Freedom In Indonesia Research Articles

Criticism of Religious Moderation in Ahmadiyah Recognition(Case Study of Religious Freedom in Indonesia)

Indonesia as a country with a diversity of religions and the highest Muslim population applies freedom of religion (Religious Fredoom). One of the minority groups in Indonesia is Ahmadiyah, its existence often faces discrimination and challenges. The rejection of Ahmadiyya was due to a different reformation teaching and the majority of Muslims considered the teachings brought by Ahmadiyah to deviate from Islamic guidelines. Writing this article is to analyze an argument regarding religious moderation in the recognition of Ahmadiyya. This research was conducted on March 28, 2023. In this study, a qualitative descriptive method was used based on a case study of religious freedom. The data written in this study were obtained from relevant sources such as literature, articles and documents related to Ahmadiyya in Indonesia. Criticism of religious moderation in this context refers to criticism of the actions of the government or religious leaders which limit the religious freedom of Ahmadiyah. Religious moderation itself can be interpreted as an approach that seeks harmony between various religions and beliefs, but in some cases, moderation can lead to restrictions on the freedom of religion of minority groups.

The Reality of Spirituality and the Challenge of Religious Freedom in Indonesia: Theological and Social Perspectives

The Reality of Spirituality and the Challenge of Religious Freedom in Indonesia: Theological and Social Perspectives

Sharia-based Custom and the Politics of Religious Freedom in Contemporary West Sumatra, Indonesia

Strengthening religious identity politics can be identified as one of the main factors contributing to the decline in religious freedom in Indonesia. While religious identity politics may serve to mobilize certain groups or advance specific agendas, its escalation often comes at the expense of religious freedom and social harmony. Against Indonesia's pluralistic society and decentralized governance system, West Sumatra stands out for its unique blend of Islamic tradition and local adat (customary law), which often challenge the state's legal framework and constitutional guarantees of religious freedom. This article aims to analyze the impact of Sharia-based custom (ABS-SBK)-based identity politics on religious freedom in West Sumatra, focusing on government and social regulations. This study is based on data from interviews, documentation, and analysis of media reports and coverage related to freedom of religion or belief (FoRB) in West Sumatra, as well as a guidebook for the practice of ABS-SBK issued by the Provincial Government of West Sumatra. This article shows that identity politics based on Sharia and local customs has caused many violations of the freedom of religion or belief of minority groups in West Sumatra. In government regulation, local governments have actively enforced mainstream religious and cultural norms and limited expressions and ideas considered contrary to the mainstream. As for the aspect of social regulation, religion-based identity politics is an effective tool for majority groups in limiting the religious freedom of minority groups. Keywords: Identity Politics, Religious Freedom, West Sumatra, Sharia-based Custom, Religious Nationalism

Assessing Religious Obligations: A Phenomenological Approach to Value and Legal Perspectives

This research begins an effort to overcome the complex challenges of formulating the concept of religious obligations among diverse Indonesian society. This study emphasizes the importance of understanding aspects of these obligations in the context of Indonesia's national ideology, Pancasila, which emphasizes the principle of Belief in One Almighty God. Facing the legal and ethical complexities involved, this research uses a juridical-normative approach as an analytical framework to examine and understand policies surrounding religious obligations in Indonesia. The juridical-normative approach is very useful in identifying and interpreting government policies and societal norms that influence religious adherence in a country. Although the Indonesian government does not strictly require its citizens to adhere to only officially recognized religions — namely Islam, Christianity, Hinduism, and Buddhism — there is a fundamental tension between formal recognition and actual practice. The research results show that in practice, adherents of local beliefs such as Sundanese Wiwitan, Kaharingan, and Parmalim, which are inherited from generation to generation, often face discrimination that is contrary to the spirit of the first principle of Pancasila. This research illustrates the tension between official lists of religions and the reality that not all spiritual denominations are treated equally. This gap between policy and practice raises questions about the consistent application of Indonesia's constitutional law and the basic ideology of Pancasila across the diverse religious spectrum. This study aims to be a first step to further explore and discuss the complexity of religious obligations and freedom in Indonesia, especially in the context of the legal and ethical framework.

