Equal Rights in the Construction of Places of Worship for Followers of Religious Beliefs

Abstract

The legal construction of the Indonesian nation through Article 20 paragraph (1), Article 20A paragraph (1), (3) Article 21, Article 28E paragraph (1), Article 28E paragraph (2), Article 28I paragraph (1), Article 28I paragraph (2), Article 29 paragraph (1), and Article 29 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. has provided a guarantee of recognition of religion and other believers. Cultural diversity in the realm of religion is a special characteristic of Indonesian society. Various cultures, races, tribes and religions have become an inseparable part of the identity of the Indonesian people since before this country was founded. However, violations of religious freedom still often occur in Indonesia. Various conflicts regarding permits for places of worship are prohibited by the majority. This has violated human rights which are stated in the 1945 Constitution. Joint Ministerial Regulation (PBM) Number 8 and Number 9 of 2000 should be the basis for protection and equality for the construction of places of worship. However, this regulation has not been able to fully accommodate the rights of believers because the provisions of Article 14 of the Joint Ministerial Regulation are still discriminatory. The Draft Law on the Protection of Religious Communities needs special attention to unravel the problems of building houses of worship and as a form of concrete legal protection for religious communities and believers.