Kontruksi Filosofis Perlindungan Hak Asasi Manusia Minoritas Keagamaan dalam Konstitusi Indonesia

Abstract: This article focuses on presenting problem of religious minority right in Indonesia. Based on its constitution, Indonesia has equal protection for all citizens. There are some basic religion right clearly protected and presented in constitutional and criminal law. Unfortunately, violation of minority rights still continues in Indonesian life. According to research data, there are a big gap perception between government and the people. Government choose to float the norms of religious minority right protection in abstract level and most of religious minority group asked more detail and concrete norm.Keywords: Religious minority protection, human rights, religious minority.

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On Aims, Means, and Unintended Consequences: The Case of Molla Sali

Religions ◽

10.3390/rel12100859 ◽

2021 ◽

Vol 12 (10) ◽

pp. 859

Author(s):

Effie Fokas

Keyword(s):

Human Rights ◽

Minority Rights ◽

Unintended Consequences ◽

Religious Communities ◽

Religious Minority ◽

Minority Protection ◽

Minority Community ◽

National Minorities ◽

European Court ◽

Muslim Minority

This contribution speaks to this Special Issue’s guiding question of how the approach to freedom of religion and minority protection can be combined to foster the protection of religious communities and their members by examining a particular European Court of Human Rights (ECtHR) case that provokes a contrasting question: ‘What happens when provisions for religious minority protection lead to the violation rather than protection of members’ rights?’ That case is Molla Sali v. Greece (2018), in which the ECtHR addressed the claim of a member of a Muslim minority community whose membership in that community subjected her—involuntarily—to the authority of sharia law over inheritance matters. The case serves as a foundation from which to explore the ECtHR’s engagements with the Framework Convention for the Protection of National Minorities, an exploration which helps bring to the fore the problems around the concept of ‘voluntary’ opting into identification with a minority identity when the latter entails some form of disadvantage. Women, in particular, due to family and peer pressures, are vulnerable to such disadvantage in contexts such as that from which the case of Molla Sali arises. Thus, the case invites discussion of various ways in which individual and group rights may come into conflict and considers minority rights specifically in relation to other human rights.

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PERSEFEKTIF IN HUMAN TRAFFICKING CRIME LAW NUMBER 39 OF 1999 ON HUMAN RIGHTS CASE AGAINST CHILD TRAFFICKING IN MEDAN

Ganesha Civic Education Journal ◽

10.23887/gancej.v2i1.95 ◽

2020 ◽

Vol 2 (1) ◽

pp. 46-51

Author(s):

Ida Monika Putu Ayu Dewi

Keyword(s):

Human Rights ◽

Human Trafficking ◽

Criminal Law ◽

Sexual Exploitation ◽

Trafficking In Persons ◽

The People ◽

Public Company ◽

Legal Sanctions ◽

Women And Children ◽

Human Rights Violation

Laws are the norms that govern all human actions that can be done and should not be carried out both written and unwritten and have sanctions, so that the entry into force of these rules can be forced or coercive and binding for all the people of Indonesia. The most obvious form of manifestation of legal sanctions appear in criminal law. In criminal law there are various forms of crimes and violations, one of the crimes listed in the criminal law, namely the crime of Human Trafficking is often perpetrated against women and children. Human Trafficking is any act of trafficking offenders that contains one or more acts, the recruitment, transportation between regions and countries, alienation, departure, reception. With the threat of the use of verbal and physical abuse, abduction, fraud, deception, abuse of a position of vulnerability, example when a person has no other choice, isolated, drug dependence, forest traps, and others, giving or receiving of payments or benefits women and children used for the purpose of prostitution and sexual exploitation. These crimes often involving women and children into slavery. Trafficking in persons is a modern form of human slavery and is one of the worst forms of violation of human dignity (Public Company Act No. 21 of 2007, on the Eradication of Trafficking in Persons). Crime human trafficking crime has been agreed by the international community as a form of human rights violation.