Analysis of the Influence of Legal, Social, and Political Factors on Religious Freedom in Indonesia

This research investigates the influence of legal, political, and social factors on religious freedom in Indonesia through a quantitative analysis. A sample of 150 participants was surveyed, and a structural equation model was employed to examine the relationships between these factors and their impact on perceptions of religious freedom. The results reveal significant positive associations between legal awareness, political dynamics, social attitudes, and religious freedom. The study contributes valuable insights for policymakers, legal practitioners, and advocacy groups seeking to enhance religious freedom in Indonesia

Academic Freedom of Expression in Indonesia: A Maqashid Sharia Notes

This article intended to examine academic freedom in Indonesia, especially in the last decade (2014-2022). As a country that upholds human rights and Islamic values, academic freedom in Indonesia is in chaos, especially on hifz al-nafs and hifz al-‘aql fulfillment. Many forms of thought expression and criticism conveyed by scholars to the government in academic forums are responded to with various terror, threats, and criminalization on the grounds of state stability. Scholars who are critical of government policies fall victim to criminalization, go to prison, and are dismissed from college due to being considered to violate college ethics. The many cases of academic freedom infringement indicate a severe problem where the thought of scientists in an academic forum is being ‘undermined’ by authoritarian government regimes. This paper examines cases relating to the curbs on academic freedom, especially in the Joko Widodo regime 2014-2022, with an overview of Islamic law (maqashid sharia). The research employed a normative legal method using conceptual, regulatory, and historical approaches. As a result, academic freedom in Indonesia can be restored through amendments to Article 207 of the Criminal Code and Articles 27-28 of the EIT Law to eliminate the restriction of academic freedom of expression and fulfill the hifz al-nafs and hifz al-‘aql for every scholar and citizens.

Menilik Pembatasan Kebebasan Beragama dan Berkeyakinan dalam Perkawinan Beda Agama di Indonesia

<p>Abstract: The right to marry and the right to practice a religion are fundamental human rights that are not mutually exclusive. The fulfilment of one does not necessitate the compromise of the other. However, in Indonesia, many couples from diverse religious backgrounds face complexities in exercising these rights due to the constraints<br />imposed by Marriage Law Number 1 of 1974, which does not explicitly accommodate interfaith marriages. According to this law, the legal recognition of a marriage necessitates a religious ceremony, and religious institutions often resist interfaith marriages. They typically urge couples from different religions to adopt a common faith to facilitate their acceptance into matrimony. This requirement often compels individuals to convert to their partner’s religion, thereby challenging their freedom of religion and belief. In the pursuit of a legally recognized marriage, individuals may find themselves coerced into relinquishing their religious freedom. This article examines the challenges faced in actualizing human rights and religious freedom in Indonesia within the context of interfaith<br />marriages. The methodology employed is Critical Discourses Analysis (CDA), a critical study based on text (in this case, Marriage Law No. 1/194) and context (random examples). Through critical analysis, this article posits that government regulations requiring legal recognition of marriages by religious institutions serve as an impediment to the fulfilment of religious rights and beliefs for citizens engaged in interfaith relationships. Consequently, this article advocates for amendments to the marriage regulations to actualize the human rights of freedom of religion<br />and belief.</p><p><br />Key words: Marriage, Human Rights, Indonesia, Marriage Law, Inter-religious Marriage</p>

