Restricted to Religious Freedom. Which so far?

Restricted to Religious Freedom. Which so far?

In the previous article, the authors review of the constitution guarantees freedom of religion in the Republic of Indonesia (RI). But then the question arises, the extent to which guarantees religious freedom affirmed in the Constitution RI?

Religious freedom is one of the fundamental human rights. Talking about Human Rights, the Republic of Indonesia as a country of law in the constitution has guaranteed the fulfillment of human rights is.

However, Human Rights, which is the guarantee of the constitution (constitutional guarantee) in Indonesia that does not mean that the state gives freely of freedom. But it is possible for states to place restrictions on human rights, including in this case is freedom of religion, to the extent that the restrictions set by law.

This spirit that gave birth to Section 28J of the 1945 Constitution which reads: "(1) Every person shall respect the human rights of others in the orderly life of society, nation and state." (2) In exercising the rights and freedoms, everyone shall be subject to the restrictions determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and to meet the demands of a just and in accordance with considerations of morality, religious values, security and public order in a democratic society. "

In the conception of Human Rights adopted in Indonesia, known distribution of rights that can not be restricted or suspended (non-derogable right) which is a manifestation of inner freedom or the freedom to be. In addition, there are also rights that can be restricted (derogable right) as a form of freedom to act.

If dikontekskan with religious freedom, the right which is freedom to be is right to embrace a religion, the right to believe in the truth of a religion, the right to interpret the religious texts and so forth. The right is freedom to act is right to express his or spreading religious doctrine or belief respectively.

From the conception of the state's duties to limit human rights, particularly the Freedom of Religion. Only human rights is freedom to act alone which can be limited by the state.

One recent example of limitations imposed by the relevant state of religious freedom such as the ban Ahmadiyah in Indonesia. SKB 3 Minister to ban Ahmadiyah activities in Indonesia is considered a limitation by the state in terms of limiting the right of freedom to act that is rated.

For writers, it is true in the context of the policy limit is a right which can be limited. But because the policy was to be one reason underlying the policies.

On LCS 3 minister, explained that the policy made the basis of Law No. 1965 on Prevention of Abuse 1/PNPS/Tahun and Defamation of Religion, in particular Article 1: "Every person is prohibited from knowingly publicly told, recommends or seek public support , for any interpretation of anything religious affiliation in Indonesia or conduct religious activities that resemble the religious activities of religious, interpretations and activities which deviate from the principal teachings of that religion. "

In the article there are some elements that deserve the spotlight. The phrase "religion in Indonesia", for example, which has the purpose of those religions include Islam, Christianity, Catholicism, Hinduism, Buddhism and Confucianism (Confucius).

In the explanation, written reasons are based on the historical development of religions in Indonesia. The six kinds of religion is considered as religions which embraced almost the entire population of Indonesia.

Critical questions the author, whether that be taken into consideration for formulating 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. The reasons are put forward more asumtif and has no apparent size.

In addition, another sentence that should be highlighted is the phrase "deviate from the principal teachings of religion". It means that deviate from the teachings of the religion which can be determined by the Department of Religion and the Ulama, Ulema of religion is concerned that for it to have the tools or the means to investigate.

According to the authors, the Ministry of Religious Affairs as well as scholars is not the relevant authority to assess which religions and beliefs that deviate from the principal teachings of a religion. This is because in essence they are understanding when making any judgments based on their interpretation of sacred texts. So between the Ministry of Religious Affairs and the party or group who would it be judged in the same position, as the interpreter of religion.

Thus, according to the author, Article 1 of Law No. 1 / PNPS / Year 1965 is used as the basis of the Minister made the LCS 3 contains the logic of disability. When the state assumes that the understanding of the Department of Religion and scholars of religion is a benchmark for assessing a deviant religion or not, in fact the state to force against the interpretation of a religion and be positioned as a single interpretation of religion.

No exaggeration then to say that the Department of Religion and scholars have become God for the followers of religions in Indonesia, as they are given authority by the state to become the interpreter of the principal teachings of religion in Indonesia.

The author does not agree with the article 1 of the Act. But on the other hand, the authors agree with Article 4 of the Act is premised restrictions on religious freedom.

Article 4

"In the Book of Criminal Law held a new section which reads as follows: Section 156a. Shall be punished with imprisonment for five years anyone ever intentionally publicly release the feelings or acts: a) that is fundamentally hostile, abuse or desecration of a religion followed in Indonesia; b) with the intention that that person is not a religion whatsoever, which is based on the divinity of the Almighty. "

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