan keagaamaan tertentu dari tiap-tiap agama. Kata Kunci: Relasi; Negara dan Agama; Amandemen Konstitusi.
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Setyawan, Nathanael Bagas, and Ridwan Arifin. "ANALISIS PERLINDUNGAN TERHADAP TOLERANSI KEBEBASAN BERAGAMA DI INDONESIA DALAM PERSPEKTIF HAK ASASI MANUSIA." Nurani: Jurnal Kajian Syari'ah dan Masyarakat 19, no. 1 (June 28, 2019): 27–34. http://dx.doi.org/10.19109/nurani.v19i1.3100.
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Activities to religion are generally carried out by all religious communities in the world without limiting an activity in the process, because it can disrupt the worship process. But in its implementation, especially in Indonesia, the public is less aware of the importance of tolerating religious freedom in order to prevent religious conflicts in the concept of Human Rights. Historically, religious problems are a social problem because they involve the lives of people who cannot be separated from the study of social sciences. Therefore, the religious sciences are essentially parts of Sociology, Psychology and Anthropology. Whereas the issue of religious intolerance in Indonesia is a crucial problem, because these problems can divide the Indonesian people, even though religious problems are a problem that does not need to be exaggerated because in essence every religion teaches good things so that the issue of religious freedom of others is in vain. So from that a country needs to have a law to regulate the existing government system, one of which is to regulate religion in Indonesia. Religion in Indonesia itself has been regulated in chapter XI of Religion in Article 29 paragraph (2) where the State guarantees the independence of each resident to embrace their respective religion and to worship according to that belief. Not only about religious freedom, the context of violations concerning religion in Indonesia has also been regulated in law, but the public still underestimates the law because they themselves are also taboo on the laws that apply in Indonesia. Problems concerning religious intolerance can be prevented through counseling on vulnerable areas that will cause religious commotion, so that the pillars of nationality contained in the Pancasila can still survive and run as they should. This study analyzes the Protection of Religious Freedom in Indonesia in the perspective of Human Rights in Indonesia.
Keywords : Agama, intoleransi, konflik, kebebasan, perlindungan hukum.
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Arvante, Jeremy Zefanya Yaka, Maulana Fuad Nugraha, and Ridwan Arifin. "A Pseudo Freedom for Faith: A Discourse of Religious Freedom in Russia and Indonesia." Contemporary Issues on Interfaith Law and Society 1, no. 2 (July 31, 2022): 203–36. http://dx.doi.org/10.15294/ciils.v1i2.59062.
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This paper is a study or comparative study between Indonesia and Russia on the regulation of one of the fundamental rights in human rights, namely the right to freedom of religion. As a constitutional state based on law, Indonesia and Russia have made arrangements for this in their constitutions, the most basic of which is contained in the 1945 Constitution (Indonesia) and The Constitution of the Russian Federation (Russia). General rules such as human rights play an important role as an instrument that ensures the preservation of the rights of citizens and the implementation of state functions to fulfill these rights. The right to freedom of religion is one of the rights guaranteed in Article 19 of The Constitution of the Russian Federation, and the 1945 Constitution. Article 19 of the Russian constitution states that The State shall guarantee the equality of rights and freedoms of man and citizen, regardless of sex, race, religion, and also of other circumstances. All forms of limitations of human rights shall be banned. And Article 28I paragraph 1 of the 1945 Constitution states that the right to religion is stated as a right that cannot be reduced under any circumstances, as well as the right to life, the right not to be tortured, the right to freedom of thought and conscience, the right not to be enslaved, the right to be recognized as a human being. person before the law, and the right not to be prosecuted on the basis of retroactive law.
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Sekarbuana, Made Widya, Ida Ayu Putu Widiawati, and I. Wayan Arthanaya. "Perkawinan Beda Agama dalam Perspektif Hak Asasi Manusia di Indonesia." Jurnal Preferensi Hukum 2, no. 1 (March 19, 2021): 16–21. http://dx.doi.org/10.22225/jph.2.1.3044.16-21.