The Baha’i Religion: Maqasid Syariah of Social Religious Frictions in Indonesia

<span id="docs-internal-guid-e3c1db62-7fff-e237-cf7d-9d2eeb59a50e"><span>The contestation of conversation about the Baha'i religious group in Indonesia continues from time to time. In valuable retrospect, there has been much debate that characterizes the existence of the Baha'i group. As a result, it is very unfortunate that there are many frictions caused by socio-religious friction in the social sphere. This has led to many assumptions about religious freedom in Indonesia, which are increasingly showing a repressive trend. The author is interested in analyzing the various frictions that arise between the gaps in religious plurality in Indonesia, both pragmatic and paradigmatic. In addition, the author wants to examine how the role of the government can break the deadlock of friction. The research was conducted with a qualitative analysis oriented toward a literature review and Maqasid Syariah as a theoretical perception. Exploration research focuses on various phenomena that occur around the presence of Baha'is in Indonesia and how potential conflicts can arise in them. This research proves that the state needs to be present to accommodate various religions and coexist by prioritizing the concept of benefit for all citizens. In addition, the role of society in maintaining multicultural values must be initiated more intensely and in a dialogical manner.</span></span>

Rejection of Former Shia Community in Sampang Perspective on Human Rights Law: Discourse of Religious Rights and Freedom in Indonesia

Tajul Muluk and 274 former Shia have not been able to return to their hometowns in Sampang District, even though they have pledged repentance to return to Sunni teachings on November 5, 2020. The formulated research problems consisted of: first, what was the position of former Shia adherents in Sampang District based on the perspective of rights and freedom of religion in Indonesia? And second, what was the form of violation of the right to freedom of religion in the case of community rejection of former Shia in Sampang District? This research utilizes empirical legal research methods combined with sociological and anthropological approaches. The research results concluded: First, the existence of former Shia adherents as refugees should be treated as a violation of the constitutional mandate of Indonesia which forbids acts of violence and violations of religious rights and freedoms, of all Indonesian citizens. Second that they were accused of embracing a deviant religious sect, is evidence to their religious minority status; and third the expulsion of the former Shia adherents was a violation of the right to freedom of religion. which had been regulated in the constitution, laws, and regulations under the constitution and the spirit of the Indonesian nation.

The Portrayal of Marine Life in Chudori’s the Sea Speaks His Name

Many countries in the world have experienced a massive movement. In Indonesia, one of them was the 1998 Indonesian student movement which was able to push Soeharto (Indonesian president at that time) to resign from his president position which had lasted for 32 years. This movement is narrated in a novel entitled The Sea Speaks His Name which is a translation work of an Indonesian novel entitled Laut Berbicara and is written by Leila S. Chudori. Laut Biru as the main character of this work took part in the 1998 Indonesian student movement and was drawn into an ocean as a result of his action. Interestingly, the portrayal of marine life and its surrounding is repeated several times in this work. Deploying difference and repetition theory of Delueze and reader-response approach, the researcher applied a closed reading method and wrote the analysis results descriptively. This study found that the portrayal of marine life and its surrounding tended to show the acceptance of Laut’s struggle to create a freedom in Indonesia. In this case, Chudori’s novel provided a different point of view that as a maritime country, the beauty of marine life and its surrounding had some important roles to convey the 1998 student movement in relation to love, struggle and setting.

Paradigm of Law and Human Rights as a Protection of Academic Freedom in Indonesia

Various attacks on academic freedom in Indonesia are like an iceberg phenomenon. The conditions are very worrying but not surprising, considering that repressive practices in the academic world are common in Indonesia. How is the legal mechanism of human rights and theoretical views responding to the threats to academic freedom in Indonesia. This research uses socio-legal study methods to regarding academic freedom in Indonesia and the patterns that follow. The purpose of this research is to rehabilitate and recover victims of terror and threats to academic freedom and ensure that similar cases are not repeated. Various models of threats and attacks on academic freedom, such as: the use of the judiciary to repress academics, banning and followed by sweeping of left books, prohibition or sanctions on teaching methods, forced dissolution of scientific discussions/forums both by campuses and by law enforcement officials and even groups of thugs, Stigmatization which was followed by violence against lecturers and students, as well as threats of violence and terror and even followed by attempts of persecution became a very worrying problem in the situation of academic freedom in Indonesia. Equally important, there is a need for a human rights legal system related to academic freedom that is institutionalized, strong, and binding so that it becomes a code of conduct for exercising academic freedom in Indonesia.

