Implementasi  Putusan Mahkamah Konstitusi No. 97/PUU-XIV/2016 pada Masyarakat Adat Karuhun Urang di Cigugur

Sukirno, Sukirno; Adhim, Nur

doi:10.30641/dejure.2020.v20.11-24

Cited by 4 publications

(3 citation statements)

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“…Efforts to protect the state against adherents of a belief can be seen from Decision Number 97/PUU-XIV/2016. After the decision of the Constitutional Court regarding the rights of citizens, especially adherents of local religions, should no longer be discriminated against for adherents of a belief to get the same position before the law, especially to obtain a population document that is equal to other citizens (Sukirno and Adhim, 2020). Constitutional Judge in his decision states that:…”

Section: The Legal Position Of Adherents Of Belief In the National Legal Systemmentioning

confidence: 99%

Legitimacy of the Dissolution of Beliefs by Community Organizations

Budiana

2022

IJRCS

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Article 28E paragraph (1) of the 1945 Constitution states "Every person shall be free to choose and to practice the religion of his/her choice, to choose one’s education, to choose one’s employment, to choose one’s citizenship, and to choose one’s place of residence within the state territory, to leave it and to subsequently return to it.” In paragraph (2), everyone has the right to the freedom to believe in his/her beliefs, to express his/her views and thoughts, according to his/her conscience. The constitutional guarantees for believers can also be seen in Article 29 of the 1945 Constitution stating that the state shall be based upon the One and Only God and the State guarantees all persons the freedom of worship, each according to his/her own religion or belief. The Constitutional Court affirms that the right to adhere to a religion or belief in God Almighty is a citizen's constitutional right, not a gift from the state. Therefore, the state is obliged to protect and guarantee the fulfillment of the rights of it’s the citizens to embrace a belief other than the six religions developed in Indonesia. However, in practice the dissolution of beliefs is actually carried out by community organizations. In this study, two things will be discussed namely: 1) What is the legal position of adherents of belief in the national legal system? 2) Do community organizations have the authority to dissolve religious beliefs? This research is normative juridical research, in which the problems in this research are analyzed qualitatively.

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Section: The Legal Position Of Adherents Of Belief In the National Legal Systemmentioning

confidence: 99%

Legitimacy of the Dissolution of Beliefs by Community Organizations

Budiana

2022

IJRCS

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“…Additionally, the government has continued to misrecognize and marginalize Indigenous Religions (kepercayaan and adat) as cultural, not religious (Bagir 2020;Bagir and Arianingtyas 2020;Deta 2022;Hefner 2021;Sukirno and Adhim 2020). Due to this misrecognition, the government has disobeyed the constitutional norm of FoRB and disrespected the dignity of Indigenous Peoples.…”

Section: Introductionmentioning

confidence: 99%

Human (Relational) Dignity: Perspectives of Followers of Indigenous Religions of Indonesia

Maarif

2023

Religions

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Religion and dignity are a two-sided coin for followers of Indigenous Religions in Indonesia. Dignity is the relationally inherent worth in both human and non-human beings. To give and receive dignity, one ought to be religious, which is to engage in interpersonal relationships with all beings, human and non-human. This article draws on data from two decades of engagement with followers of Indigenous Religions through extensive fieldwork, activism, and community service. It explores the distinctive worldviews and practices of Indonesian Indigenous Peoples, which many have maintained in the face of external incursions by governments, corporations, and missionaries, and internal encroachments from within their communities. Their worldviews spring from interrelational cosmology, which posits that relational dignity is a religious norm. This cosmology is institutionalized with adat (customary) systems that enact and reproduce relational dignity. The article concludes with a call to better understand and recognize Indigenous Religions by expanding the definition of religion to include the notion of relational dignity when considering how scholars and policymakers conceptualize and implement policies on freedom of religion or belief.

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“…Referring to the 2017 data from the Ministry of Education and Culture, there are 187 groups of indigenous belief adherents spread across 13 provinces in Indonesia. [2] Currently, according to a handbook issued by the Directorate of Belief in the One Almighty God and Society under the Ministry of Education, Culture, Research, and Technology, there are 176 registered indigenous belief organizations.…”

Section: Introductionmentioning

confidence: 99%

The Implementation of Supreme Court Circular Letter Number 2 of 2023 Regarding Marriages Between Adherents of Different Indigenous Beliefs in Indonesia

Sulistyandari,

Siswanta,

Wachid

et al. 2023

Advances in Social Science, Education and Humanities Research

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Marriages between adherents of different indigenous beliefs have become a contentious issue in Indonesia. This is primarily because the identity of these believers, as recorded on their National Identity Cards, is ambiguously labeled as "Belief in the One Almighty God," without distinguishing between the various indigenous beliefs. It's noteworthy that Indonesia recognizes a diverse range of indigenous beliefs, each with its unique marital customs. The legal validity of civil registration for marriages between different indigenous belief adherents is questionable. The introduction of the Supreme Court Circular Letter No. 2 of 2023, addressing the registration of marriages between individuals of different religions and beliefs, warrants a deeper examination. This study employs a normative juridical method, utilizing secondary data and adopting both a statute and conceptual approach. Fundamentally, while the state prohibits interfaith marriages, marriages between different indigenous belief adherents are still legitimized. This is due to the lack of differentiation between one indigenous belief and another. Consequently, the enforcement of the Supreme Court Circular Letter No. 2 of 2023 cannot be applied to marriages between adherents of different indigenous beliefs.

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Implementasi Putusan Mahkamah Konstitusi No. 97/PUU-XIV/2016 pada Masyarakat Adat Karuhun Urang di Cigugur

Cited by 4 publications

References 0 publications

Legitimacy of the Dissolution of Beliefs by Community Organizations

Legitimacy of the Dissolution of Beliefs by Community Organizations

Human (Relational) Dignity: Perspectives of Followers of Indigenous Religions of Indonesia

The Implementation of Supreme Court Circular Letter Number 2 of 2023 Regarding Marriages Between Adherents of Different Indigenous Beliefs in Indonesia

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