6 Against Religious Official recognition is unconstitutional

6 Against Religious Official recognition is unconstitutional

Indonesia as a country of law and based upon the belief in God Almighty then Indonesia must uphold the rule of law and believes that religious values ​​are a source of inspiration for countries in carrying out its obligations. One characteristic of the state law is to recognize and guarantee human rights. One of the important human rights for its existence is guaranteed the right to religion.

As a rule of law, Indonesia must guarantee in the constitution. But that should be underlined that the authority and liabilities owned by the state to do with religion is guaranteed freedom of its citizens to embrace the religion and worship according to his beliefs and religious beliefs. State was not given the authority and obligation to recognize, protect, and guarantee the existence of a particular religion. If the country is then treated like that, it actually states that have committed acts unconstitutional because they conflict with the Constitution of the Republic of Indonesia.

That is the reality that we will see if we look at Article 1 of Law No. 1/PNPS / 1965 on Prevention of Abuse and / or Penodaaan Religion. In Article 1 of the Act a quo stated: "Every person is prohibited from knowingly publicly told, recommends or seek public support, to do something about the interpretation of religion in Indonesia."

The article contained a clause on "religion in Indonesia". In the explanation of the verse is explained that the explanation klausala "religion followed in Indonesia" was is Islam, Christianity, Catholicism, Hinduism, Buddhism and Confucianism (Confucius).

So the rule can be drawn a conclusion that Indonesia was admitted, protect, and guarantee the existence of a particular religion in this religion in the sixth. The reason for such recognition is based on the history of religions in Indonesia. The six kinds of religions are religions which embraced almost the entire population of Indonesia.

The foundation is used as the basis for formulating such a rule is not a juridical basis but rather the historical basis of religion that developed in Indonesia. At least that's what the writer explanation klausala capture of "the religion followed in Indonesia".

According to the authors, the rule does not have a clear legal basis. Moreover, if our critics are used as the basis of historical foundation formulated rules.

This is what we critics of these issues are taken into consideration is whether the framers of the recognition of a particular religion is based on a large or a large number of adherents of a religion? And what size or number of followers of a religion to then be considered as a religion that are legally recognized by the state?

So the answer to both questions is that there is no clear measure of consideration and more logical, which is used as the basis for the country to formulate such a rule. The reasons are put forward more asumtif and has no apparent size. Moreover, if we expose the reasons for the study of the historical development of religion in a more comprehensive, then will we find the conclusion that the fact that religions recognized by the government through these rules are religions that are imported from outside Indonesia. Examples such as the Islamic religion, which originated from the middle east and india traders who trade in Indonesia. Of course we still remember the Dutch colonial with 3 mission of Gold, Glory, Gospel. Gospel is the mission of spreading Christianity.

Special treatment of the six religions recognized by the state legally guaranteed their consequences as provided by Article 29 paragraph 2 of the 1945 Constitution, the sixth religion get help and protection as provided by Article 1 of Law no. 1/PNPS/Tahun 1965. Instead, religions other than the six religions is exempt (exclusion), differentiation (distinction), and restriction (restriction) by the promulgation of Article 1 of the Act a quo, which could be seen from the explanation of "religions are left there, as long as no interfere with the provisions contained in these rules or other regulations ".

According to the authors, the exclusion, discrimination, and restriction is a form of discrimination and injustice that would result in later development will only result in dissatisfaction that leads to destruction.

According to the Constitution of 1945 Article 1 paragraph (3) that Indonesia is a country of law. As the law states, Indonesia is required to treat all of them have an equal footing before the law. According to AV Dicey three important features of state law is guaranteed by the Human Rights Act, Equal status before the law, supremacy of the rule of law and absence of arbitrariness without clear rules

Article 1 of Law no. 1/PNPS/Tahun 1965 against the principle of equality that exist in Article 27 paragraph (1) RI Constitution, namely "all citizens shall be equal before the law and government and must uphold the law and government, without exception", Article 28D paragraph ( 1) that "every person is entitled to recognition, security, protection and legal certainty of fair and equal treatment before the law", and Article 28I paragraph (2) which states "every person is entitled to be free from discrimination on any grounds and is entitled obtain protection against the discriminatory treatment ". With the recognition of the six religions and discrimination against other religions do, then in fact the state has violated provisions in the 1945 Constitution.

Finally, which is necessary to emphasize once again that the state does not guarantee the existence of a particular religion. But based on the RI Constitution, the state only guarantees the right of citizens to adopt a religion or belief respectively.

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