Decisive Guarantee Religious Freedom in Constitutional

Decisive Guarantee Religious Freedom in Constitutional

In addition to corruption, more complicated issues that often color the life of the state in Indonesia is one of them is the issue of human rights. To us, the public, the media often presents a number of news shows containing human rights violations.

Indeed, dare admit it or not, in Indonesia this violation of human rights issues often raised. One of the hottest form of the offense is offensive even to the burning of Shia schools in Madura.

Human Rights Activists, then, one by one cast protest against the rigors of the heartbreaking tragedy. They assume, burning tragedy at Madura Shiite schools is a violation of religious freedom guaranteed in the constitution of the Republic of Indonesia.

Too much if the opinion is considered as sheer nonsense. Because, in the Basic Law (Constitution) RI on the second amendment was written expressly guarantees that the state religion freely and to practice the religion or belief respectively.

At least, it is stated in the following chapters. Article 28E paragraph (1) which states, "Everyone is free to embrace the religion and worship according to their religion ...." and Article 28E Paragraph (2) reads, "Everyone has the right to freedom of belief to believe, express thoughts, and attitudes, according to his conscience . "In addition, religious freedom under Article 29 paragraph (2) that," The State guarantees the independence of each resident to embrace their religion and to worship according to his religion or belief. "

Musdah Noble argues that the normative religious freedom contains eight elements. First, the freedom for any religion or belief of people on the basis of free options, including change of religion or belief freely. Second, the freedom to manifest religion or belief in the form of ritual and worship. Third, freedom from all forms of coercion. Fourth, freedom from all forms of discrimination. State shall respect and ensure freedom of religion or faiths of all individuals in the territory without distinction of race, color, sex, gender, political choice, and so forth.

Fifth, the freedom which recognizes the right of a parent or guardian. Countries are obliged to respect the freedom of parents and guardians to ensure that religious and moral education for their children is in accordance with their religious understanding. Sixth, the freedom for all religious communities to organize or association. Seventh, the freedom for everyone to manifest religion can only be restricted by law. Law made in the interest of protecting public safety and order, health or morals or the fundamental rights of others.

Eighth, the state guarantees the fulfillment of internal freedom for everyone, and it is non-derogability.

Furthermore, Musdah said eighth element if properly implemented will be realized in people's lives a peaceful atmosphere of tolerance. Each religious community will respect the other communities, and they can communicate and work together in an atmosphere of mutual understanding, loving. In the context of a multi-religious Indonesia, the principle of religious freedom not only have a foot runway in the constitution and national laws, but also firmly rooted in the traditions of various religions and beliefs who lived thousands of years in the archipelago.

Kaelan in a paper entitled "Relation of State and Religion in Perspective Philosophy Pancasila" believes that every citizen is free to believe or religion in accordance with the confidence and trust. Freedom in this sense means that the decision of religion and worship is placed on the private domain, or at the individual level. He further added that countries in this connection enough to guarantee the juridical order and facilitate citizen can run the religion and worship with a sense of security, serenity and peace.

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