scholarly journals Religious Diversity and Blasphemy Law: Understanding Growing Religious Conflict and Intolerance in Post-Suharto Indonesia

2017 ◽  
Vol 55 (1) ◽  
pp. 105-126
Author(s):  
Noorhaidi Hasan

This paper will look at how the explosion of militant religious activism and violence against minorities in post-Suharto Indonesia is embedded in the state’s failure to apply a proper management of religious diversity and civic pluralism. In the bottom of this issue lies controvertial Law No. 1 of 1965 on the prevention of the abuse or insulting of a religion,  known as the Blasphemy Law. Debates have abounded on the extent to which the Law has transgressed the principles of religious freedom guaranteed by the Indonesian Constitution. This paper will thus also examine petitions filed by human rights activists and civil society organizations to demand judicial reviews of the Law before the Constitutional Court[Artikel ini akan menjelaskan bagaimana militansi aktifis agama dan kekerasan terhadap minoritas pasca Soeharto yang muncul akibat kegagalan Negara dalam mengelola keragaman agama dan pluralitas masyarakat. Dasar dari persoalan ini berpangkal pada kontroversi UU No. 1 Tahun 1965 tentang Pencegahan Penyalahgunaan dan/atau Penodaan Agama atau yang dikenal dengan UU Pencemaran Agama. Perdebatan yang panjang telah mengarah pada pelanggaran prinsip hukum mengenai jaminan kebebasan agama oleh konstitusi. Artikel ini juga akan membahas petisi yang diajukan oleh aktifis HAM dan ornop untuk mengajukan judicial reviews ke Mahkamah Konstitusi.] 

2011 ◽  
Vol 35 (1) ◽  
pp. 62-94 ◽  
Author(s):  
Günay Göksu Özdoğan ◽  
Büşra Ersanlı

AbstractHaving gone through different phases of political action and facing various forms of suppression by the state, the Kurdish movement from 1990's persisted in establishing legal parties despite recurrent bans by the Constitutional Court. In the 2007 national elections DTP (after its ban the BDP) running as independent candidates formed a group in the Parliament which was followed by an extensive regional representation in eastern and southeastern Turkey in local elections of 2009. At the three levels of political activity (parliament, local government, civil society) the extent of women's presence exceeds well over the general percentage in Turkey while various civil society organizations at both the national and regional levels lend support for extension of minority/human rights. Although the new legal and political reforms as of early 2000's in line with Turkey's bid for accession to the EU have opened up a new venue for legitimization of Kurdish identity and recognition of various cultural, civil and cultural rights, strictness of the electoral law impedes fair representation and certain discriminatory attitudes and practices still persist in the civil and military bureaucracy, mass media and political parties in contention. Whether Kurdish participation in Turkey's politics will fare in 'normal' terms in the future is largely dependent on Turkey's democratization process in which the Kurdish politicians' claims to function as a non-regional Turkey party constitute an important but only one of the impacting factors, e.g., rehabilitation of the PKK, decentralization and empowerment of local government, extension of human rights, and a non-exclusionary definition of Turkish identity.


2021 ◽  
Vol 7 (2) ◽  
pp. 273
Author(s):  
Cekli Setya Pratiwi

This study examines the constitutionality of Indonesia’s Anti-Blasphemy Law, which has been challenged unsuccessfully at the Constitutional Court on three occasions, in 2009, 2012, and 2018. While the Court has acknowledged the law’s provisions are open to multiple interpretations, it insists on maintaining the law as it is, on the grounds that the right to religious expression is not absolute, as freedom and rights are restricted under Article 28J of the 1945 Constitution. The Court believes that canceling the law would create a dangerous legal vacuum. The ambiguity of the Court’s decisions on the constitutionality of the Anti-Blasphemy Law is illustrated in recent blasphemy cases that have not been explored in previous studies. This study uses a doctrinal legal approach to examine why the Anti-Blasphemy Law is flawed and to analyze to what extent the ‘particular constitutionalism’ approach influenced the Court’s decisions when declaring the constitutionality of the law. As such, the Court’s misinterpretation of the core principles of the competing rights – the right to religious freedom and the right to freedom of expression – and its standard limitation, have been ignored. The findings of this study show that in dealing with the Anti-Blasphemy Law, the Court has a narrow and limited recognition of human rights law. The Court’s fear of revoking the Anti-Blasphemy Law is based only on assumptions and is less supported by facts. The Court has failed to realize that the implementation of the flawed Anti-Blasphemy Law in various cases has triggered public disorder, with people taking justice into their own hands.