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Presence of law number 1 Year 1974 about marriage can not provide legal protection as a whole in every marriage phenomenon, particularly in marriage different religions in Indonesia. Marriage law legitimately based on religion, but on human rights as privileges asserted freedom and marriage customs, embraced religion as a fundamental right that cannot be intervened by anyone. Problems of research 1) How marriage settings different religions in Indonesia? 2) How different religious marriage is a logical consequence of human rights perspective? This research is normative method, legal research with the study of the library of primary and secondary legal materials. Based on the findings of the research: 1) the Act of marriage has not provided certainty for couples who make marriage difference religion, there’s still a void marriage norms about different religions and conflict norms regarding legitimately marriage. 2) Different religious marriage discriminatory, religion is fundamental right that has been reserved and disinterfacking, the phenomenon raises consequences for one party with bowed themselves follow the religion of her partner. The Government expected to conduct observations regarding the effectiveness of the rules marriage and harmonization in Indonesia was not going empty, blurred or conflict of norms.
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Lathifah, Anthin, Abu Hapsin, Ahmad Rofiq, and M. Arief Hidayatullah. "The Construction of Religious Freedom in Indonesian Legislation: A Perspective of Maqāṣid Ḥifẓ Al-Dīn." Samarah: Jurnal Hukum Keluarga dan Hukum Islam 6, no. 1 (June 27, 2022): 369. http://dx.doi.org/10.22373/sjhk.v6i1.10957.
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The Indonesian state has legal provisions of religious freedom contained in the constitution and its derivatives legislation. This article aims to discuss religious freedom in Indonesian legislation from the perspective of maqāṣid hifẓ al-dīn. This study is the result of qualitative research using a content analysis approach. From the results of the discussion, it is known that the freedom of religion in Indonesian legislation includes freedoms to choose belief (Belief in One Supreme God), to worship, and to express religion. These provisions are in line with hurriyyah al-'i'tiqād Ibn 'Āsyūr and al-ḥurriyyah fī al-dīn al-Zuhailī regarding freedom of worship but are not in accordance with al-Zuhaili's opinion about freedom of belief, an area of personal choice when one may choose to be religious or not. The contradiction occurs because all Indonesian citizens must believe in One and Only God as the first precept of Pancasila and make six religions as religions recognized by the State as contained in Presidential Decree No. 1/1965 (PNPS Act). Therefore, it is necessary to reconstruct the law and values of religious freedom contained in the PNPS Act, especially in its implementation.
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Naefi, Mohammad. "Future Challenge of the Freedom of Religion Act: Comparing Indonesia and Malaysia." Semarang State University Undergraduate Law and Society Review 1, no. 2 (July 31, 2021): 125–40. http://dx.doi.org/10.15294/lsr.v1i2.50551.
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Indonesia is one of the countries that uphold human rights International one of the examples is the freedom of religion or embrace religion. It is proven by the inclusion of one of the international human rights values into our constitution namely article 28 I paragraph (1) of the 1945 Constitution. As a sovereign country, Indonesia is obliged to protect the right of its citizens to embrace the religion or belief adopted without any compulsion from any party. Every citizen has the freedom to determine his or her faith or belief according to the mind and conscience of each. So Human Rights are rights that protect us to live together in society without any disturbance. The right to freedom of religion becomes important issue. This study aims to analyze and describe the freedom of religious act in Indonesia and Malaysia in the perspective of human rights.
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Khaidar, Naufal, and Maulana Adi Nugraha. "Protection of Indigenous Peoples (Local Beliefs) in the Context of Human Rights in Indonesia." Contemporary Issues on Interfaith Law and Society 1, no. 2 (July 31, 2022): 101–30. http://dx.doi.org/10.15294/ciils.v1i2.58319.
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This study aims to analyze the protection of indigenous peoples and local beliefs in the dimensions of human rights in Indonesia in a global context. Thisy sudy compared some laws and regulations related to the protection for indegenous peoples and local beliefs both national legal system and international conventions. The study found and higlighted that Article 28E and Article 29 paragraph (1) of the 1945 Constitution of the Republic of Indonesia have guaranteed freedom for every citizen to embrace religion and worship according to their respective beliefs, accompanied by the state's obligation to protect every citizen to worship according to their respective beliefs, including local religions. In addition, the Constitutional Court Decision Number 97/PUU-XIV/2016 concerning Judicial Review of the Population Administration Law, the Panel of Judges granted the lawsuit against Article 61 of Law Number 23 of 2006 and Article 64 of Law Number 24 of 2013 concerning Population Administration wich accommodate the local belief on the national administration system. In the global context, freedom of religion including having local beliefs is also regulated in the Universal Declaration of Human Rights Article 18, the International Covenant on Civil and Political Rights, and even the regulation of freedom of religion or belief in more detail is also regulated in the Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion in 1981.
