The Role Of Judicial Review In Protecting Religious Minority Rights In Indonesia (original) (raw)
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Human rights, including freedom of religion, are generally accepted and granted by all governments regardless of their ideology, political, economic, and social conditions. In a Muslim majority country such as Indonesia, ideally freedom of religion is considered to mean that the government allows religious practices of religious minorities or other sects besides the state religion, and does not persecute believers in other faiths. This paper discusses Indonesia's constitutional provisions concerning legal rights of citizens on freedom of religion, whether the government upholds the constitution as a concrete way to deal with human rights protection or it complies with some groups' demand to tighten restrictions on "the Western concept of" religious liberty. This paper concludes that even though there are many provisions in the Indonesia's constitution and in its legal system which is supportive of religious freedom, some governmental provisions were enacted based on social considerations, rather than to strengthen constitutional provisions.
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On paper, Indonesia adopts a neutral policy towards religion. It is widely upheld that Indonesia is neither secular nor religious (theocratic) country. The idea of freedom of religion is also explicitly guaranteed by its constitution, UUD 1945. This country further acknowledges and ratifies the International Covenant on Civil and Political Rights (ICCPR) that guarantees the freedom of religion. The ideal formulation of freedom of religion, however, does not stand on a firm ground. The violent attacks on minority groups and sects-especially on Ahmadis-become a real case in point where the issue of freedom of religion is really at stake in this country. In response to Ahmadis existence, the government released the 2008 joint Ministerial degree that ironically restricts the idea of freedom of religion. The government's policy towards the Ahmadis is responded differently by governors in provincial level. Some governors translate it as an entry point of banning the Ahmadis religious activities. This is the case with West and East Java provinces where the governors in both provinces have released a governor's instruction to outlaw all kinds of Ahmadis religious activities and propagations. The governor of Yogyakarta, however, stands consistently by suggesting the noninterventionist policies towards the Ahmadis. This paper seeks to analyse the complex issue of freedom of religion in Indonesia with special reference to the state's policies towards the Ahmadi community. It attempts at answering the extent to which the idea of freedom of religion is exercised in the public sphere. The preliminary assumption developed throughout the paper is that political "cohabitation" between the majority interests and those of the governing formal leaders as a result of democratization process can risk the freedom of religion among different religious communities and thus jeopardize the non-interventionist policy of the state towards religion.
for every citizen. This freedom is explicitly stated in Article 28 E of the 1945 Constitution. But the liberties guaranteed by the state in a positive legal order, does not guarantee that freedom in practice. Indonesian government should be required to protect, maintain and guarantee religious freedom for religious minorities, but it turned into one of the perpetrators of violations of religious freedom of minority groups through the establishment of laws that are contrary to the fundamental law. This paper discusses the following key questions: why the rules made by the state become tools of the state to deprive the rights of freedom of religion and belief of Protestant Batak Christian Church (HKBP)? Using the inquiry process aware, this paper combines critical social science and legal philosophy perspective. It will also discuss the way to guarantee religious freedom for religious minorities of the Protestant Batak Christian Church by abolishing discriminatory rules, enforce the law, as well as raising awareness of the government and majority of religious believers that there can be no recognition of the minority if the state does not guarantee religious freedom for its citizen.
Although Indonesian government protects, maintains and ensures freedom of religion for minority religion in the Constitution, But the freedom is not necessarily applicable in practice of religious life because the State due to as protector and guarantor of freedom, but in the other side of the State turns into one of the actor of freedom violations of religion minority. This article will discuss two fundamental issues that interfere freedom of religion in Indonesia. The first thing is that the State interfere with the freedom of minority religion and second that the state did deprivation of freedom of religion against minority religion groups, either directly or by negligence. This article will also evaluate the basic concepts of human rights protection as non-discrimination and equality principle as two of the most important pillars of Human Rights architecture, the Indonesian Constitution of 1945 as Groundnorm, and its derivatives norms in some national procedures. In addition, this article also discusses a comprehensive state policy context on dilemma facing minority religion to acquire their rights and freedoms. Keywords: Freedom of religion, minority religion, human rights violations