Abstract
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.
Highlights
The concept of religion and adhere to the beliefs by the people in Indonesia cannot be separated from the socio-historical factors of the community itself
This worship has been known by the Indonesian people long time before the existence of state legitimacy for official religions recognized by the government
The main finding is the dissolution of the belief system can only be carried out by the central government, not a regional autonomy, let alone a matter of social organization
Summary
The concept of religion and adhere to the beliefs by the people in Indonesia cannot be separated from the socio-historical factors of the community itself. 35-45, 2022 not disturb humans, instead it helps them from spirits and evil spirits and helps them in their daily lives (Sutarto, 2006; Pramudita and Rosnawati, 2019). This worship has been known by the Indonesian people long time before the existence of state legitimacy for official religions recognized by the government. Local beliefs of the community are a source for customary values and traditions or culture of the community that owns it because it is based on local spirituality owned by the community. In the Republic of Indonesia, these local beliefs are degraded as animistic teachings, certain object worship/stone worship and or referred to sects of belief (Hefner, 2001)
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