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Parmudi, Mochamad. "Civil Religion di Indonesia." JSW: Jurnal Sosiologi Walisongo 2, no. 1 (May 15, 2018): 51. http://dx.doi.org/10.21580/jsw.2018.2.1.1995.
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Indonesia is a democracy. Therefore the government must encourage and guarantee freedom of speech, religion, opinion, an association for every citizen. The government must enforce the rule of law which the majority must respect the rights of minority groups and their citizens give each other equal opportunities to live together to get a decent life. The Republic of Indonesia is a unitary state with a high degree of plurality in the fields of religion, ethnicity, race, and class. To support religious life, the national and state community in a peaceful, healthy, prosperous and happy manner, civil religion is needed. This research is a phenomenological study focusing on analyzing the description and explanation of civil religion in Indonesia. A phenomenological approach is used in interpreting the "meaning" of data. With this method, it is expected to obtain interpretations about civil religion in Indonesia. The results of this study concluded that Pancasila could become a "civil religion in Indonesia", at least it had developed along with the will of the people who led, and placed Pancasila as a transcendental backing (civil religion). Pancasila with its five principles is a real picture of civil religion.
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Evirianti, Linda. "Religious Freedom in Indonesia: An Islamic Human Right Perspective." ESENSIA: Jurnal Ilmu-Ilmu Ushuluddin 18, no. 1 (May 20, 2018): 71. http://dx.doi.org/10.14421/esensia.v18i1.1471.
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Everyone has the right of religious freedom or belief which becomes one of important parts of Human Rights (HAM/Hak Asasi Manusia). Thus, no one can be subjected to coercion that can interfere his freedom to adopt or embrace a religion or belief of his choice. The main characteristic of modern constitutional state is the guarantee of human rights in its constitution. In the Constitution NKRI 1945 has set human rights and the rights of citizens in the form of guarantees freedom for each citizen to embrace religion and worship according to their religion or belief. A state guarantees the freedom of each citizen to adopt a religion or belief, but the state (the government) must regulate the freedom in implementing and practicing a religion or belief so that the government can respect, protect, enforce and promote Human Right (HAM) and conserving security, order, health or public morals. Speaking of human rights in Islam is not an historical product arising from human ideology, a concept that has a theological dimension and will be accountable to God. Freedom of thought, conscience, religion and belief is part of the most important human rights, even have status as a right that should not be reduced and violated under any circumstances. On the other hand, religious freedom protects the phenomenon that can be controversial and dangerous for human existence, because religion and systems of ideological belief can be misused to trigger intolerance, discrimination, prejudice, hatred, and violence.[Setiap orang berhak atas kebebasan beragama atau kepercayaan yang menjadi salah satu bagian penting Hak Asasi Manusia. Dengan demikian, tidak ada yang bisa terkena paksaan yang bisa mengganggu kebebasannya untuk mengadopsi atau menganut agama atau kepercayaan pilihannya. Karakteristik utama negara konstitusional modern adalah jaminan hak asasi manusia dalam konstitusinya. Dalam Konstitusi NKRI 1945 telah menetapkan hak asasi manusia dan hak warga negara dalam bentuk jaminan kebebasan bagi setiap warga negara untuk merangkul agama dan ibadah sesuai agama atau kepercayaan mereka. Sebuah negara menjamin kebebasan setiap warga negara untuk mengadopsi agama atau kepercayaan, namun negara (pemerintah) harus mengatur kebebasan dalam melaksanakan dan mempraktikkan agama atau kepercayaan sehingga pemerintah dapat menghormati, melindungi, menerapkan dan mempromosikan Hak Asasi Manusia (HAM). Dan melestarikan keamanan, ketertiban, kesehatan atau moral publik. Berbicara tentang hak asasi manusia dalam Islam bukanlah produk historis yang muncul dari ideologi manusia, sebuah konsep yang memiliki dimensi teologis dan akan bertanggung jawab kepada Tuhan. Kebebasan berpikir, hati nurani, agama dan kepercayaan adalah bagian dari hak asasi manusia yang paling penting, bahkan memiliki status sebagai hak yang tidak boleh dikurangi dan dilanggar dalam kondisi apapun. Di sisi lain, kebebasan beragama melindungi fenomena yang bisa kontroversial dan berbahaya bagi eksistensi manusia, karena agama dan sistem kepercayaan ideologis dapat disalahgunakan untuk memicu intoleransi, diskriminasi, prasangka, kebencian, dan kekerasan.]