Author(s):  
Yaroslav Skoromnyy ◽  

The article presents the conceptual foundations of bringing judges to civil and legal liability. It was found that the civil and legal liability of judges is one of the types of legal liability of judges. It is determined that the legislation of Ukraine provides for a clearly delineated list of the main cases (grounds) for which the state is liable for damages for damage caused to a legal entity and an individual by illegal actions of a judge as a result of the administration of justice. It has been proved that bringing judges to civil and legal liability, in particular on the basis of the right of recourse, provides for the payment of just compensation in accordance with the decision of the European Court of Human Rights. It was established that the bringing of judges to civil and legal liability in Ukraine is regulated by such legislative documents as the Constitution of Ukraine, the Civil Code of Ukraine, the Explanatory Note to the European Charter on the Status of Judges (Model Code), the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the procedure for compensation for harm caused to a citizen by illegal actions of bodies carrying out operational-search activities, pre-trial investigation bodies, prosecutors and courts», Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the Supreme Court of Ukraine regarding the compliance of the Constitution of Ukraine (constitutionality) of certain provisions of Article 2, paragraph two of clause II «Final and transitional provisions» of the Law of Ukraine «On measures to legislatively ensure the reform of the pension system», Article 138 of the Law of Ukraine «On the judicial system and the status of judges» (the case on changes in the conditions for the payment of pensions and monthly living known salaries of judges lagging behind in these), the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights».


Author(s):  
Harriet Samuels

Abstract The article investigates the negative attitude towards civil society over the last decade in the United Kingdom and the repercussions for human rights. It considers this in the context of the United Kingdom government’s implementation of the policy of austerity. It reflects on the various policy and legal changes, and the impact on the campaigning and advocacy work of civil society organizations, particularly those that work on social and economic rights.


Author(s):  
Hannah Smidt ◽  
Dominic Perera ◽  
Neil J. Mitchell ◽  
Kristin M. Bakke

Abstract International ‘naming and shaming’ campaigns rely on domestic civil society organizations (CSOs) for information on local human rights conditions. To stop this flow of information, some governments restrict CSOs, for example by limiting their access to funding. Do such restrictions reduce international naming and shaming campaigns that rely on information from domestic CSOs? This article argues that on the one hand, restrictions may reduce CSOs’ ability and motives to monitor local abuses. On the other hand, these organizations may mobilize against restrictions and find new ways of delivering information on human rights violations to international publics. Using a cross-national dataset and in-depth evidence from Egypt, the study finds that low numbers of restrictions trigger shaming by international non-governmental organizations. Yet once governments impose multiple types of restrictions, it becomes harder for CSOs to adapt, resulting in fewer international shaming campaigns.


