scholarly journals Hukuman Pelaku Penodaan Agama Menurut al-Sunnah Dalam Perspektif Hak Asasi Manusia

KALAM ◽  
2017 ◽  
Vol 11 (1) ◽  
pp. 135
Author(s):  
Muh. Tasrif
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Freedom Of Speech ◽  
Public Debate ◽  
Freedom Of Religion ◽  
Human Right ◽  
Reform Era ◽  
Presidential Decree ◽  
The Law ◽  
The Republic

This paper discusses human right and the law of In the Reform Era, the existence of the Republic of Indonesia Presidential Decree No. 1/1965 About Prevention against Blasphemy came into a public debate. Many observers and human rights activists saw that the law is not compatible with the principles of freedom of religion guaranteed by the Constitution of 1945 and human rights. On the contrary, many leaders of Islamic organizations saw that the Law is in accordance with respect for religious freedom. Based on this context, it is interesting to raise questions of how to understand blasphemy in Islam in the perspective of human rights and its implications upon the Law in Indonesia. To answer the questions, I attempt to explain the terms used in conceptualizing actions of blasphemy. The explanation is followed by looking at forms of action of the Prophet Muhammad against perpetrators of blasphemy and interpreting it with the perspective of human rights and its implications upon the law in Indonesia. In this article, it is argued that measures of ignorance, rejection, abuse, and insult against the religion of Islam did not cause the Prophet punish the actors. The Prophet punished the actors based on that the actions had prevented Muslims from practicing their religion.In the perspective of human rights, to express a particular interpretation of religion and to seek support for the interpretation become part of freedom of religion and belief and also part of freedom of speech. For this reason, to put forward an interpretation of any religion can not be punished.

Freedom of Religion and the Legal Status of Churches: A Case Study from the Serbian Constitutional Court

2020 ◽  
Vol 56 ◽  
pp. 487-507
Author(s):  
Tijana Surlan
Keyword(s):  
Human Rights ◽  
Canon Law ◽  
Legal Status ◽  
Freedom Of Religion ◽  
Constitutional Court ◽  
International Human Rights Law ◽  
Freedom Of Association ◽  
European Court ◽  
The Law ◽  
The Republic

This article offers a short study of the conjugation of freedom of religion, freedom of association and the legal status of religions and churches. Human rights are elaborated as defined in international human rights law, accentuated by the jurisprudence of the European Court of Human Rights. A compliance case that came before the Constitutional Court of the Republic of Serbia provides a national jurisprudential example useful for the analysis of relations between human rights and the legal status of a church. Analysis of the law is both horizontal and vertical: a description of norms is intertwined with a discussion of principles of identity and equality. The article explores whether the principles of human rights and freedoms and the norms regulating the legal status of a church are consistent with each other; whether these principles are independent and how their mutual relationship influences the application and interpretation of the law; and whether the norms prescribed by international law or in national jurisprudence can be applied independently of canon law, or whether application of the law has to take into account specific religious jurisdictions and relations between churches which are rooted in their autonomous canon law.

scholarly journals Menyoal Kebebasan Beragama dan Penodaan Agama Di Indonesia

2015 ◽  
Vol 3 (2) ◽  
pp. 195-212
Author(s):  
Yayan Sopyan
Keyword(s):  
Human Rights ◽  
Judicial Review ◽  
Religious Beliefs ◽  
Freedom Of Expression ◽  
Freedom Of Speech ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Reform Era ◽  
The Republic ◽  
The Right