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Rahajaan, Jakobus Anakletus, and Sarifa Niapele. "Disparity of Conviction Cases Blasphemy in Indonesia." PUBLIC POLICY (Jurnal Aplikasi Kebijakan Publik & Bisnis) 3, no. 2 (October 6, 2022): 141–58. http://dx.doi.org/10.51135/publicpolicy.v3.i2.p141-158.
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Although freedom about religion has been guaranteed in Pancasila and the 1945 Constitution, in reality problems in society related to religion still occur, such as insults, degrading the beliefs of a group to problems related to the place of worship of a religion. The constitution, which guarantees freedom of expression, is widely abused so that there are unlawful acts, one of which is blasphemy. Judges with free and independent judicial power or the principle of freedom of judges, play an important role in realizing justice for society. However, the disparity of punishment in blasphemy cases has caused controversy about the freedom of judges who are considered not to meet the sense of justice of society. The focus of this study is on the disparity of punishment in blasphemy cases that go viral on social media. This is a descriptive research with a normative legal approach method (normative juridical) carried out by means of a literature study. The data collection tool used in this study is data in the form of document studies and literature tracing. The analytical knife in research is legislation, legal Grand Theory such as evidentiary theory and legal principles such as the principle of Equality before the Law, the Principle of Fair Trial, the principle of freedom of judges, the principle of contante justitie, the principle of justice, certainty and expediency of law and the principle of Nemo Judex Idoneus In Propria Causa.
Based on the results of the study, it is understood that the principle of judge freedom is based on a negative evidentiary system, but with their beliefs and freedom, judges in deciding cases are often influenced by the judge's culture, namely the subjectivity of judges and the existence of intervention and intimidation which results in the disparity of punishment in blasphemy cases which is a fairly sensitive issue in Indonesia.
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Ramdany, Rifky Mohammad. "Conception of the Contents of the Medina Charter and the 1945 Constitution: The Right to Freedom of Religion." Asian Journal of Law and Humanity 1, no. 1 (October 23, 2021): 44–66. http://dx.doi.org/10.28918/ajlh.v1i1.4946.
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The right to freedom of religion is a right that must be regulated and guaranteed by the state as a fundamental and universal human right inherent in human beings. This study aims to analyze the differences in the regulation of the right to religious freedom in the Medina Charter and the 1945 Constitution of the Republic of Indonesia and their application. This normative juridical research uses a legal and conceptual approach. The results of the study indicate that both the Medina Charter and the 1945 Constitution of the Republic of Indonesia have contained provisions regarding the right to freedom of religion, but there are fundamental differences between the two, namely in terms of the difference in regulation between religion and belief. The 1945 Constitution of the Republic of Indonesia stipulates that there are differences between religion and belief, while in the Medina Charter there is no different arrangement between religion and belief. The 1945 Constitution of the Republic of Indonesia only regulates rights, while obligations are not regulated and must be carried out according to their respective beliefs. The conception of differences in regulation between religion and belief in the 1945 Constitution of the Republic of Indonesia can be an opportunity to cause religious conflict in Indonesia.
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Madung, Otto Gusti Ndegong, and Winibaldus Stefanus Mere. "The Discoursive Perspective Of Liberalism Versus Multiculturalism." International Journal of Indonesian Philosophy & Theology 3, no. 2 (December 30, 2022): 71–84. http://dx.doi.org/10.47043/ijipth.v3i2.31.
