Politik Hukum Hak Asasi Manusia Tentang Kebebasan Beragama Pasca Orde Baru

Abstract

This research aims to uncoven and describe: first, the policy of state regulation in order to fulfil the right to religious freedom. Second, the concrete actions of state in taking legal steps against violations of religious freedom. This research utilizes a normative juridical method where data is collected from documents. The outcome of this research concludes that: first, Political Human Rights on the freedom of religion in Indonesia following the new order at the level of fulfilment in the form of legislation is relatively more advance and protective. Second, the strengthening of Political Human Rights at the regulatory level is not followed by changes in the legislation below it such as PNPS Law No.1 of 1965 and Article 156(a) of the Indonesian Criminal Code regarding blasphemy. Therefore, it can be concluded that Political Human Rights in Indonesia, particularly relating to the freedom of religion is a paradox. On one side it supports the products of laws and regulation which further strengthen the rights to the freedom of religion and beliefs, but on the other hand, realistically, the State actually fails to protect various forms of violations of the right to the freedom of religion and beliefs.

Legal Status of The Social Security Administrator (BPJS) As A Public Legal Entity

“…Mahfud MD stated that a government in a good country has a good constitution and the government implements a good constitution in the practice of his administration (Mahfud MD, 2003 Indonesia also adheres to the principle of good governance which is open, clean, authoritative, transparent and responsible governance, conceptually it can be understood that positioning the people to be able to regulate their economy through social security carried out by the state (Kadarisman, 2015), with the hope of society can increase the degree and dignity. In line with this Suparman Marzuki stated the country's responsibility in carrying out obligations to fulfill civil rights as well as the obligation to protect the certainty of the state to take certain steps by moving state organs to seek protection (Marzuki, 2019). As explained above, the government has the obligation to respect, protect, uphold and advance the rights of citizens through BPJS that has been regulated based on laws and regulations and international law (Triputra, 2017).…”

The Role of Forum Kerukunan Umat Beragama (FKUB) for Religious Harmony and the Rights of Freedom of Religion or Belief (Forb)

“…It is not surprising that the issue of rejecting the construction and repair of places of worship has become the most prominent issue in the discussion on religious freedom and harmony. 15 Thus, in this case the role of FKUB as guarantor and protector of Forb and community rights is considered weak and failed. In addition, the PBM 2015 evaluation data by The Indonesian Institute regarding the effectiveness of FKUB states that FKUB members' recruitment is not directly proportional to the number of religious believers in an area and has unclear work programs and activities.…”

Hak Notaris Menolak Pembuatan Akta yang Mengandung Unsur Riba dengan Alasan Menjalankan Prinsip Syariat

“…Di dаlаm menjаlаni hidup di duniа, orang yang beragama dituntut untuk pаtuh pаdа hukum agamanya. Tunduk dan patuh pada ajaran agama merupakan hаk dаsаr bаgi setiаp wаrgа negаrа (Marzuki, 2019). Hаk untuk menjаlаnkаn аjаrаn аgаmа yаng diyаkini bаgi setiаp wаrgа negаrа telаh dijаmin oleh konstitusi.…”