KERUKUNAN UMAT BERAGAMA VS KEBEBASAN BERAGAMA DI INDONESIA

2017 ◽  
Vol 21 (2) ◽  
Author(s):  
Delmus Puneri Salim
Keyword(s):  
Major Part ◽  
Religious Freedom ◽  
Religious Community ◽  
Freedom Of Religion ◽  
Religious People ◽  
Interreligious Relations ◽  
The Government ◽  
The Right

Abstract. Relations between religions have been formulated in terms of religion in Indonesia. Often interreligious relations are formulated in 'religious harmony' and often the understanding of the term is influenced by the concept of 'religious freedom'. Indonesia launched Tri Harmony in preventing people from getting caught up in unnecessary conflicts, namely Inter-Religious Harmony, Religious Harmony and Harmony between Religious People and the Government. A political formula that is practically expected to be able to manage religious people. Although this formulation is not a theological formula, this formula is intended not to be involved in conflict with one another, or so that in the religious community there is no attempt to tackle each other. However, the term religious freedom is often understood as a major part of religious harmony. Freedom of religion emphasizes the right of every citizen individually to be able to believe and practice the teachings and beliefs of a trusted religion. Both of these terms affect relations between religions in Indonesia. Keywords: Harmony, Freedom, Religion, Indonesia,. Abstrak. Relasi antar agama telah dirumuskan dalam istilah yang beragama di Indonesia. Seringkali relasi antar agama dirumuskan dalam bahasa ‘kerukunan agama’ dan sering juga pemahaman istilah tersebut dipengaruhi oleh keonsep ‘kebebasan beragama’. Indonesia mencanangkan Tri Kerukunan untuk mencegah agar orang tidak terjebak dalam konflik-konflik yang tidak perlu, yaitu Kerukunan Antar-Umat Beragama, Kerukunan Intern-Umat Beragama dan Kerukunan Antara Umat Beragama dengan Pemerintah. Suatu rumusan politik yang secara praktis diharapkan dapat mengelola umat beragama. Meskipun rumusan ini bukanlah suatu rumusan teologi, tetapi rumusan ini dimaksudkan agar tidak terlibat konflik satu sama lain, ataupun agar di dalam diri umat beragama tidak ada upaya saling menjegal. Namun demikian, istilah kebebasan beragama sering dipahami sebagai bagian utama dari kerukunan umat beragama. Kebebasan beragama menekankan hak setiap warga secara individu untuk bisa meyakini dan mengamalkan ajaran dan keyakinan agama yang dipercaya. Kedua istilah ini mempengaruhi relasi antar agama di Indonesia. Keywords: Kerukunan, Kebebasan, Beragama, Indonesia.

Responses to Offensive Speech

2021 ◽  
pp. 55-78
Author(s):  
Nicholas Hatzis
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Fundamental Rights ◽  
European Convention ◽  
Freedom Of Religion ◽  
European Court ◽  
The Government ◽  
The Right ◽  
Offensive Speech

This chapter discusses whether there is a non-religious justification for limiting religiously offensive speech. The most commonly used argument is that the right to freedom of religion includes a more specific right to be protected from offence to one’s religious sensibilities. If this is correct, it provides a non-religious reason for censorship: even those who are hostile to religion can accept that religious freedom is an important right and that the government is justified in giving effect to rights. The European Court of Human Rights has repeatedly upheld restrictions on expression which insults religious feelings, reasoning that religious freedom, as guaranteed by the European Convention on Human Rights, protects the religious sensibilities of believers from offence. I suggest that this interpretation is mistaken. After exploring how rights give rise to claims, I argue that there is no right-based claim to be protected from the unpleasant feelings caused by religious insults. Therefore, it is unpersuasive to describe cases of religious offence as involving the conflict of two fundamental rights—speech and religion—which require a balancing exercise to decide which one will prevail each time.

The Umma in Italy: Eurocentric Pluralism, Local Legislation, Courts’ Decisions. How to Make the Right to Worship Real

2019 ◽  
Vol 9 (1) ◽  
pp. 3-20
Author(s):  
Giancarlo Anello
Keyword(s):  
Religious Freedom ◽  
Basic Assumption ◽  
Northern Italy ◽  
Freedom Of Religion ◽  
Constitutional Court ◽  
Veneto Region ◽  
Lombardy Region ◽  
Muslims In Europe ◽  
The Right ◽  
Muslim Minorities