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This paper aims to show the limitations of the liberal viewpoint vis-à-vis overcoming the conflict between freedom of religion and belief in Indonesia. The multi-ethnic and multi-religious condition, a unique feature of Indonesian society, demonstrates that the conventional liberal framework of the concept of freedom of religion and belief is insufficient. To complete this article, the writer employs the literature research method. This research can formulate many findings: freedom of religion and belief is not only concerned with the individual. And an individual right to choose his/her faith is strongly linked to how one legitimately expresses oneself in communities based on ethnicity and/or religion. Furthermore, plurality in a multicultural society presumes acknowledging a fundamental truth that can be expressed in many ways.
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Fatmawati, Fatmawati. "Perlindungan Hak Atas Kebebasan Beragama dan Beribadah dalam Negara Hukum Indonesia." Jurnal Konstitusi 8, no. 4 (May 20, 2016): 489. http://dx.doi.org/10.31078/jk844.
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The first principle of Pancasila recognized God Almighty, which means the duty of every man in Indonesia to respect the religion and beliefs of others, because it is everyone’s right to choose, embrace, and practice the teachings of their religion freely without interference and without disturbing others. It means not only ban unethical proselytism, but also ban desecration and abuse of religion in the Republic of Indonesia to protect security and public order to avoid unrest in society. It is set in the first principle of Pancasila and was animated in articles of the Constitution (Article 28E Paragraph (1) and Article 29) regulating the right of religion and worship, which is then further regulated in some legislations, among other Law Number 39 Year 1999 on Human Rights and Law No. 1/PNPS/1965 on the Prevention of Abuse and / or Blasphemy. Restrictions on the freedom to perform and determine one’s religion or belief under article 18 paragraph (3) of the ICCPR can only be limited by provisions of law, and it is needed to protect public safety, order, health, or morals of the fundamental rights and freedoms of others; and the regulation in Article 11 of Law No. 1/ PNPS/1965 has met the criteria for the application of restrictions on the freedom to perform and determine one’s religion or beliefs, in the sense that the restriction is the conduct of the teaching and not in his belief, by law, and to protect security and public order to avoid unrest in society.
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Abd.Haris. "MEMBACA KITAB AL-MUSTASHFA: RESPON TERHADAP KASUS MURTAD DAN KEBEBASAN BERAGAMA DI INDONESIA." Rausyan Fikr: Jurnal Ilmu Studi Ushuluddin dan Filsafat 18, no. 2 (November 9, 2022): 217–44. http://dx.doi.org/10.24239/rsy.v18i2.1020.
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The issue of apostasy in Indonesia is still controversial and widely discussed by the public. Leaving the Islamic religion or moving from one religion to another is closely related to religious law and freedom of religion. Today, cases of apostasy are rife among artists for various reasons. Thus, a question arises, does their status make fun of religion? Or blasphemy against religion? Or part of human rights? This paper seriously reviews the case of changing religions using the Ushul Fiqh approach, especially the work of Al-Mustashfa al-Ghazali. This type of research is library research, and looks at phenomena and facts that occur among artists as figures and idols for Indonesian people. From the analysis conducted, this paper concludes that; first, apostates move from Islam and return to disbelief; secondly theologically that killing apostates is not the right solution and is not in accordance with Islamic norms as a religion of rahmatan lil 'alamin. Third, the verses and hadiths do not indicate any killings, except in the context of the verses whereby the perpetrators of apostasy had the aim/intention to be enemies of Islam. Fourth, artists who apostate must be subject to sanctions according to the rules and regulations that apply in Indonesia
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Agustinus, Eko. "Individual Freedom in the Legal Discourse in Indonesia." Indonesia Media Law Review 1, no. 1 (January 31, 2022): 41–62. http://dx.doi.org/10.15294/imrev.v1i1.56677.
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Indonesia is one of the countries included in the state law. Law is a rule that can not be separated from our daily life where every joint of our lives is in the shade of law. Laws other than to protect us from abuse of power, the law is also used to uphold justice. This freedom is the hallmark of modern society today. But freedom has certain qualities. A free individual does not mean that they can do things themselves, such as damaging their surroundings, destroying other people's goods, harassing a man's wife or husband and so on. Of the 1945 Constitution Article 28 E is Everyone is free to embrace religion and worship according to his religion, choosing education and teaching, choosing a job, choosing citizenship, choosing a residence in the territory of the country and abandoning it, and the right to return, Everyone has the right to freedom of belief, expression of thoughts and attitudes, in accordance with his conscience, Everyone has the right to freedom of association, assembly, and expression.
