scholarly journals DEMOKRASI DI INDONESIA Antara Pembatasan dan Kebebasan Beragama

2010 ◽  
Vol 17 (1) ◽  
pp. 9
Author(s):  
Abu Hafsin
Keyword(s):  
Judicial Review ◽  
Religious Freedom ◽  
Religious Groups ◽  
Ambiguous Words ◽  
Clear Explanation ◽  
Religious Teaching

<p>Democracy has been understood differently. Law no.1/PNPS/1965 which<br />is previously recognized as protection of religious followers is recognized as<br />limitation that denied principle of democracy recently. The polemic of religious<br />freedom ended with proposal of judicial review on law no.1/PNPS/1965 proposed</p><p>by some group of societies. This proposal, finally, is rejected by prime<br />court. This rejection can be corrected since UUD 1945 follows an expressive<br />relativism on religious freedom. Because of the existence of ambiguous words<br />in such law, revision is really needed so that there will be a clear explanation<br />related to who has the authority to determine whether certain religious teaching<br />is wrong or not. It is important to solve the problematic matters faced by government and certain religious groups.</p><p><strong>Keywords</strong> : demokrasi, relativisme</p>

scholarly journals The Right to Discriminate

2011 ◽  
Vol 13 (2) ◽  
pp. 157-181 ◽  
Author(s):  
Russell Sandberg
Keyword(s):  
Sexual Orientation ◽  
21St Century ◽  
Judicial Review ◽  
Religious Freedom ◽  
Human Sexuality ◽  
Religious Groups ◽  
Broadcast Media ◽  
High Profile ◽  
The United Kingdom ◽  
The Right

The first decade of the 21st century has witnessed a number of controversies surrounding the interaction between law and religion in the United Kingdom. In particular, tensions have emerged between laws protecting religious freedom and those which prohibit discrimination on grounds of sexual orientation. In particular, Parliament has repeatedly examined the scope and ambit of exceptions afforded to religious groups which allow them to discriminate on grounds of sexual orientation when specific conditions are met. And these exceptions have reportedly led to tensions within both the Blair and Brown cabinets and rebukes from the Vatican and the European Commission, criticising the exceptions for being too narrow and too broad respectively. The exceptions have also been challenged by way of judicial review, have been applied or commented upon in a number of high-profile cases and have attracted comment in the print and broadcast media. A number of employees have brought claims asserting that new legal requirements promoting equality on grounds of sexual orientation are incompatible with their religious beliefs. This article seeks to explore the legal changes that have occurred in the first decade of the 21st century affecting religion and sexual orientation with particular reference to how courts and tribunals have dealt with clashes between the two. It discusses the extent to which English law allows religious groups and individuals to follow their own beliefs regarding human sexuality.

scholarly journals Special Solicitude: Religious Freedom at America’s Public Universities

Laws ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 30
Author(s):  
William E. Thro
Keyword(s):  
First Amendment ◽  
Religious Freedom ◽  
Public Universities ◽  
Religious Organizations ◽  
Equal Rights ◽  
Religious Groups ◽  
Religious Expression ◽  
University Campuses ◽  
The Supreme Court ◽  
The Government

Rejecting the Obama Administration’s argument that the First Amendment requires identical treatment for religious organizations and secular organizations, the Supreme Court held such a “result is hard to square with the text of the First Amendment itself, which gives special solicitude to the rights of religious organizations.” (Hosanna-Tabor, 565 U.S. at 189). This “special solicitude” guarantees religious freedom from the government in all aspects of society, but particularly on public university campuses. At a minimum, religious expression and religious organizations must have equal rights with secular expression and secular organizations. In some instances, religious expression and religious expression may have greater rights. The Court’s 2020 decisions in Espinoza v. Montana Department of Revenue, and Our Lady of Guadalupe School v. Morrissey-Berru, reinforce and expand the “special solicitude” of religion. Indeed, Espinoza and Our Lady have profound implications for student religious groups at America’s public campuses. This article examines religious freedom at America’s public universities. This article has three parts. First, it offers an overview of religious freedom prior to Espinoza and Our Lady. Second, it briefly discusses those two cases. Third, it explores the implications of those decisions on America’s public campuses.