Abstract: Questioning the Religious Freedom and blasphemy in Indonesia. The presence of the Constitutional Court in the reform era is the strengthening of the foundations of constitutionalism in the Constitution of the Republic of Indonesia Year 1945. The Court in this case a role to enforce and the protector of the citizen's constitutional rights and the protector of the human rights. Including in this case, the right to religion and religious practices and teachings of their respective religions, in accordance with the constitutional mandate. However, on the other hand there is the discourse of freedom of expression and freedom of speech includes freedom to broadcast religious beliefs and understanding of the "deviant" and against the "mainstream" religious beliefs and understanding in general, as in the case of Ahmadiyah. The Court in this case is required to provide the best attitude when faced judicial review in this case still required in addition to guarding the constitution in order to run properly.   Abstrak: Menyoal Kebebasan Beragama dan Penodaan Agama di Indonesia. Kehadiran lembaga Mahkamah Konstitusi di era reformasi merupakan upaya penguatan terhadap dasar-dasar konstitusionalisme pada Undang-Undang Dasar Negara Republik Indonesia Tahun 1945. MK dalam hal ini berperan menegakkan dan melindungi hak-hak konstitusional warga negara (the protector of the citizen’s constitutional rights) dan pelindung HAM (the protector of the human rights). Termasuk dalam hal ini, hak untuk memeluk agama dan menjalankan ibadah serta ajaran agamanya masing-masing, sesuai dengan amanat konstitusi. Namun, disisi lain ada wacana kebebasan berekspresi dan kebebasan berpendapat termasuk didalamnya kebebasan untuk menyiarkan keyakinan dan pemahaman keagamaan yang “menyimpang” dan bertentangan dengan “mainstream” keyakinan dan pemahaman keagamaan pada umumnya, seperti dalam kasus Ahmadiyah. MK dalam hal ini dituntut untuk mampu memberikan sikap terbaik saat dihadapkan judicial review dalam kasus ini selain tetap dituntut untuk mengawal konstitusi agar dapat berjalan sebagaimana mestinya. DOI: 10.15408/jch.v2i2.2314

scholarly journals Religious freedom as a universal value

2019 ◽  
pp. 18-22
Author(s):  
Natalia Kutuzova
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Religious Freedom ◽  
Systematic Approach ◽  
Personal Autonomy ◽  
Freedom Of Religion ◽  
Human Right ◽  
Freedom Of Thought ◽  
The Right

The article substantiates the universal value of religious freedom, based on the fundamental human right to freedom of religion and belief. Referring to the relevant international documents, the author reveals the content of the concept of "religious freedom" and concludes that there are two basic values at the heart of human rights: human dignity and equality. Only a systematic approach to freedom of religion in the human rights complex gives them universal value. There are two components to freedom of religion (belief): freedom of thought, conscience, and religion; the right to profess one's religion or belief. Religious freedom has both a universal and a private dimension. Being secular in nature, freedom of religion is especially evident in modern societies, which secularity and inclusivity empowers people to decide for themselves about their religiosity. The article deals with the restrictions that exist for religious freedom. Often the right to practice one's religion comes into conflict with different rights of other people. The protection of these rights must come from the principles of non-discrimination, neutrality and impartiality, respect for the right to religion, pluralism and tolerance, institutional and personal autonomy, lack of a hierarchy of human rights. The article argues that religious freedom is a universal value and right in the human rights complex.

scholarly journals ALIRAN SESAT DAN GERAKAN BARU KEAGAMAAN (Perspektif UU PNPS No. 1 Tahun 1965 dan Hak Asasi Manusia)

2014 ◽  
Vol 6 (2) ◽  
Author(s):  
Umi Sumbulah
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Kingdom Of God ◽  
Religious Movements ◽  
New Religious Movements ◽  
New Order ◽  
Reform Era ◽  
Old Order ◽  
The Law

One typology of new religious movements in Indonesia based on the essence of teachings was the group which was considered heretical by the competent authorities, namely the Kingdom of God which led by Lia Aminuddin and al -Qiyadah al-Islamiyah led by Ahmad Moshadeq. Under Act No. PNPS 1 In 1965, the two groups were assessed deviant and criminal breaking so that the perpetrator was sentenced to a maximum of 5 years in prison. Considering the provisions contained in the ICCPR which has been ratified by Indonesia, where the law is contrary to the values of human rights which have been adopted in the constitution and legislation that produced the Reform Era. Legislation which is a product of the Old Order law has been used by New Order for restrictions and co-optation to the development of religious freedom and belief in Indonesia.

scholarly journals APOSTASY: IS IT HUMAN RIGHTS OR/AND FREEDOM OF RELIGION?

