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Contemporary Issues on Interfaith Law and Society
Number of Followers: 0

This is an Open Access Journal

Open Access journal
ISSN (Print) 2829-8373 - ISSN (Online) 2829-8624
Published by Universitas Negeri Semarang

[79 journals]

Protection of Indigenous Peoples (Local Beliefs) in the Context of Human
Rights in Indonesia
- Authors: Naufal Khaidar, Maulana Adi Nugraha
  Pages: 101 - 130
  Abstract: This study aims to analyze the protection of indigenous peoples and local beliefs in the dimensions of human rights in Indonesia in a global context. Thisy sudy compared some laws and regulations related to the protection for indegenous peoples and local beliefs both national legal system and international conventions. The study found and higlighted that Article 28E and Article 29 paragraph (1) of the 1945 Constitution of the Republic of Indonesia have guaranteed freedom for every citizen to embrace religion and worship according to their respective beliefs, accompanied by the state's obligation to protect every citizen to worship according to their respective beliefs, including local religions. In addition, the Constitutional Court Decision Number 97/PUU-XIV/2016 concerning Judicial Review of the Population Administration Law, the Panel of Judges granted the lawsuit against Article 61 of Law Number 23 of 2006 and Article 64 of Law Number 24 of 2013 concerning Population Administration wich accommodate the local belief on the national administration system. In the global context, freedom of religion including having local beliefs is also regulated in the Universal Declaration of Human Rights Article 18, the International Covenant on Civil and Political Rights, and even the regulation of freedom of religion or belief in more detail is also regulated in the Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion in 1981.
  PubDate: 2022-07-31
  DOI: 10.15294/ciils.v1i2.58319
  Issue No: Vol. 1, No. 2 (2022)
Pros and Cons of Removing the Religion Column in Indonesian Identity Cards
(Analysis of the Impact and Regulation on Human Rights)
- Authors: Bagus Edi Prayogo
  Pages: 131 - 156
  Abstract: The removing of the religious column on the national identity card raised pros and cons. has begun. In one side, there are many beliefs cannot be accommodated by the administration system in religion colomn, but in the other sides, the provision of the beliefs protection instead if religion is still bias. This study aims to analyze the pros and cons of removing of religion identity at the national identity card. The method used at this study is literature study with some comparative analysis of laws and regulations concerning the freedom of religion and belief both national and international legal system. The study found that initially, the aim of removing the religion column was to accommodate the rights of adherents of beliefs, which began to spread to the idea of eliminating the religion column for all religious communities in Indonesia. This study also found that after the issuance of the Constitutional Court decision No. 97/PUU-XIV/2016, adherents of a belief can list their belief in the column of religion on their identity cards. The decision claimed to recognize and include religious beliefs as a new identity column on the KTP is a significant development of the government's commitment to guaranteeing equal rights for all Indonesian people regardless of diversity of religions and beliefs. Furthermore, guarantees for freedom of religion and belief are strictly regulated in Article 28 E and 29 paragraph (2) of the 1945 Constitution. In addition, these guarantees are also regulated in the Law on Human Rights and the ICCPR.
  PubDate: 2022-07-31
  DOI: 10.15294/ciils.v1i2.58146
  Issue No: Vol. 1, No. 2 (2022)
Restrictions and Prohibition of the Use of Hijab on Company Employees: A
Human Rights Analysis
- Authors: Layina Shaiza, Nur Shivana
  Pages: 157 - 182
  Abstract: Discourse regarding the prohibition of the use of headscarves in companies has become dillematic issues in human rights. This study aims to analyze the prohibition of the use of headscarves in companies in the context of human rights by analyzing and comparing some laws and regulations. This study found and confirmed that although the views on human rights in each country are different, there is one basic right that all human beings must have, namely natural rights that all human beings have. One of these natural rights is the right to freedom of religion. In the 1945 Constitution the right to freedom of religion is regulated in Article 28E paragraph (1), Article 28E paragraph (2), and Article 29 paragraph (2) of the 1945 Constitution. Even in labor relations in Indonesia, Law No. 13 of 2003 concerning Manpower confirms with regard to discrimination against veiling while working, that every worker/laborer has the right to receive equal treatment without discrimination from employers. In addition, several regulations issued by the United Nations which regulate freedom of religion for all mankind include the Charter of the Declaration of Human Rights, the 1948 Declaration of Human Rights, the ICCPR (International Covenant on Civil and Political Rights), and CEDAW (Convention on Elimination of All Forms of Discrimination Against Women).
  PubDate: 2022-07-31
  DOI: 10.15294/ciils.v1i2.58144
  Issue No: Vol. 1, No. 2 (2022)
The Challenges of Religious Harmony and Tolerance in Developing Countries
- Authors: Anggun Putri Indah Sari
  Pages: 183 - 202
  Abstract: This study aims to analyze how the challenges of religious harmony and tolerance in Indonesia are in the social and legal aspects. This study uses a literature study approach by comparing several legal regulations and previous research related to secondary data. This study found that religious harmony is a state of inter-religious relations based on tolerance, mutual understanding, mutual respect, respect for equality in the practice of their religious teachings and cooperation in social, national and state life within the Republic of Indonesia based on Pancasila and the 1945 Constitution of Indonesia. The right to religion (to embrace and practice worship) guaranteed by the Constitution and other laws is not a right that can be exercised at will. This means that there are certain signs or conditions so that the exercise of that right does not interfere with the rights of other people, the security and order of the community, the state and the nation; in other words, there are restrictions that must be considered by residents. This limitation is in Article 28J paragraph (2) of the 1945 Constitution in conjunction with Article 73 of the Human Rights Law. Article 28J paragraph (2) stipulates that in exercising their rights and freedoms, everyone is obliged to comply with the restrictions determined by law with the sole purpose of guaranteeing recognition and respect for the rights and freedoms of others and to fulfill fair demands in accordance with moral considerations, religious values, security, and public order in a democratic society.
  PubDate: 2022-07-31
  DOI: 10.15294/ciils.v1i2.59060
  Issue No: Vol. 1, No. 2 (2022)
A Pseudo Freedom for Faith: A Discourse of Religious Freedom in Russia and
Indonesia
- Authors: Jeremy Zefanya Yaka Arvante, Maulana Fuad Nugraha, Ridwan Arifin
  Pages: 203 - 236
  Abstract: This paper is a study or comparative study between Indonesia and Russia on the regulation of one of the fundamental rights in human rights, namely the right to freedom of religion. As a constitutional state based on law, Indonesia and Russia have made arrangements for this in their constitutions, the most basic of which is contained in the 1945 Constitution (Indonesia) and The Constitution of the Russian Federation (Russia). General rules such as human rights play an important role as an instrument that ensures the preservation of the rights of citizens and the implementation of state functions to fulfill these rights. The right to freedom of religion is one of the rights guaranteed in Article 19 of The Constitution of the Russian Federation, and the 1945 Constitution. Article 19 of the Russian constitution states that The State shall guarantee the equality of rights and freedoms of man and citizen, regardless of sex, race, religion, and also of other circumstances. All forms of limitations of human rights shall be banned. And Article 28I paragraph 1 of the 1945 Constitution states that the right to religion is stated as a right that cannot be reduced under any circumstances, as well as the right to life, the right not to be tortured, the right to freedom of thought and conscience, the right not to be enslaved, the right to be recognized as a human being. person before the law, and the right not to be prosecuted on the basis of retroactive law.
  PubDate: 2022-07-31
  DOI: 10.15294/ciils.v1i2.59062
  Issue No: Vol. 1, No. 2 (2022)