Abstract The article describes the making of the right of worship of Muslim minorities in Europe and its current difficulties, presenting and commenting on the emblematic example of local legislation concerning the building of new mosques in northern Italy. Controlling norms arise from recent decisions of the Italian Constitutional Court. The Court declared unconstitutional certain provisions of two regional laws approved by the Lombardy region (2/2015) and the Veneto region (12/2016), which imposed very strict conditions for the opening, approval and use of mosques. In particular, the Court declared unconstitutional norms that—with regard to the building of places of worship—introduced certain conditions for groups with an agreement with the State and different conditions for those without. Moreover, the Court declared unconstitutional the principle that all religious services that take place in a building open to public should be conducted in Italian. The basic assumption of the article is that current discrimination is the combined result of anti-migration sentiment and Islamophobic prejudices, and the consequence of the Eurocentric nature of the principle of religious freedom. A historically-oriented pluralism and multilevel (national) enforcement of freedom of religion seem to be huge obstacles to the implementation of the right to worship for Muslims in Europe and Italy.

scholarly journals Framework of communication needed to protect against human rights violations of individuals who exercise their right to religious freedom in minority religions

2012 ◽  
Vol 33 (1) ◽  
Author(s):  
Stephanus P. Pretorius
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Freedom Of Religion ◽  
World Peace ◽  
Special Rapporteur ◽  
International Level ◽  
Minority Religions ◽  
Religious Intolerance ◽  
The Right ◽  
The Relationship

The right to religious freedom is generally believed to be the solution to religious intolerance and discrimination and to ensure world peace amongst world citizens. On an international level, the United Nations, through the appointment of a special rapporteur for freedom of religion and belief, has introduced a tool to monitor violations of this right. This tool is known as �the framework of communications� and is focused mainly on the relationship between governments and religions. Unfortunately, religion is not excluded from the violation of human rights within its own ranks. This article pointed out that however pure the intention of freedom of religion, no real measures are in place to address violations of human rights in minority religions. Therefore, a tool is needed to investigate and address alleged violations within minority religions.

scholarly journals Barns rett til religionsfrihet

Prismet ◽  
1970 ◽  
pp. 273-287
Author(s):  
Rune Øystese
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Freedom Of Religion ◽  
Best Interest ◽  
Children And Parents ◽  
The Right

This article discusses whether there is a tension between granting children freedom of religion and giving the parents the right to decide over the upbringing of their children. It presents what Norwegian law, which has incorporated several UN Human Rights conventions, has to say about this. It also discusses whether the interpretation presented can be in the best interest of the child. The last part addresses how parents can give their children a sound religious upbringing and still give them the freedom to choose their own faith.Keywords: Rights of children and parents, Religious freedom, Religious upbringingNøkkelord: Barn og foreldres rettigheter, religiøs frihet, religiøs oppdragelse,

scholarly journals Freedom of Religion and Freedom from Religion

2016 ◽  
Vol 19 (01) ◽  
pp. 3-13 ◽  
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Well Being ◽  
European Convention ◽  
Freedom Of Religion ◽  
Religious Expression ◽  
European Court ◽  
Religious Extremism ◽  
Domestic Courts ◽  
The Right

The right to freedom of religion, enshrined in the European Convention on Human Rights has been frequently tested, both in UK courts and in the European Court of Human Rights, where successive decisions over a number of years led to the establishment of several well-known principles. However, in recent years religious extremism has brought into focus a tension between the right of freedom of religious expression and the well-being of individuals (not least children) and society. The Strasbourg court requires neutrality on the part of the state and its courts. However, unlike the European Court of Human Rights, the domestic courts have had to face situations where religious observance can be seen to be causing serious harm and where interference in religious freedom and family life has been shown to be justified.

The Place of the Niqab in the Courtroom

ICL Journal ◽  
2015 ◽  
Vol 9 (1) ◽  
Author(s):  
Vrinda Narain
Keyword(s):  
Supreme Court ◽  
Religious Freedom ◽  
Minority Rights ◽  
Fair Trial ◽  
Freedom Of Religion ◽  
Reasonable Accommodation ◽  
Critical Multiculturalism ◽  
The Supreme Court ◽  
The Right ◽  
Religious Reasons

AbstractThis paper analyzes the Supreme Court of Canada’s decision in R v NS, 2012 SCC 72 where the Court considered if a witness who wears a niqab for religious reasons can be required to remove it while testifying. The Court identified the two Charter rights engaged: the witness’ freedom of religion and the accused’s fair trial rights, including the right to make full answer and defense. This paper focuses on those aspects of the Supreme Court’s decision that relate to religious freedom, multiculturalism and reasonable accommodation. Analyzing the Court’s reasoning through the lens of critical multiculturalism, I consider the potential of the reasonable accommodation framework to forward minority rights. I suggest that had the Supreme Court applied an intersectional framework to adjudicating NS’s claim, it could have crafted a more contextual response based on her location along multiple axes of discrimination: gender, religion and racialised minority. This paper aims to contribute to a better understanding of mediating individual and group tensions, to move towards a more inclusive notion of citizenship than can foster a commitment to a shared multicultural future.

