Legal Pluralism Approach to Respond Challenge of Diversity and Religious Conflict Among Indonesian Society

Abstract

Recently, Indonesia has been facing various problems of disharmony between religion and racial intolerance, which can arise disintegration of the nation and destruction of diversity in society. Some people consider themselves as the most "Pancasilaist" compared to the other groups, so that they attempt to dissolve specific religious organizations. Regarding this issue, the writer would investigate how the three discourses of moral-ethicreligion, state positivism, and socio-legal research of diversity and religiosity among the member of society are combined in order to reach religious harmony. This method used in this study to analyze the pluralism approach that combines three approaches, i.e., moral/ethic/religion, state positivism, and socio-legal approach. The result shows that there is an accumulation of violations of religious freedom and the strengthening of the issue of religious blasphemy. To solve these problems, the writer argues that support and participation of all elements of society are entirely required. Religious leaders and community leaders can use moral, ethical, and religious approaches to re-internalize the gracious values of religion and tolerance. Indeed, the non-penal policy becomes the foundation of life for the nation and state that must be continuously internalized. Whereas penal policy through law enforcement should prioritize unity; done in restorative and recitative justice; precede the ways of penal mediation, kinship, deliberation, and consensus. These should be applied to improve national unity and social order.