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21. Indigenous peoples’ and minority rights

International Human Rights Law ◽

10.1093/he/9780198805212.003.0021 ◽

2017 ◽

Author(s):

Rhona K. M. Smith

Keyword(s):

Human Rights ◽

Indigenous Peoples ◽

Minority Rights ◽

International Human Rights Law ◽

Political Rights ◽

Minority Status ◽

Human Rights Law ◽

International Human Rights ◽

Minority Protection ◽

International Human

This chapter examines the scope and application of indigenous peoples’ rights and minority rights in international human rights law. It discusses the recognition of the need for minority protection in the drafting of the International Bill of Human Rights; analyses the provisions of Art 27 of the International Covenant on Civil and Political Rights; and describes tests employed to determine minority status. The chapter also considers developments in the protection of minority rights in Europe. The rights of indigenous peoples are also examined.

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Minority Protection in International Law: From Standard-Setting to Implementation

Nordic Journal of International Law ◽

10.1163/15718109920295939 ◽

1999 ◽

Vol 68 (2) ◽

pp. 131-160

Author(s):

Keyword(s):

Human Rights ◽

International Law ◽

Minority Rights ◽

Broad Perspective ◽

Minority Protection ◽

Monitoring Process ◽

International Monitoring ◽

State Compliance ◽

Potential Impact ◽

Minority Regime

AbstractIn recent years, minority issues regularly feature on the international agenda, due to growing concerns for human rights and stability. Minority rights instruments are being multiplied accordingly. While this is no doubt a welcome development, the fact that the effectiveness of any (present and future) minority regime remains to be tested through an adequate implementation machinery should not be overlooked. The aim of this paper is to examine the international monitoring mechanisms which are relevant to minority protection, with a view to discussing the prospects for improving State compliance. An overview of such mechanisms and a focus on some basic, contemporary elements of the resulting monitoring process, afford the basis for a set of forward-looking reflections on the problem of the implementation of minority rights standards. An attempt has been made at analysing the relevant patterns of scrutiny within a broad perspective, namely in relation to their real and/or potential impact on minority protection as embraced by international law.

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Book Review: Author: Al Khanif; Title: Religious Minorities, Islam, and The Law: International Human Rights and Islamic Law in Indonesia; Publisher: Routledge, 2021

Journal of Southeast Asian Human Rights ◽

10.19184/jseahr.v5i1.24717 ◽

2021 ◽

Vol 5 (1) ◽

pp. 94

Author(s):

Abubakar Eby Hara

Keyword(s):

Human Rights ◽

Islamic Law ◽

Minority Rights ◽

Review Author ◽

International Human Rights ◽

Religious Minority ◽

Religious Minorities ◽

International Human ◽

Minority View ◽

Secular State

This book examines religious minority rights in Islam in Indonesia from the international and local human rights perspectives. Its main contribution lies in the effort to find Indonesia's uniqueness in managing minority rights in religion. This study leads the author to a rich discussion of how international human rights through its activists spread the need for freedom of every citizen and how advocates of religious orthodoxy respond to it. In contrast to analysts who use the dichotomous view of the acceptance or rejection of international human rights values, the author sees complexity in the process of spreading these values. It can be said that there is a process of modifying the values of secularism in human rights and localization to make these values an integral part of society. In this line of view, the author calls the Indonesian state a quasi-theistic secular state which means that Indonesia is a secular country but friendly and tries to guarantee freedom of religion and worship. In the case of minority rights in Islam, the state prioritizes harmony in society and supports the orthodox views of the majority. The minority view must be assimilated with the orthodox teachings of Islam to get a place to live. The quasi-theistic secular state continues to experience contestation and has undergone a long construction process based on the narration of the peaceful entry of Islam and the relatively moderate character of Indonesian Islam. At a certain level, this state concept has developed to be an identity and norms that become a reference for how to treat religious minorities. The author thus succeeded in showing that Indonesia is an example of a country that can develop its own identity and norms of religious life that are different from that of the Western secular state system.