The Place of Religious Freedom in the Structure of Peacebuilding

2015 ◽  
pp. 280-306 ◽  
Author(s):  
W. Cole Durham ◽  
Elizabeth A. Clark
Keyword(s):  
Religious Freedom ◽  
Religious Pluralism ◽  
Religious Diversity ◽  
Religious Liberty ◽  
Freedom Of Religion ◽  
The Right

This chapter analyzes the role that the fundamental right to freedom of religion or belief plays in ending or averting religious warfare, and in providing necessary footings for crystallizing peace out of conflict. After stressing that there is a tendency to lay exaggerated blame for many conflicts on religion, the chapter explores the Lockean insight that under certain circumstances, religious pluralism can serve as a stabilizing factor in society if states protect the right to religious diversity instead of imposing homogeneity. International limitation clauses on the scope of religious liberty play an important filtering role in promoting the positive contributions religion makes to society, while constraining negative religious effects. The analysis argues that secularity, understood as a framework welcoming religious pluralism, rather than secularism, as an ideology advocating secularization as an end in itself, is most conducive to the peacebuilding potential of religious freedom.

Who Is Afraid of Religious Freedom? The Right to Freedom of Religion and Belief and Its Critics

2016 ◽  
Vol 11 (3) ◽  
pp. 224-249 ◽  
Author(s):  
Silvio Ferrari
Keyword(s):  
Religious Freedom ◽  
The Other ◽  
Freedom Of Religion ◽  
Specific Context ◽  
The One ◽  
The Right

This article answers the claim that it is impossible to implement the right to religious freedom in a coherent, non-discriminatory way. It relies on the notions of “embedded evenhandedness” and “particular universalities” to build a two-pronged approach to freedom of religion. On the one hand, this approach accepts that history and culture provide the particular framework within which the right of freedom of religion is embedded. On the other, it recognizes that the claim of evenhandedness that is inbuilt in this right can overcome the limitations of a specific context and open it to new ways to understand and implement the right itself. This tension between the universal dimension of the right to freedom of religion and its particular implementations allows affirming the possibility of religious freedoms, whose different manifestations are better protected by collecting them under the umbrella of the same legal category than by apportioning them between different rights.

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 PEMERINTAH DAN HAK BERAGAMA DI INDONESIA (Peran pemerintah dalam memelihara hak beragama di Indonesia)

2018 ◽  
Author(s):  
Irfan Setia Permana
Keyword(s):  
Capacity Building ◽  
Religious Freedom ◽  
Descriptive Analysis ◽  
State Policies ◽  
The State ◽  
Modern World ◽  
Political Struggle ◽  
The People ◽  
The Government ◽  
The Right

The government in this case is the legislative and executive institutions are managers in the order of a State. The condusiveness of a State depends on the government's role in treating every citizen fairly. One of the concerns of the State is of course Religion. There are six Religions recognized as official Religion in Indonesia. Therefore, the adherents of a religion in Indonesia should be treated proportionally and fairly by the Government so that it can perform its religious duties.In this discussion the method used is descriptive analysis approach. The steps taken in the discussion of this theme are: determine the focus of research, determine the type and source of data then process and analyze it.The result of the discussion of this topic shows that the Law of the State of Indonesia has guaranteed the right and freedom of every citizen to religion according to his own belief. Therefore, it is appropriate that the people who sit in the legislature and the executive to always maintain the religious freedom of every citizen without looking at the ideology he embraces.There is still in this country discriminatory practices and injustices against the adherents of certain religions, it is necessary steps to provide justice together, including; political struggle for equality and capacity building and understanding of multiculturalism over democratic values. The first attempt was an advocacy of a number of state policies that were still considered unfair. Some legislation products that are less in harmony with the spirit of the 1945 Constitution and the development of the modern world are now being reviewed. While the second attempt is intended to strengthen the consciousness of the majority to further develop the values of equality, freedom, humanistic, homeland love and tolerance to diversity. If these noble things are successfully developed and implemented by all people it will be useful not only for the consolidation of democracy in this country, but also to strengthen nation and State.

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