Dissent and the State

2020 ◽  
pp. 313-333
Author(s):  
Jacqueline Rose
Keyword(s):  
Religious Freedom ◽  
The State ◽  
Religious Groups

The relationships between persecution, toleration, dissent, and the state were often paradoxical. The chapter outlines justifications for and forms of persecution and toleration, echoing recent emphasis on how the two were entwined. It argues that, while dissenting identities often emerged in the circumstances of state persecution, dissenters could be as keen on capturing as on rejecting the state, understood in three different ways. First, as an apparatus of enforcement, the state relied on individuals who negotiated demands for persecution or toleration at every level, creating a fragile patchwork of religious freedom and restraint. Second, demands made for persecution of other religious groups by those who felt monarchs were being too tolerant turned obedient subjects into active citizens. Third, dissenters flexibly sought prerogative, parliamentary, or Protectoral aid. While historians have often asked whether the state possessed the power to persecute, they should also consider whether it wielded the authority to tolerate.

The Politics and Effects of Religious Grievance

2019 ◽  
Author(s):  
David Muchlinski
Keyword(s):  
Political Violence ◽  
Religious Freedom ◽  
Group Identity ◽  
Religious Violence ◽  
Social Stability ◽  
Religious Groups ◽  
Positive Correlation ◽  
The World ◽  
Common Group ◽  
Religious Resources

Despite international guarantees to respect religious freedom, governments around the world often impose substantial restrictions on the abilities of some religious groups to openly practice their faith. These regulations on religious freedom are often justified to promote social stability. However, research has demonstrated a positive correlation between restrictions on religious freedom and religious violence. This violence is often thought to be a result of grievances arising from the denial of a religious group’s right to openly practice its faith. These grievances encourage violence by (a) encouraging a sense of common group identity, (b) encouraging feelings of hostility toward groups imposing those regulations, and (c) facilitating the mobilization of religious resources for political violence.

scholarly journals Religious interfaith work in Canada and South Africa with particular focus on the drafting of a South African Charter of Religious Rights and Freedoms

2013 ◽  
Vol 69 (1) ◽  
Author(s):  
Iain T. Benson
Keyword(s):  
South Africa ◽  
South African ◽  
Religious Freedom ◽  
Religious Communities ◽  
Freedom Of Religion ◽  
Religious Groups ◽  
African Charter ◽  
The Creation ◽  
South African Constitution ◽  
Constitutional Protections

Constitutional protections for religious freedom (and related freedoms of conscience, belief and association and equality), once interpreted by courts and tribunals, apply in a precedential manner to future cases. They have an influence well beyond the particular community to which they first applied. For this reason, religious communities have increasingly banded together and sought to intervene or even, on occasion, to initiate legal actions asserting or defending their rights. This article reviews some of the principles around the freedom of religion as understood in South Africa and Canada to show how courts have understood the freedom of religion in its social context. In addition, interfaith cooperation is discussed with particular reference to the recent process which led to the formation of a Charter of Religious Rights and Freedoms pursuant to Section 234 of the South African Constitution (which is attached to the article). This section, a unique provision in any constitution, allows for the creation of additional Charters to give greater specificity to the general language of the Constitution itself. As such, it is an encouragement to civil society to determine what it thinks are the important provisions that should be spelled out to give guidance to politicians and the judiciary. Awide variety of religious groups participated in the creation of the Charter. The Charter does not claim to be, nor could it be, exhaustive of such concerns but demonstrates that religions can cooperate across a host of issues in education, health care, employment and other issues. The next stage – passage into law, is still in the future but the first important hurdle has been crossed with the signing of the Charter in October of 2010. The Charter might be a template for other countries though changes would be necessary to deal with local issues.