2020 ◽  
Vol 8 (11) ◽  
pp. 208-215
Author(s):  
Adibah Sulaiman ◽  
◽  
Md Yazid Ahmad ◽  
Mohd Azmir Mohd Nizah ◽  
Ezad Azraai Jamsari ◽  
...  
Keyword(s):  
Human Rights ◽  
Content Analysis ◽  
Religious Freedom ◽  
Universal Declaration ◽  
Historical Research ◽  
Freedom Of Religion ◽  
Human Right ◽  
The West ◽  
Freedom Of Belief ◽  
The Right

This study investigates the issue of apostasy or riddahor as a human right to freedom of religion or belief, especially among the Muslims. The purpose is to examine the question of whether apostasy should be recognized by modern Muslim states and societies as a human right that must be guaranteed for their citizens. Or, should it strictly be denied, thus freedom of religion or belief should not be extended to apostasy for Muslims and Muslim converts? The method used to complete the study is historical research and content analysis. This study showed that the call for recognition of apostasy as a human right is indeed influenced by the West which extremely enjoys freedom of belief or religion. As for Islam, apostasy is indeed contradictory with its teachings. This article is meaningful as it highlights the Universal Islamic Declaration of Human Rights (UIDHR) which speaks on religious freedom with limitations. UIDHR invariably attempts to match the Universal Declaration of Human Rights (UDHR) that recognizes the right to believe in whatever men want or to change their religion as they wish, at any time.

scholarly journals Justification of the Citizens’ Right of Access to Public Passenger Transport Services by the Human Rights to Mobility and Equality Before the Law

2021 ◽  
Vol 19 (1) ◽  
pp. 149174
Author(s):  
Branko Korže ◽  
Ivana Tucak
Keyword(s):  
Human Rights ◽  
Social Ethics ◽  
Passenger Transport ◽  
Human Right ◽  
Transport Services ◽  
The Law ◽  
Principles Of Justice ◽  
The Republic ◽  
The Right ◽  
Right Of Access

As opposed to authors who strive to justify the right of access to public passenger transport services of citizens predominantly on the principles of justice deriving from social ethics, the authors of this article justify the right of such access on the human rights to mobility and equality before the law, as the rights based on international legal acts, whereas the principles of fairness are used to upgrade the human right to equality and prohibition of discrimination. Based on the rights to mobility and equality before the law, the authors justify an obligation of democratic states to introduce a law to provide for people an adequate access to public passenger transport services at the interurban and urban level. The theoretical findings established herein will serve as a basis to evaluate legal regulations in the selected states (the Republic of Slovenia and the Republic of Croatia), and create proposals to change the same.

Contemporary Thinking on Conversion and Persecution: A Survey of Recent Missiological Compendia

2017 ◽  
Vol 34 (3) ◽  
pp. 295-308
Author(s):  
Christof Sauer
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Freedom Of Religion ◽  
Special Rapporteur ◽  
Human Right ◽  
Christian Mission ◽  
Rights Of The Child ◽  
Freedom Of Belief ◽  
State Of Research ◽  
The Right

Abstract This essay surveys the state of research regarding the ample relations between conversion and persecution as reflected in two recent missiological collections of essays, namely Freedom of Belief and Christian Mission (2015), and Sorrow and Blood: Christian Mission in Contexts of Suffering, Persecution and Martyrdom (2012). The systematic categories emanate from examining conversion as a human right in the framework of freedom of religion or belief, with the guidance of the un Special Rapporteur on freedom of religion or belief. The essay covers missiological reflection on the right to convert; not to be forced to convert; and to try to convert others by means of non-coercive persuasion. It also discovers a lack of reflection on the rights of the child and of his or her parents in this regard. This is done against the background of the challenges to the enjoyment of these rights in various contexts and from multiple parties, often taking the form of harassment, discrimination or persecution. It becomes evident that a Christian theological and missiological perspective adds important further considerations to the human rights perspective on conversion and religious freedom or persecution.

scholarly journals The Ruling of the Constitutional Court of the Republic of Indonesiaconcerning Children Age Limit and its Rights