Author(s):  
Egidijus Küris

Western legal tradition gave the birth to the concept of the rule of law. Legal theory and constitutional justice significantly contributed to the crystallisation of its standards and to moving into the direction of the common concept of the rule of law. The European Court of Human Rights uses this concept as an interpretative tool, the extension of which is the quality of the law doctrine, which encompasses concrete requirements for the law under examination in this Court, such as prospectivity of law, its foreseeability, clarity etc. The author of the article, former judge of the Lithuanian Constitutional Court and currently the judge of the European Court of Human Rights, examines how the latter court has gradually intensified (not always consistently) its reliance on the rule of law as a general principle, inherent in all the Articles of the European Convention on Human Rights, to the extent that in some of its judgments it concentrates not anymore on the factual situation of an individual applicant, but, first and foremost, on the examination of the quality of the law. The trend is that, having found the quality of the applicable law to be insufficient, the Court considers that the mere existence of contested legislation amounts to an unjustifiable interference into a respective right and finds a violation of respective provisions of the Convention. This is an indication of the Court’s progressing self-approximation to constitutional courts, which are called to exercise abstract norm-control.La tradición occidental alumbró la noción del Estado de Derecho. La teoría del Derecho y la Justicia Constitucional han contribuido decisivamente a la cristalización de sus estándares, ayudando a conformar un acervo común en torno al mismo. El Tribunal Europeo de Derechos Humanos emplea la noción de Estado de Derecho como una herramienta interpretativa, fundamentalmente centrada en la doctrina de la calidad de la ley, que implica requisitos concretos que exige el Tribunal tales como la claridad, la previsibilidad, y la certeza en la redacción y aplicación de la norma. El autor, en la actualidad Juez del Tribunal Europeo de Derechos Humanos y anterior Magistrado del Tribunal Constitucional de Lituania, examina cómo el primero ha intensificado gradualmente (no siempre de forma igual de consistente) su confianza en el Estado de Derecho como principio general, inherente a todos los preceptos que forman el Convenio Europeo de Derechos Humanos, hasta el punto de que en algunas de sus resoluciones se concentra no tanto en la situación de hecho del demandante individual sino, sobre todo y ante todo, en el examen de esa calidad de la ley. La tendencia del Tribunal es a considerar que, si observa que la ley no goza de calidad suficiente, la mera existencia de la legislación discutida supone una interferencia injustificable dentro del derecho en cuestión y declara la violación del precepto correspondiente del Convenio. Esto implica el acercamiento progresivo del Tribunal Europeo de Derechos Humanos a los Tribunales Constitucionales, quienes tienen encargado el control en abstracto de la norma legal.


2016 ◽  
Vol 1 (19) ◽  
pp. 130-134
Author(s):  
Oleksandr N. Sagan

State-church relations in Ukraine are regulated by one of the best in Europe, the Law of Ukraine "On Freedom of Conscience and Religious Organizations". However, this law can not solve the problem of confrontation between the Moscow and Kiev Orthodox patriarchates in our country, as this confrontation has gone beyond the religious conflict and, in fact, is an external expression of ideological and civilizational choice (tolerance of values) of Orthodox believers.


2019 ◽  
Vol 1 (2) ◽  
pp. 474
Author(s):  
Elisabet . ◽  
Cut Memi

One of the authorities of the Constitutional Court governed by the Constitution of the Republic of Indonesia in 1945 was the examining of laws against the contitution or judicial review. Inside the regulations which governing the implementation of this authority, the Constitutional Court only acts as a negative legislator, namely canceling or reinforcing a norm tested by the Petitioner. But in practice, the Constitutional Court has changed its role to become a positive legislator, who is forming a new legal norm, which is the authority of legislators. The Constitutional Court should not be able to form a new legal norm because there is no legal basis which regulate that. But Constitutional Court can form a new legal norm in some urgent circumstances, relating to Human Rights, and preventing legal vacuum. In addition, the establishment of laws by lawmakers that require a long process and time. This is compelling Constitutional Court to make substitute norm before the law was established by the legislators. In the Decision of the Constitutional Court Number 46/PUU-XVI/2016, the Court actually wants to establish a new legal norm, but because the articles in the petitioned have criminal sanctions, and if the Constitutional Court approves the petition, the Constitutional Court has formulated a new criminal act that can only be formed by the lawmaker. Whereas in the Decision of the Constitutional Court Number 21/PUU-XII/2014, the Constitutional Court established a new norm because in the article a quo there were no criminal sanctions.


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