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Andi Muhammad Irawan, Nasmilah, and Andi Syurganda. "‘Defending Religious Rights’: The Critical Analysis of Religious Minority Discourse in Indonesia." International Journal of Law, Language & Discourse 10, no. 1 (May 24, 2022): 69–85. http://dx.doi.org/10.56498/1012022339.
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Freedom of religion, as the main part of human rights, has been one of the main discourses in traditional and modern Indonesia. However, its current development reveals that such a freedom is still far from its final agreement, especially in guaranteeing the religious right of minority. By using the approach of Critical Discourse Analysis (henceforth CDA), this article investigates the religious freedom discourse as defended and disseminated by one of the NGOs in Indonesia, namely the Setara Institute, to identify how the Indonesia Ahmadiyya sect is discursively discriminated against. The study is carried out by analysing multiple texts in various genres produced and disseminated by this NGO when defending the Ahmadiyya minority sect. The sect has been the target of religious discrimination and violent attacks perpetrated by Islamic majority groups in the country. The data used in this study are annual reports, books, interviews, and public debates. The analysis reveals that freedom of religion is still not properly established and Ahhamdiyya followers are not treated equally both in religious or political matters. This can be seen in four discourse constructions, namely discourses of democracy, unrestricted freedom of religion, impartiality and the weakness of leadership.
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Fitrawati, Fitrawati. "DISKURSUS PERKAWINAN BEDA AGAMA DI INDONESIA DALAM TINJAUAN UNIVERSALISME HAM DAN RELATIVISME BUDAYA." JURIS (Jurnal Ilmiah Syariah) 20, no. 1 (June 21, 2021): 131. http://dx.doi.org/10.31958/juris.v20i1.2825.
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This paper tries to examine the right to freedom of interfaith marriage in Indonesia from the perspective of Human Rights Universalism and Cultural Relativism. The purpose of this paper is to explain how universalism and cultural relativity view interfaith marriage in Indonesia. This research is a normative legal research. This study uses a literature approach. The findings of this study indicate that interfaith marriage in Indonesia is still not well accepted and has always been controversial news in the community, even considered to have exceeded or violated the provisions of marriage, but there are still followers of different religions who decide to marry. In fact, many of them are smuggling laws so that their marriages are recognized by the state, namely by registering marriages abroad and then continuing the registration in Indonesia. Meanwhile, on the other hand, Indonesia already has a law on Marriage, namely, Article 2 paragraph 1. It is also contained in the article of the Universal Declaration of Human Rights, namely the right to freedom of marriage (article 16 UDHR) which includes the right to marry between religions (different religions), and the right to freedom of religion (article 18 UDHR) which includes the right to change religions. Meanwhile, in cultural realivism, it rejects everything that is universal.
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Alfitri. "Religious Liberty in Indonesia and the Rights of “Deviant” Sects." Asian Journal of Comparative Law 3 (2008): 1–27. http://dx.doi.org/10.1017/s2194607800000144.
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AbstractAlthough Indonesia has acceded to the International Covenant on Civil and Political Rights and freedom of religion is a mandate of the 1945 Constitution, there is a significant difference between the promise and the practice of religious liberty, especially regarding the rights of sects in Indonesia. The article explores this theme in the context of the Congregation of Ahmadiyah Indonesia, a minority Islamic sect which is not considered as an agama, or official religion, as a case study. This designation has had various discriminatory effects on its adherents, which waters down significantly the guarantee of religious freedom in Indonesia.
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Salahuddin, Muhammad, and Muhammad Sabri. "Freedom of Religion and Religious Relations (Construction of Sukarno's Thought)." Pancasila: Jurnal Keindonesiaan 2, no. 2 (October 4, 2022): 227–36. http://dx.doi.org/10.52738/pjk.v2i2.119.