Amendments to Law of the Republic of Indonesia Number 40 of 1999 Concerning the Press: Between Needs and Obligations

Amendments to the law, as a manifestation of legal politics designed to promote public contentment is inevitable. The theory of law stipulates the significance of developments that are deemed highly necessary. Problems arose when the government of Indonesia's agenda to amend Law Number 40 of 1999 concerning the press raised concerns about the threat of oppression in the media. This study aims to determine the urgency of amending the Press Law to realize press freedom in Indonesia. This study used a qualitative method through literature studies and interviews with practitioners. The results of this study showed that Law Number 40 of 1999 concerning the Press is a legitimate tool for press freedom at this time. It can be stated that the substance of Law No. 40 of 1999 regarding the Press is still relatively accommodating democracy in terms of ensuring freedom of opinion as human rights. However, the dominance of the media company as the capital owner will limit press freedom, necessitating a structure that can finally separate the company from the press product. In the end, the success of Law Number 40 of 1999 pertaining to the Press must be evaluated based on institutions, enforcement, and the legal culture of the society.

KONSISTENSI PENERAPAN SANKSI PIDANA TERHADAP PELAKU PENISTA AGAMA DI INDONESIA

The Indonesian constitution, namely the 1945 Constitution, is one of the instruments of human rights fulfillment, namely regulating the protection of religious freedom in Indonesia as stated in Article 27 paragraph (1), Article 28D paragraph (1), Article 28e, article 28i paragraph (1) and (2), Article 29 paragraph (2). In order to maintain the relationship between religious freedom and public order, the state makes restrictions on actions that are considered blasphemous or insulting to other religions that can trigger conflicts in public life. In this study raised two problems, namely how the consistency of the application of criminal sanctions against perpetrators of blasphemy in Indonesia ? and What is the form of updating the Criminal Code in realizing the consistency of the application of sanctions against perpetrators of religious blasphemy in Indonesia? The Theory of deferential Association by Edwin H. Sutherland and Emile Durkheim's theory of Anatomy. The method used is a normative juridical research method that begins the collection of legal materials carried out by identifying and inventorying positive legal rules, researching library materials (books, scientific journals, research reports), and other sources of legal materials relevant to the legal issues under study. The result of this study is that the consistency of the application of criminal sanctions against perpetrators of blasphemy in Indonesia. Has not been consistent and the Criminal Code (KUHP) relating to blasphemy needs to be renewed.

Kuyper’s sphere sovereignty and institutional religious freedom in Indonesia

Although the Indonesian Constitution guarantees religious freedom in Indonesia, the implementation of that freedom is not without ambiguity. As the state defines what constitutes religion and categorises official and nonofficial religions, religious communities such as indigenous religious groups are struggling to obtain equal access to the public administration and to express their faith to the broader society. The ambiguity of religious freedom in Indonesia is obvious in the matter of institutional freedom of religion. Minority religious groups, especially those of nonofficial religions, would find their institutional freedom much restricted. Kuyper’s sphere sovereignty has proved to be successful in establishing institutional religious freedom in the Netherlands. This article seeks to show the relevance of Kuyper’s sphere sovereignty to the matter of institutional religious freedom in Indonesia.Intradisciplinary and/or interdisciplinary implications: Kuyper’s sphere sovereignty does not only show the importance of religious freedom but also the equal access for every religious community to institutionalise themselves. In the Indonesian context, sphere sovereignty could contribute to the issue of institutional religious freedom, especially for the adherents of nonofficial religions.