scholarly journals Gods and Services: Religious Groups and Sexual Orientation Discrimination

2008 ◽  
Vol 10 (2) ◽  
pp. 205-209
Author(s):  
Russell Sandberg
Keyword(s):  
Sexual Orientation ◽  
Northern Ireland ◽  
Judicial Review ◽  
Case Law ◽  
Orientation Discrimination ◽  
Religious Groups ◽  
Goods And Services ◽  
Sexual Orientation Discrimination ◽  
The Subject ◽  
Religious Exemption

Exemptions for religious groups from generally applicable laws are by no means unusual, especially in the field of discrimination law. However, exemptions from laws prohibiting discrimination on grounds of sexual orientation have proved particularly controversial. The legality of exemptions in regulations prohibiting discrimination on grounds of sexual orientation in the employment sphere has been the subject of judicial review and the scope of those exemptions has also been judicially examined. The extension to prohibit discrimination on grounds of sexual orientation in the provision of goods and services has proved controversial, and case law on the extent of the religious exemption included in the British regulations is awaited. In the meantime, a recent judicial review of the corresponding Northern Ireland regulations, which were enacted prior to the British regulations, may be illuminating.

scholarly journals Al-Qur’an dan Relasi Antar Umat Beragama; Diskursus Tentang Pendidikan Pluralisme Agama di Indonesia

2018 ◽  
Vol 5 (3) ◽  
pp. 241-254
Author(s):  
Kamarusdiana Kamarusdiana
Keyword(s):  
Social Context ◽  
Religious Pluralism ◽  
Religious Groups ◽  
Social Fact ◽  
Clear Explanation ◽  
The Stability ◽  
The Right ◽  
Islamic Values ◽  
Education Process

Abstract:The issue of diversity in religion is a social fact that has continued to experience conflict shocks lately. Not without reason, the conflict occurred on the grounds of sentiment towards other religions. This has an impact on the disruption of the stability of relations between religious groups. The discourse of religious pluralism is an alternative in overcoming this problem. Grounding religious pluralism is the right effort by not injuring religious values. Islam actually provides a clear explanation in the Koran about building a tolerant relationship in religion. This article will explain and provide an explanation of Islamic values in the Qur'an as an effort to develop religious pluralism that needs to be represented in a plural social context. It is hoped that with this, the harmony between religious people will be realized. Besides that, as a concrete follow-up, an education process is needed about the importance of tolerance in religion.Keywords: Qur'an, Tolerance, Religious Pluralism, Harmony AbstrakIsu keberagaman dalam beragama menjadi fakta sosial yang terus mengalami guncangan konflik belakangan ini. Bukan tanpa alasan, konflik tersebut terjadidengan alasan sentimen terhadap agama lain. Hal ini berdampak pada terganggunya stabilitas hubungan antar umat beragama. Wacana pluralisme agama menjadi alternatif dalam mengatasi masalah tersebut. Membumikan pluralisme agama merupakan upaya yang tepat dengan tidak menciderai nilai-nilai agama. Islam sejatinya hadir memberikan penjelasan yang gamblang didalam Alquran tentang membangun hubungan yang toleran dalam beragama. Tulisan ini akan memaparkan sekaligus memberikan penjelasan nilai-nilai keislaman yang ada dalam Alquran sebagai upaya mengembangkan pluralisme agama yang perlu direpresentasikan dalam konteks sosial yang plural. Diharapkan dengannya, akan terwujud kerukunan antar umat beragama.Selain itu, sebagai tindak lanjut yang konkrit dibutuhkan proses edukasi tentang pentingnya toleransi dalam beragama.  Kata Kunci: Alquran, Toleransi, Pluralisme Agama, Kerukunan

scholarly journals THE SCOPE OF RELIGIOUS GROUP AUTONOMY: VARIETIES OF JUDICIAL EXAMINATION OF CHURCH EMPLOYMENT DECISIONS