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The question of religious connections is constantly linked to the concept of religious freedom, which is a basic human right. This understanding of religion and religiousity must be maintained in order to obtain a tolerance attitude among religious groups. This is essential in development because religion and God are vital to human activity. The principles of the Oneness of God in the Pancasila s state foundation are the result of the Indonesian national figures thought about the problems raised above. The final dialogue of the Indonesian nation's founding fathers is the oneness og God as the foundation of all other of Panscasila principles. This article further elaborates on Sukarno's concept of divinity by combining the concepts of perennial philosophy, systems theory, and paradigm shift, which are related to the context of religious life in Indonesia.
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Syafi’ie, M. "Ambiguitas Hak Kebebasan Beragama di Indonesia dan Posisinya Pasca Putusan Mahkamah Konstitusi." Jurnal Konstitusi 8, no. 5 (May 20, 2016): 675. http://dx.doi.org/10.31078/jk853.
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Freedom of religion is one of the rights guaranteed in the 1945 and several regulations regarding human rights in Indonesia. In Article 28I paragraph 1 stated that the religious right is expressed as a right that can not be deducted under any circumstances, as well as the right to life, the right not to be tortured, the right to freedom of thought and conscience, freedom from enslavement, recognition as a person before law, and and the right not to be prosecuted on the basis of a retroactive law. As one of the rights that can not be reduced, then the religious right should apply universally and non-discrimination. Splitting ensures the right to religious freedom in the midst of violence in the name of religion encourage some NGOs and leaders of democracy to conduct a judicial review of UU No. 1/PNPS/1965 on the Prevention of Abuse and or blasphemy. Act shall be deemed contrary to the guarantee of freedom of religion that can not be reduced under any circumstances. In that context, the Constitutional Court rejected judicial review entirely, although there are dissenting opinion from one of the judges of the constitution. After the Constitutional Court decision, the identity of religious rights in Indonesia becomes brighter, which can be reduced and restricted. Decision of the Constitutional Court not be good news for the applicants, because the UU No. 1/PNPS/1965 are one tool for certain groups to justify violence in the name of contemporary religion.
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Juni Erpida Nasution. "INTENSIFIKASI PENDIDIKAN ISLAM PADA MASYARAKAT PLURAL UNTUK MENGANTISIPASI POTENSI KONFLIK SOSIAL HORIZONTAL BERNUANSA SARA MELALUI JALUR NONFORMAL DI KABUPATEN INDRAGIRI HULU." Al-Ihda' : Jurnal Pendidikan dan Pemikiran 15, no. 2 (February 22, 2022): 539–46. http://dx.doi.org/10.55558/alihda.v15i2.44.
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Islam according to the majority of its adherents is a holistic religion. Islam is not only defined as a mere religion of monotheism, but teachings concerning all aspects of life, public religion, religious pluralism is not just a matter of accommodating religious truth claims in the private sphere, but also a matter of public policy where Muslim leaders must recognize and protect religious freedom. , not only intra-Muslims, but also between religions and religions that teach divinity and humanity, including the issue of pluralism. Pluralism is something that is born from the proposition of divine teachings. Reason concludes that if oneness only belongs to Allah, then other than Him is not worthy to bear it which means other than Allah is plurality. Plurality and diversity in terms of religion, tradition, art, culture, way of life, and the values held by ethnic groups of Indonesian society. On the one hand, this diversity and plurality for Indonesia can be a positive and constructive force. On the other hand, it will be a negative and destructive force if it is not directed positively
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Purnomo, Bagus. "Toleransi Religius, Antara Pluralisme dan Pluralitas Agama dalam Perspektif Al-Quran." SUHUF 6, no. 1 (November 8, 2015): 83–103. http://dx.doi.org/10.22548/shf.v6i1.36.
Full textAbstract:
The emergence of the violence issues concerning religious doctrine is separated from the increasing of the cases of the intolerance in Indonesia. It is for that reason that the discourse about pluralism and plurality of religion becomes the interesting topic. Briefly, the two words above have the same meaning for its similarity in their original form that is “Pluralâ€. However, empirically, those two words have the basic difference then it is added by the word religion in the end of the word (suffix). If the plurality of religion is meant to be the variety of religions, then the meaning of pluralism changes to be the uniformity of religion which eventually arising polemic in Indonesia. Plurality of religion is an unavoidable phenomenon from God.(Sunnatullah). This writing tries to explain how the the Qur’an “speaks†about the tolerance in the plurality of religion and the principles of religious freedom in Islamic perspective.