2018 ◽  
Vol 40 (2) ◽  
pp. 61
Author(s):  
Bagus Hermanto
Keyword(s):  
Child Protection ◽  
Constitutional Court ◽  
Human Right ◽  
Constitutional Review ◽  
Study Approach ◽  
Presidential Decree ◽  
Age Limit ◽  
The Law ◽  
The Republic

Indonesian laws determines different age limit for the children. The Law of Republic of Indonesia Number 1 Year 1974 concerning Marriage holds the age limit for the children until 16 years old for the women and 19 years old for the men. Meanwhile, on the Law of Republic of Indonesia Number 23 Year 2002 concerning Child Protection, the age limitation both for women and men is 18 years old. This Child Protection Act has adopted norm as stipulated in the Convention of the Rights of Children, as ratified through Presidential Decree Number 36 Year 1990. Some violations of the human right of children in Indonesia were more or less related to the unclear limitation of the age of children. A few years ago, this situation was brought into legal concern as a constitutional review was lodged before the Constitutional Court of Republic of Indonesia. This court has finally issued a Judgment Number 30-74/PUU-XII/2014 that addressing the issue in concern. Once should be noted that not all Justices had a similar opinion on the Judgment as one Justice expressed a different opinion. The main purpose of this paper is to analyze the legal consideration contained in this Judgment. In addition, it also intends to criticize the Justice’s Dissenting Opinion that was addressed against this Judgment. This paper is set as a Normative Legal Research that uses case study approach and statutory approach. Key Words      : Constitutional Court, Indonesia, Children Rights, Age Limit.

scholarly journals Examining the Restriction of Human Rights in Government Regulation in Lieu of Law

2020 ◽  
Vol 8 (2) ◽  
Author(s):  
Ahmad Mukri Aji ◽  
Siti Nurhalimah
Keyword(s):  
Human Rights ◽  
Government Regulation ◽  
Religious Values ◽  
Public Order ◽  
Human Right ◽  
Material Content ◽  
Form Of Government ◽  
The Law ◽  
The Republic

Abstract:The implementation of human rights (HAM) in Indonesia can be restricted while its implementation is violated others’ rights, or contradicted to moral considerations, religious values, security, and public order. This limitation is referring to article 28 J of the 1945 Constitution of the Republic of Indonesia (UUD 1945) which has been regulated under the law. Besides, can human rights restrictions also be stipulated through legal products in the form of Government Regulation in Lieu of Law or Perppu? This question is build upon the understanding that Perppu is equated with the law in the hierarchy of statutory regulations. Nevertheless, Perppu that formed in a precarious and a hurry situation must consist of material content restrictions on crucial matters including human rights restriction. The limitation contents of the Perppu should become concern since it must be applied with the extra caution and consideration. As a result, the Perppu which was compiled under abnormal conditions should not be justified in regulating human rights restriction.Key Word: Human Right, Restriction of Human Right, Perppu

Statism, Tolerance and Religious Freedom in Egypt

2016 ◽  
Vol 13 (1) ◽  
pp. 1-24 ◽  
Author(s):  
Barbara Ann Rieffer-Flanagan
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Policy Implications ◽  
Freedom Of Religion ◽  
Human Right ◽  
Egyptian Revolution ◽  
Important Policy ◽  
The Future ◽  
Or Practice ◽  
State Actors

AbstractWhile much optimism about the future was expressed at the time of the Egyptian revolution in January 2011, little progress has been made on human rights including the protection of the fundamental right of freedom of religion and belief. In fact some argued that the situation in Egypt is worse today. This paper examines why many individuals (Copts, Atheists, Shiites, etc…) are unable to freely express their beliefs or practice their religion in Egypt. Some have argued that the denial of freedom of religion and belief is due to statism. But analysis of freedom of religion and belief that focus only on statism capture one aspect of the denial of this human right in Egypt. They neglect the intolerance in society that allows non-state actors to contribute to the difficult environment of FoRB in Egypt. This essay attempts to explore both the role that statism plays concerning the denial of FoRB, as well as how social hostilities contribute to an intolerant climate. This has important policy implications for future progress on this issue. Without more attention to attitudes and dispositions, Egypt will only make limited progress in the future.

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