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MENGKAJI POLITIK HUKUM KEBEBASAN BERAGAMA DAN BERKEYAKINAN DI INDONESIA

Jurnal Dinamika Hukum ◽

10.20884/1.jdh.2012.12.2.59 ◽

2012 ◽

Vol 12 (2) ◽

Cited By ~ 1

Author(s):

Muktiono Muktiono

Keyword(s):

Human Rights ◽

Minority Group ◽

Freedom Of Religion ◽

Constitutional Court ◽

International Human Rights ◽

Religious Minority ◽

National Legal System ◽

International Human ◽

Constitutional Right ◽

Human Rights Norms

Indonesia has entered the era of human rights characterized by increasingly massive domestication of the international human rights norms in national legal system. In such a situation, in fact, the rights to freedom of religion and of belief for minorities have not received their benefits and instead they become victims. This Article seeks to investigate how it can happen by using the legal politics analysis as perspective. Legal politics here will focus on how the governments of several regimes in Indonesia have used their legislation and policy to regulate matters relating to the rights to freedom of religion and belief. In addition, it will also see how the Constitutional Court contributed to this issue by influencing the legal politics as this Court is the sole authority in interpreting the constitutional right to the freedom of religion and belief thereby affecting its normation and implementation. Key words: Religious minority group, human rights, legal politics of Indonesia

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PIDANA MATI DAN HAK ASASI MANUSIA

to-ra ◽

10.33541/tora.v1i1.1095 ◽

2015 ◽

Vol 1 (1) ◽

pp. 57

Author(s):

Nikson Gans Lalu

Keyword(s):

Human Rights ◽

Death Penalty ◽

Criminal Law ◽

Life Time ◽

Draft Code ◽

Positive Law ◽

The People ◽

Pros And Cons ◽

Individual Protection ◽

The Individual

Death penalty is regulated in positive law of Indonesia, both governed in Civil Code and outside Code of Criminal Law, such in the Terrorism Law, Narcotics Law, and Corruption Crime Act Eradication Law. This indicates that death penalty is viewed as relevant in line with the crime dynamics growing in the community. Debates regarding death penalty among the pros and cons still take place in Indonesia so it raises a question among the people, how the existence of death penalty is seen of the viewpoints of Pancasila and Human Rights? Indeed, Pancasila contains balance value between one principle to another. If the Pancasila is seen partialy, then the answer arises on the question is the death penalty is contradictory to the Pancasila and Human Rights, however some answer also indicate it is not contracdictory to the Pancasila and Human Rights. National Draft Code of Criminal Law consistently retains the death penalty. However, in it‟s formulation policy remains considering the individual protection, namely enactment on provisions regarding “the suspension of death penalty execution” or “conditional death penalty, “if in the probation period (10 years) the convicted criminal does not show a good conduct, then the death penalty may be changed to life time imprisonment or 20 years imprisonment. The basic idea of maintaining the death penalty is to avoid people‟s demand/reaction which is revenge in nature or “extralegal execution” in nature. Kata Kunci: Pidana mati

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Recognizing Religious Minority Rights

European Yearbook of Minority Issues Online ◽

10.1163/22116117_01801002 ◽

2021 ◽

Vol 18 (1) ◽

Author(s):

Eugenia Relaño Pastor

Keyword(s):

Human Rights ◽

Religious Diversity ◽

Minority Rights ◽

Religious Communities ◽

European Convention ◽

Religious Minority ◽

Religious Minorities ◽

Group Rights ◽

National Minorities ◽

European Court

The European Convention on Human Rights (ECHR) does not contain any provision on minorities, and neither has the European Court of Human Rights (ECtHR) considered the notion of minority rights when dealing with claims involving religious minorities. This contribution aims to show how the Court addresses the rights of religious minorities through the concepts of ‘religious diversity’ and ‘pluralism’. In order to overcome the historical tension between individual rights versus group rights, the author offers a theoretical typology on religious minority rights that combines rights- holders with individual and group interests and takes into consideration UN human rights texts on minorities and the freedom of religion, as well as the ECHR and the Framework Convention for the Protection of National Minorities. By applying the three categories of the above- mentioned typology— individual differentiated rights to members of minorities, group- differentiated rights, and special interest group rights— to the Court’s jurisprudence on members of religious minorities and religious communities, the author concludes that while the ECtHR has systematically reiterated its commitment to pluralism, it has partly failed to grant protection to religious diversity, particularly, when ‘uncomfortable’ religious diversities are the stake.

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