Penemuan Hukum in Concreto  Dalam Kebebasan Beragama Dan Berkeyakinan

Rahmah, Alef Musyahadah; Sudrajat, Tedi

doi:10.20884/1.jdh.2009.9.2.217

Cited by 3 publications

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“…Even though the state of Indonesia is not a theocracy country but the administration of the state cannot be separated from religion, both are side by side and run in harmony and balance. Quoting the sentence stated by Jimly Asshiddiqie [3] that "when the Constitution is in one of our hands, the sacred scripture is always in the other one of our hands". Thus it can be explained that the Article 29 section (2) of the 1945 Constitution of the Republic of Indonesia as legal basis of the state of Indonesia is not a theocracy state which combines state affairs with religion, whereas the article 29 section (1) of the 1945 Constitution of the Republic of Indonesia as legal basis that the state of Indonesia is not a secular state that separates the state and religious affairs completely so that the state of Indonesia is a country that is Theistic Democracy, the State that based upon the One and Only God and provides guarantee and protection of its citizens in embracing and worshiping according to his/her religion and beliefs [4] The right to embrace a religion is a human right, a basic right that is inherent in everyone that must be respected and appreciated and must not be reduced (non derogable right) under any conditions and by anyone.…”

Section: Introductionmentioning

confidence: 99%

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The Optimization of Civic Education in Building the Harmony of Religious Life Through Religious Humanism Approach

Widodo¹,

Muchtar²

2020

Proceedings of the 2nd Annual Civic Education Conference (ACEC 2019)

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Indonesia is a country that consists of various ethnic groups, cultures and religions. Religious differences have the potential to social conflict if mutual respect is poor, or too concerned about other people's religious affairs. The issue can certainly threaten Indonesia's unity. Through this religious humanism approach it is expected that it will foster awareness that God's law that teaches affection for others can be used as a basis for citizens' behavior in social, national and state life. This paper aims to describe the process of optimizing civic education as a religious humanist education in higher education. This study employs a qualitative approach that is descriptive over reality with the aim of interpreting social phenomenon in the form of case studies obtained from print media, electronic media and literature. In the research, it is found that there is still prohibition of celebrating religious commemoration and the difficulty of building houses of worship which shows that there is intolerance. This can cause relationship disharmony among religious communities. Optimizing civic education by emphasizing religious human values can build harmony in religious life.

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Section: Introductionmentioning

confidence: 99%

“…Constitutionally, human rights are rights protected by law, and as a legal state, the state constitution must treats every citizen that they have equal position in the eyes of the law (equality before the law). Human rights are legal rights [3]. Human rights are legal rights that everyone has as human beings.…”

Section: Introductionmentioning

confidence: 99%

The Optimization of Civic Education in Building the Harmony of Religious Life Through Religious Humanism Approach

Widodo¹,

Muchtar²

2020

Proceedings of the 2nd Annual Civic Education Conference (ACEC 2019)

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The Politics of Intolerant Laws against Adherents of Indigenous Beliefs or Aliran Kepercayaan in Indonesia

Nalle

2021

AsianJLS

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Earlier studies have examined the discriminatory effects of laws and policies against the adherents of indigenous beliefs—Aliran Kepercayaan—in Indonesia. However, those studies do not show how the politics of law were developed through the prior sociopolitical processes in Indonesia’s legislative history. This study analyzes how and why the government initiated and later put an end to discrimination against adherents of Aliran Kepercayaan—at least in the realm of population administration. Under the New Order era, political battles gave birth to the politics of law discriminating against the Aliran Kepercayaan adherents. Weakening political resistance in the Reformasi era as well as judicial review before the Constitutional Court forced the government to partially relax its discriminatory laws and policies. Nonetheless, progressive initiatives from secular nationalist parties have yet to be taken in order to further ensure equality for all minority—religious—groups within Indonesian society before the law.

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The Issue of Official Religions and The Need for Multicultural Policy in Indonesia

Sugiarto¹,

Hapsari²

2014

Proceedings of the Third International Conference on Public Management 2014

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Examining the problem within the discourse on official religions and the religious discrimination has been experienced by The Baduy Luar tribe in the obtaining of identity card (Kartu Tanda Penduduk), this paper proposes an argument of the need for more multicultural policy in Indonesia. The discrimination which has been experienced by the members of The Baduy Luar tribe is that they cannot list their religion, Sunda Wiwitan, in their identity cards since it is considered not a religion. Revisiting the regulations which has given contribution to the discourse on official religions in Indonesia, this article argues that the notion of official religions apparently does not have a strong legal basis. Therefore, the identity card policy in the postNew Order Indonesia has been established based on a fragile and problematic foundation. Based on Kymlicka's theory of multiculturalism, this paper concludes that the members of Baduy Luar have a legitimate reason to list their religion in their identity cards.

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Penemuan Hukum in Concreto Dalam Kebebasan Beragama Dan Berkeyakinan

Cited by 3 publications

References 0 publications

The Optimization of Civic Education in Building the Harmony of Religious Life Through Religious Humanism Approach

The Optimization of Civic Education in Building the Harmony of Religious Life Through Religious Humanism Approach

The Politics of Intolerant Laws against Adherents of Indigenous Beliefs or Aliran Kepercayaan in Indonesia

The Issue of Official Religions and The Need for Multicultural Policy in Indonesia

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