Legal Theory ◽  
2019 ◽  
Vol 25 (4) ◽  
pp. 244-271
Author(s):  
Paul Billingham
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Religious Group ◽  
Religious Organizations ◽  
Religious Groups ◽  
Employment Decisions ◽  
European Court ◽  
Great Harm

ABSTRACTThe idea of “church autonomy” has risen to prominence in law and religion discourse in recent years. Defenders argue that church autonomy is essential to protecting religious freedom, while critics argue that it permits great harm. This heated dispute often obscures the fact that religious group autonomy is not all-or-nothing. Religious organizations can enjoy some autonomy without being free from all legal oversight. This article thus seeks to make progress in the debate by providing a taxonomy of kinds of judicial examination of religious organizations’ decisions—focusing on employment decisions—and normatively assessing each kind. I argue that religious groups should enjoy protection from certain kinds of examination, but other kinds are justifiable, and even required. My argument supports an approach similar to that seen in some recent European Court of Human Rights decisions, rather than the less discriminating approach of U.S. courts.

RELIGIOUS FREEDOM IN INDONESIA AND MALAYSIA IN THE CONSTITUTIONAL COMPARATIVE PERSPECTIVE: THE CASES OF JUDICIAL REVIEW IN BLASPHEMOUS OFFENCES

1970 ◽  
Vol 6 (1) ◽  
pp. 55-70
Author(s):  
Bani Syarif Maula
Keyword(s):  
Judicial Review ◽  
Religious Freedom ◽  
Comparative Perspective

Makalah ini membahas jaminan kebebasan beragama dalam konstitusi dua negara, yaitu Indonesia dan Malaysia, dan apakah judicial review bisa menjadi mekanisme terbaik untuk melindungi hak konstitusional warganegara dari kedua negara tersebut. Makalah ini berkesimpulan bahwa Indonesia dan Malaysia memiliki karakteristik konstitusi yang berbeda dalam hal ketentuan-ketentuan perlindungan kebebasan beragama. Namun demikian, judicial review di kedua negara tersebut bisa menjadi perlindungan bagi hak-hak agama minoritas, meskipun dalam prakteknya tidak selalu demikian, seperti dalam kasus judicial review undang-undang anti penodaan agama di Indonesia. Memang idealnya, judicial review merupakan cara yang paling efektif dalam menguji undang-undang yang merugikan kaum minoritas, dan juga judicial review seharusnya diletakkan sebagai faktor penting untuk melindungi hak asasi manusia.

Let Us Secure What We Can

2019 ◽  
pp. 178-200
Author(s):  
Jeff Broadwater
Keyword(s):  
Judicial Review ◽  
Religious Freedom ◽  
Civil Liberties ◽  
Bill Of Rights

This chapter focuses primarily on Madison’s role in the adoption of the Bill of Rights. Madison had initially opposed a bill of rights as unnecessary, unenforceable, and likely to disrupt the ratification process. He also argued that some rights would inevitably be omitted, thus creating a presumption that they were not protected. Jefferson strongly disagreed, telling Madison they ought to “secure what we can,” and providing him with a mechanism to enforce a bill of rights: judicial review. Jefferson seemed confident that the courts would refuse to enforce laws that clearly infringed on rights protected by the Constitution. Under pressure from Jefferson and from Virginia’s Baptists, who wanted a guarantee of religious freedom, Madison agreed, in a spirited congressional race against Anti-Federalist James Monroe, to support the adoption of a bill of rights if elected. Madison won the race and, ironically, almost single-handedly pushed a set of amendments, which became the Bill of Rights, through Congress. Madison emerged as an outspoken champion of additional safeguards for civil liberties after the Constitution was ratified in large part because he believed a bill of rights could be used to reconcile moderate Anti-Federalists to the new government.

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