Religious Freedom In Indonesia Research Articles

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

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

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>

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.

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.

Qur’anic Verbalization on the Issue of Religious Freedom in Indonesia

This article aims to understand the verses on religious freedom using method of Verbalization of the Qur’an, which was coined by Muhammad Alwi HS, in the Indonesian context. Based on its initial form and identity, Verbalization of the Qur’an is a method that has a strong foundation in providing an understanding of the Al-Qur’an in a different space and context from the time of revelation, including in Indonesia. As for the verse - The verse studied in this article is QS. Al-Baqarah [2]: 256, Q S. Ali Imran [3]: 64, QS. Al-Qashash [28]: 56, QS. Yunus [10]: 99. The result that is found in this article is that all of these verses prohibit the imposition of coercion on other people to follow a certain religion. Faith is the right of everyone who is blessed by God, as Allah does not make all believers or unbelievers, but allows everyone to choose the faith (religion) they want. In the context of Indonesia, the verbalization of the verses of religious freedom can be found in the form of a national and state constitution, namely based on the 1945 Constitution in article 28E paragraph (1), the 1945 Constitution in article 29 paragraph (2), the first principle of Pancasila "God Almighty", Law no. 39/1999 on Human Rights (HAM), and article 28I of the 1945 Constitution concerning the ratification of the International Covenant on Civil and Political Rights.

Become Recognized Minority in a Multicultural Society: An- Naim’s Theory in Responding to Ahmadiyyah Cases in Indonesia

This study aims to analyze the thoughts of Abdullah Ahmed an-Naim related of constitutionalism, human rights and citizenship based on justice in minority groups. An-Naim’s thoughts on human rights can be accommodated to public expectations regarding the issue of the Ahmadiyya community in Indonesia. Read an-Naim’s theory regarding women, non-Muslim status and apostasy. The issue of human rights initiated by an-Naim will be the basic foundation in the explicit explanation of this paper. Considering the existing social values based on the enforcement of human rights in Indonesia, the position of the Ahmadiyya community must be positioned equally in the law in terms of rights and obligations as part of Indonesian citizens. The state must be neutral considering the Ahmadiyya community in responding to its religious existence. The government must maintain neutrality in regulating religious life for every citizen in order to create an atmosphere of harmony and peace. This paper attempts to produce a peaceful religious discourse in the context of religious freedom in Indonesia

Kebebasan Beragama di Indonesia dalam Terang Pemikiran Barcuh de Spinoza

This paper pays attention to the issue of religious freedom in Indonesia. Freedom of religion is one of the individual rights of every person. People are free to choose religion according to their minds. By reason, it means that humans recognize the values that are sparked in a religion. The duty of the state is to guarantee religious freedom. In the Indonesian context, freedom of religion is guaranteed in the legal basis contained in the 1945 Constitution. However, it is inevitable that this kind of freedom is also subject to discriminatory treatment. To underline this, Spinoza, a philosopher who greatly respected reason, explained the importance of religious freedom as an individual choice. Freedom of religion according to him should not be restrained by any authority. This paper was written using the literature method which tries to confront Spinoza's thoughts on religious freedom with the issue of religious freedom in Indonesia.

NON-MUSLIMS IN THE NATION-STATE: THE MEDINA CHARTER AS A PROTOTYPE FOR ISLAMIC WASATHIYAH IMPLEMENTATION IN INDONESIA

In recent years, rampant intolerant cases have damaged Indonesia's religious image in various forms and waned national commitment. Starting with the refusal of non-Muslims to live in certain areas and the rejection of the establishment of houses of worship for certain religions, it is clear that religious freedom in Indonesia requires serious attention in order to implement wasathiyah values in Indonesia. This paper seeks to provide an understanding of non-Muslims in the nation-state, the Medina Charter as the Prophet's political strategy in realizing national commitment to become a model for the implementation of wasathiyah values ​​in Indonesia. This paper uses a qualitative approach with data collection techniques through a literature study. The results of this study indicate that at least it can be understood that when the Prophet initiated the Medina Charter as a political policy and strategy in realizing national commitment, it could be used as a model for implementing wasathiyah values ​​in Indonesia. The substance of the Medina Charter guarantees the social, political, religious, and cultural rights of the community to realize the unity and integrity of the nation, which is part of the national commitment that must be maintained and cared for properly. In addition, the values ​​contained in the Medina Charter are the values ​​taught in Islam and are in line with the spirit of national commitment in Indonesia. Therefore, the results of this research hopefully can contribute to rebuilding the spirit of togetherness and diversity in the Unitary Republic of Indonesia (NKRI)

Religious Diversity and its Legal Problems

The basis for freedom of religion in Indonesia is regulated in Article 28E, Article 28I, Article 29 of the 1945 Constitution and Article 4, Article 22 of Law Number 39 of 1999 concerning Human Rights. However, this freedom is not absolute and must be limited to maintain religious harmony in Indonesia. This study aims to determine the actions that often trigger religious disputes with blasphemy or blasphemy of religion either directly or through various online media. This type of research is doctrinal or normative. In this study, all norms, legal principles, legal documents, court decisions, laws and regulations related to religious freedom in Indonesia will be studied. Based on the results of research to maintain religious harmony, the government issued Law Number 1 of 1946 concerning the Criminal Code, Law Number 1/PNPS/1965 concerning the Prevention of Abuse and/or Blasphemy of Religion, Law Number 40 of 2008 concerning the Elimination of Race and Religious Blasphemy. Religion. Ethnic Discrimination, Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Transaction Information. In addition to legal action against perpetrators of blasphemy, the government and the community must work together to maintain religious tolerance and prevent fanaticism towards their respective religious identities so that it has the potential to cause horizontal conflicts between religious adherents in Indonesia.