KRIMINALISASI JURNALIS TERHADAP PUBLIKASI PRODUK JURNALISTIK DALAM PERSPEKTIF HUKUM PIDANA INDONESIA

The policy of criminalizing journalists due to the publication of journalistic products in the form of reporting in print and electronic media is a setback for press freedom in Indonesia. From January to December 2021, the Press Council surveyed on the Press Freedom Index (IKP) in 34 provinces. As a result, the national IKP score has increased compared to the survey conducted the previous year to 77.88 (quite independent). Even so, there is still criminalization of journalists regarding published reports accused of containing insults or defamation. Existing laws and regulations, the Criminal Code and Law Number 40 of 1999 concerning the Press have not yet regulated the classification of journalistic activity deviations which include criminal acts. The Press Law protects the actions of journalists to carry out their profession including seeking, obtaining, possessing, storing, processing, and conveying information to the public so that these actions cannot be subject to criminal sanctions. The research method used is juridical-normative which is carried out by examining library materials sourced from laws and regulations, books, and journals. The study results show that law enforcers in Indonesia still use criminalization against journalists who carry out their profession.

Portrait of Moderate Islam Within Muslim University Students in Indonesia

The violence in the name of religion is now not only happening in the Middle East but has also penetrated Indonesia. Indonesia is not only known as a Muslim-majority country that is friendly and peace-loving but also has a diversity of religions, ethnicities, races, and cultures that have the potential to trigger conflict at any time. Violations of religious freedom in Indonesia have increased dramatically in recent years. This study is aimed to explore the understanding of Muslim students in Indonesia about Islamic moderation, the perceptions of Muslim students in Indonesia about the application of Islamic moderation, and the challenges and strategies of universities in implementing Islamic moderation on Muslim students in Indonesia. This study uses phenomenology approach with Muslim students as the object of the research. The participants were selected purposively as many as 20 students. This study finds that Muslim students in Indonesia characterize Islamic moderation as Muslims who are open to technological change, tolerant and harmonious with other Muslims and non-Muslims, non-violent, democratic, and access to comprehensive Islamic sources. Even though Muslim students in Indonesia have implemented Islamic moderation, there are still misconceptions about Islamic moderation. The challenge of implementing Islamic moderation in Muslim students is that they are easily exposed to extreme understanding through social media or the pragmatic and rational Islamic community.

The Origin of the Indonesian Blasphemy Law and its Implication towards Religious Freedom in Indonesia

This article elucidates the chronology of the insertion of Undang-Undang Penistaan Agama (‘the Indonesian blasphemy law’) in Kitab Undang-undang Hukum Pidana (‘the Indonesian Criminal Code,’ later mentioned as KUHP). The law aims to prevent a religious elements; such as holy books, rituals, saints, etc. from offences. In the postauthoritarian Indonesia, this law has been used to ban individuals and minority groups by religious groups, state apparatus, and politicians. This has caused a dispute and debate in the society because there are several groups most of whom are intellectuals and human rights activists, who consider that the law is against Undang-Undang Dasar 1945 (‘the Indonesian Constitution 1945,’ later mentioned as UUD 45). They have urged the government through Mahkamah Konstitusi (‘the Constitutional Court of Indonesia,’ later mentioned as MK) to remove or revise it. This article attempts to answer the questions of how blasphemy law is formulated and then inserted in the Criminal Code and how it has defined religious freedom in Indonesia. Its aim is to understand the historical aspects of the law and the interpretation of religious freedom in Indonesia. The data of this article were collected through library research (books, newspapers, articles, CDs, etc.) and ethnography (observation and interviews). The results show that the Indonesian government has struggled to locate the definition of religious freedom and tend to be inconsistent in dealing with dispute of blasphemy law. In many cases, it ends in favor with the more powerful voice in public.