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Zaprulkhan, Zaprulkhan. "SIGNIFIKANSI DAKWAH INKLUSIF NURCHOLISH MADJID BAGI MASYARAKAT INDONESIA." MAWA'IZH: JURNAL DAKWAH DAN PENGEMBANGAN SOSIAL KEMANUSIAAN 7, no. 1 (June 1, 2016): 41–66. http://dx.doi.org/10.32923/maw.v7i1.566.
Full textAbstract:
Articulation of religion in the public sphere of Indonesia is still much to be exclusive and puritan, unilateral in monopolizing the truth claims of religious truth, and intolerance towards various religious disagreement. Whereas in the context of a pluralistic Indonesian nation, whether of race, ethnicity, culture, class, and religion, religious messages should be delivered by inclusive proselytizing. Anyone who would articulate religious discourses in the public sphere of Indonesia, should ideally be through inclusive proselytizing. In the context of inclusive proselytizing, Islamic values such as justice (al-'adl), human rights, freedom (Hurriyah), democracy (Shura), universal benevolence (Khoir), egalitarian (Musawah), tolerance (tasamuh), balance ( tawazun), social ethics (morals), universal humanity (an-nas), as well as peace and safety contained in the doctrine of principle Islam but those are inclusive. Inclusive priciples could embrace all people regardless of race, culture, race, class, and even religion. This article is going to discuss the significance of Nurcholish Madjid‟s inclusive proselytizing for pluralistic Indonesian society.
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Prayogo, Bagus Edi. "Pros and Cons of Removing the Religion Column in Indonesian Identity Cards (Analysis of the Impact and Regulation on Human Rights)." Contemporary Issues on Interfaith Law and Society 1, no. 2 (July 31, 2022): 131–56. http://dx.doi.org/10.15294/ciils.v1i2.58146.
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The removing of the religious column on the national identity card raised pros and cons. has begun. In one side, there are many beliefs cannot be accommodated by the administration system in religion colomn, but in the other sides, the provision of the beliefs protection instead if religion is still bias. This study aims to analyze the pros and cons of removing of religion identity at the national identity card. The method used at this study is literature study with some comparative analysis of laws and regulations concerning the freedom of religion and belief both national and international legal system. The study found that initially, the aim of removing the religion column was to accommodate the rights of adherents of beliefs, which began to spread to the idea of eliminating the religion column for all religious communities in Indonesia. This study also found that after the issuance of the Constitutional Court decision No. 97/PUU-XIV/2016, adherents of a belief can list their belief in the column of religion on their identity cards. The decision claimed to recognize and include religious beliefs as a new identity column on the KTP is a significant development of the government's commitment to guaranteeing equal rights for all Indonesian people regardless of diversity of religions and beliefs. Furthermore, guarantees for freedom of religion and belief are strictly regulated in Article 28 E and 29 paragraph (2) of the 1945 Constitution. In addition, these guarantees are also regulated in the Law on Human Rights and the ICCPR.
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Intan, Benyamin Fleming, and Calvin Bangun. "Principled Pluralism and the Prevention of Religious Terrorism in Indonesia." Religions 13, no. 5 (May 9, 2022): 429. http://dx.doi.org/10.3390/rel13050429.
Full textAbstract:
A number of religious terrorism acts closely related to the 9/11 event had happened in Indonesia and disrupted the nation’s stability and harmony. The hard-power approach that the Indonesian government had hitherto employed to curb terrorism had not succeeded in eradicating religious terrorist groups entirely. A soft-power approach is needed to contest the indoctrination that the terrorist exercised on their followers and to halt the recruitment of new terrorists. Although the savageness of religious terrorism has given religion a terrifying impression, taking a shortcut by restricting the role of religion to the private sphere—as applied by secular countries—has not proven successful. Rejecting the solution offered by secular countries, this article offers the idea of principled pluralism with its vision of religious freedom as a soft-power solution in treating religious terrorism. By opposing tyranny and authoritarianism, religious freedom would hopefully break the chain of consolidation maintained by religious terrorists with their followers. By using principled pluralism as a hermeneutical lens to read Pancasila, this article argues that civil society is the only channel for religion to contribute significantly to Indonesian society.