Religious Diversity and its Legal Problems

The basis for freedom of religion in Indonesia is regulated in Article 28E, Article 28I, Article 29 of the 1945 Constitution and Article 4, Article 22 of Law Number 39 of 1999 concerning Human Rights. However, this freedom is not absolute and must be limited to maintain religious harmony in Indonesia. This study aims to determine the actions that often trigger religious disputes with blasphemy or blasphemy of religion either directly or through various online media. This type of research is doctrinal or normative. In this study, all norms, legal principles, legal documents, court decisions, laws and regulations related to religious freedom in Indonesia will be studied. Based on the results of research to maintain religious harmony, the government issued Law Number 1 of 1946 concerning the Criminal Code, Law Number 1/PNPS/1965 concerning the Prevention of Abuse and/or Blasphemy of Religion, Law Number 40 of 2008 concerning the Elimination of Race and Religious Blasphemy. Religion. Ethnic Discrimination, Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Transaction Information. In addition to legal action against perpetrators of blasphemy, the government and the community must work together to maintain religious tolerance and prevent fanaticism towards their respective religious identities so that it has the potential to cause horizontal conflicts between religious adherents in Indonesia.

Pemberdayaan Tokoh Adat dan Tokoh Masyarakat dalam Mencegah Konflik Antar Agama di Kabupaten Aceh Tenggara

The 1945 Constitution guarantees and protects religious freedom in Indonesia. There are several laws and regulations as implementing regulations in realizing the ideals of the constitution, such as Law no. 39 of 1999 concerning Human Rights, Law no. 1/PNPS/1965 concerning Prevention of Religious Abuse and/or Blasphemy, and Aceh Qanun No. 4 of 2016 concerning Guidelines for the Maintenance of Religious Harmony and the Establishment of Places of Worship. However, inter-religious conflicts still occur, especially in areas where there are multi-ethnic and religious groups such as Southeast Aceh Regency. Usually, the problem is triggered by a non-tolerant attitude in carrying out social life and carrying out religious rituals and beliefs between religious adherents. In Southeast Aceh district, there are four problems that often trigger disputes or conflicts between religious adherents, namely livestock farming and the sale of pigs in the community, turning on music when the call to prayer is heard, illegal construction of houses of worship, sales of liquor such as "tuak" and construction of houses. gambling freely in the community. This community service program will empower traditional leaders and community leaders through counseling on the importance of preventing conflicts between religious adherents. Traditional leaders and community leaders were chosen because they are closer to all levels of society from various religious backgrounds in Southeast Aceh Regency. The education provided in this activity can be information and increase knowledge for traditional leaders and community leaders in preventing inter-religious conflicts in Kutacane, Southeast Aceh.

Pemberdayaan Tokoh Adat dan Tokoh Masyarakat dalam Mencegah Konflik Antar Agama di Kabupaten Aceh Tenggara

The 1945 Constitution guarantees and protects religious freedom in Indonesia. There are several laws and regulations as implementing regulations in realizing the ideals of the constitution, such as Law no. 39 of 1999 concerning Human Rights, Law no. 1/PNPS/1965 concerning Prevention of Religious Abuse and/or Blasphemy, and Aceh Qanun No. 4 of 2016 concerning Guidelines for the Maintenance of Religious Harmony and the Establishment of Places of Worship. However, inter-religious conflicts still occur, especially in areas where there are multi-ethnic and religious groups such as Southeast Aceh Regency. Usually, the problem is triggered by a non-tolerant attitude in carrying out social life and carrying out religious rituals and beliefs between religious adherents. In Southeast Aceh district, there are four problems that often trigger disputes or conflicts between religious adherents, namely livestock farming and the sale of pigs in the community, turning on music when the call to prayer is heard, illegal construction of houses of worship, sales of liquor such as "tuak" and construction of houses. gambling freely in the community. This community service program will empower traditional leaders and community leaders through counseling on the importance of preventing conflicts between religious adherents. Traditional leaders and community leaders were chosen because they are closer to all levels of society from various religious backgrounds in Southeast Aceh Regency. The education provided in this activity can be information and increase knowledge for traditional leaders and community leaders in preventing inter-religious conflicts in Kutacane, Southeast Aceh.

BUILDING THE FOUNDATION OF RELIGIOUS TOLERANCE AND COUNTERING RADICALISM IDEOLOGY IN INDONESIA

Human rights enforcement, especially in the aspect of religious freedom in Indonesia, is still unsolved. Violence involving conflicts among religious followers still occurs. It shows that the space for religious freedom is still a critical problem in this country. Indonesia is a multi-cultural country, but a narrow understanding makes plurality the root of hatred and anger. Indeed, diversity will contribute to national development, but on the other hand, it can also trigger horizontal conflicts. This article will unravel the problems that cause religious intolerance and how to overcome the mushrooming of radicalism. This article is qualitative-based research. The data were collected from the library study. The acts of violence caused by wrong religious understanding were analyzed from the Human Rights enforcement, Islamic theology, and socio-juridical viewpoints so that alternative solutions for acts of violence occurring in society, especially among Muslims, can be settled. This study finds that tolerance has its foundations in both religion and positive law in Indonesia. Therefore, any intolerance has no basis, and it will only worsen the image of Islam and make people unsympathetic to religion.