PERNIKAHAN BEDA AGAMA DI INDONESIA DITINJAU DARI HUKUM ISLAM DAN HAK ASASI MANUSIA (HAM)

According to Islamic law, interfaith marriages are not permitted because they involve differences in faith. Based on the MUI fatwa Number: 4/MUNAS VII/MU/8/2005 which was issued as a result of the Second National Deliberation on 26 May to 1 June 1980 which determined that marriage between different religions is haram, the reasons are: a. Al-Qur'an Surah Al-Baqarah verse 221 explains that it is forbidden for Muslim men to marry non-Muslim women until they become believers. Apart from that, it also explains that it is forbidden for guardians to marry women under their responsibility to non-Muslim men. b. Al-Quran Surah Al-Mumtahanah verse 10 explains that believing men should not maintain their marriages with non-Muslim women, as well as non-Muslim women should be returned to Muslim men, because their marriages are forbidden by Allah. c. Al-Qur'an Surah Al-Tahrim verse 6 commands believers to guard and protect themselves and their families from the fire of hell. d. The words of the Prophet Muhammad SAW narrated by Imam Al-Tabarani taught that marriage is half of the teachings of religion. And we are instructed to be careful of the rest. e. The words of the Prophet Muhammad SAW narrated by Ibn. Al-Sura'i who taught about the importance of teaching religious education for parents to their children. Law Number 39 of 1999 concerning Human Rights in Indonesia, there is an explanation about freedom of religion, there is also freedom to marry and continue offspring, as stated in Article 10 paragraph (1 ) which states that every person has the right to form a family and continue their offspring through legal marriage. Thus, the right to carry out a marriage is limited by the Marriage Law. Meanwhile, in Article 2 of the Marriage Law, a valid marriage is a marriage carried out based on their respective religions and beliefs. This article is often seen as a prohibition against interfaith marriages, because marriages must be carried out according to their respective religions and beliefs, whereas it is impossible for one marriage to be carried out with two religious ceremonies. Therefore, in carrying out an interfaith marriage, one party should follow the religion of the other party. Religious freedom in Indonesia cannot be fully implemented, because there has been coercion by the institution of marriage on someone to embrace a certain religion in order to carry out a marriage. Keywords: Interfaith marriage, Islamic law, human rights

Gusdurian Islamic Social Movement: Political Discourse, Resource Mobilization, and Framing

Gusdurian network of Islamic social movements covers political discourse, resource mobilization, and movement framing. This movement started from critical-transformative of Islamic thinking to encourage social change in post-reform Indonesia. With the social dynamics after 1998 reform, the social movement of Gusdurian strive to find new breakthroughs to strengthen democratization, pluralism, and religious freedom in Indonesia. The Gusdurian social movement in encouraging religious social change takes advantage of political dynamics, optimizes resources, and frames them in various forms. The findings in this study show that the Gusdurian as a medium for Islamic social movements is a unique phenomenon containing young activists who continue and fight for what Gus Dur has fought for as a religious and national figure.

Hamka dan Konstruksi Pemikiran Kebebasan Beragama di Indonesia

The existence of a significant quantity gap between religious adherents in Indonesia has the potential to lead to violations of religious freedom. And addition with the application of the rules regarding the right to religious freedom in Indonesia, which are felt to be not optimal, it has led to various arguments by Indonesian experts and scholars in responding to this, including Hamka who also contributed to the construction of ideas about religious freedom in one of his monumental works, namely Tafsir al-Azhar. For this reason, the presence of this study aims to present the construction of Hamka's thoughts regarding the phenomenon of religious freedom that occurs in Indonesia. This study used literature (Library research) with a qualitative approach. The data analysis used in this research is content analysis. In qualitative research, especially in qualitative verification strategies, this data analysis technique is considered to be the most frequently used data analysis technique. This study found that Hamka in his position as a scholar as well as a writer and humanist accepted the concept of religious freedom, especially in Indonesia. This is evidenced by his rejection of the element of coercion in embracing a religion, especially if it has the potential to cause conflict and violence between religions because of the truth claims of each religion (Claim Truth). Because according to him, Islam never teaches violence and war. However, behind Hamka's acceptance of religious freedom, he also puts a limit on the matter, namely that it is not permissible to combine faith and shirk.