scholarly journals Pembatasan Kebebasan Beragama Dan Berkeyakinan Di Indonesia Serta Implikasinya

2021 ◽  
Vol 8 (1) ◽  
pp. 85-107
Author(s):  
Rohit Mahatir Manese
Keyword(s):  
Human Rights ◽  
Literature Review ◽  
Minority Groups ◽  
The State ◽  
Universal Declaration ◽  
Freedom Of Religion ◽  
Religious Values

This article aims to describe caused the restriction of religion and belief freedom and its implications in Indonesia. The author’s argument on the ownership that limitation of the religion and belief freedom in Indonesia which have mainstreams about religious values and blasphemy. It causes diversity in Indonesia to limited pluralism experience. With the perspective of pluralism, limiting the religion and belief freedom is carried out by the state makes ancestral religions which is not declared as official religions. Apart from making the state that recognizes only six religions, this statement contradicts the Universal Declaration of Human Rights (UDHR) and the International Covenant. By using the literature review method, this article finds that the religion and belief freedom in Indonesia experiences delimited pluralism so this condition brings to negotiated on ancestral religions and intolerance to minority groups. Keywords: Freedom of Religion and Belief; Religious Value; Delimited Pluralism; Discrimination; Intolerance.

scholarly journals DISKURSUS PERKAWINAN BEDA AGAMA DI INDONESIA DALAM TINJAUAN UNIVERSALISME HAM DAN RELATIVISME BUDAYA

2021 ◽  
Vol 20 (1) ◽  
pp. 131
Author(s):  
Fitrawati Fitrawati
Keyword(s):  
Human Rights ◽  
The State ◽  
Universal Declaration ◽  
Cultural Relativism ◽  
The Other ◽  
Freedom Of Religion ◽  
Legal Research ◽  
Interfaith Marriage ◽  
Cultural Relativity ◽  
The Right

This paper tries to examine the right to freedom of interfaith marriage in Indonesia from the perspective of Human Rights Universalism and Cultural Relativism. The purpose of this paper is to explain how universalism and cultural relativity view interfaith marriage in Indonesia. This research is a normative legal research. This study uses a literature approach. The findings of this study indicate that interfaith marriage in Indonesia is still not well accepted and has always been controversial news in the community, even considered to have exceeded or violated the provisions of marriage, but there are still followers of different religions who decide to marry. In fact, many of them are smuggling laws so that their marriages are recognized by the state, namely by registering marriages abroad and then continuing the registration in Indonesia. Meanwhile, on the other hand, Indonesia already has a law on Marriage, namely, Article 2 paragraph 1. It is also contained in the article of the Universal Declaration of Human Rights, namely the right to freedom of marriage (article 16 UDHR) which includes the right to marry between religions (different religions), and the right to freedom of religion (article 18 UDHR) which includes the right to change religions. Meanwhile, in cultural realivism, it rejects everything that is universal.

scholarly journals The The European Court of Human Rights’ Approach in the Protection of Rights of Religious Minority Groups

2020 ◽  
Vol 4 (2) ◽  
pp. 28-41
Author(s):  
Chemen Bajalan
Keyword(s):  
Human Rights ◽  
Literature Review ◽  
Minority Groups ◽  
Case Law ◽  
Freedom Of Religion ◽  
Religious Minority ◽  
Political Situation ◽  
European Court ◽  
Common Practices ◽  
The Right

The European Court of Human Rights (ECtHR) is reluctant to distinguish the group right qua group. However, it is impossible to ignore the group dimension in the right to freedom of religion. Such a dimension is clearer in the manifestation of beliefs, which require more common practices than mere beliefs. The Court's decisions when dealing with the freedom of religion tend to be inconsistent because it considers the unique social and political situation of each member state. This limits the scope of the right to freedom of religion and the range of protection of a group's religious rights. Using a literature review and analyzing the case law, this paper highlights the inconsistencies in the Court’s decisions in relation to acknowledging minorities’ religious rights.

scholarly journals Al-Mabadi’ Al-Khamsah dan Al-Kulliyah Al-Khams; Sebagai Konsep Penjamin Hak Kebebasan Beragama Berkeyakinan

2021 ◽  
Vol 3 (2) ◽  
pp. 87-97
Author(s):  
Moch. Mukhlison ◽  
Muhammad Isnan
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Minority Groups ◽  
The State ◽  
Freedom Of Religion ◽  
The Creation ◽  
The Right

The case of intolerance and restrictions on the right to religious freedom is a never-ending discourse. That is because these cases still occur in Indonesia with such high numbers. In the last five years, data shows an increase in cases of intolerance and restrictions on religious freedom. In this condition, it turns out that the right to freedom of religion and belief has not provided benefits for minority groups. This paper tries to reveal how the rights to freedom of religion and belief are upheld by the norms of Human Rights and the State as the guarantor. This article also tries to reveal that even Islam with the teachings of tolerance and the concept of Al-Mabadi 'Al-Khamsah and Al-Kulliyah Al-Khams provide support for the creation of justice, peace and harmonious relations between humans.

Freedom of Religion in the Workplace

2021 ◽  
pp. 1-21
Author(s):  
Nedim Begović
Keyword(s):  
Human Rights ◽  
Bosnia And Herzegovina ◽  
Case Law ◽  
Legal Framework ◽  
The State ◽  
European Convention ◽  
Freedom Of Religion ◽  
European Court

Abstract The article analyses the case law of the European Court of Human Rights on accommodation of Islamic observances in the workplace. The author argues that the Court has not hitherto provided adequate incentives to the states party to the European Convention on Human Rights to accommodate the religious needs of Muslim employees in the workplace. Given this finding, the author proposes that the accommodation of Islam in the workplace should, as a matter of priority, be provided within a national legal framework. In Bosnia and Herzegovina, this could be achieved through an instrument of contracting agreement between the state and the Islamic Community in Bosnia and Herzegovina.

What Are Rights?

2012 ◽  
Author(s):  
Aryeh Neier
Keyword(s):  
Human Rights ◽  
The State ◽  
Public Institutions ◽  
Universal Declaration ◽  
Ethical Norms

This chapter looks at how, among those engaged in the promotion of human rights, there is general agreement that rights are an aspect of humanity. They are not dependent on such characteristics as race, nationality, or gender, nor do they depend on a person's presence within the territory of a particular political entity. Rights, most proponents agree, are ethical norms with a legal content that requires that they should be honored and enforced by public institutions. Some rights, it is generally conceded, may be temporarily abridged by the state because of exigent circumstances; others may never be violated, no matter the context or the purported justification. In the view of many of their proponents, the rights set forth in the Universal Declaration of Rights are indivisible.

Les minorités dans la Déclaration Universelle des Droits de l’Homme, une absence délibérée

2020 ◽  
Vol 88 (3-4) ◽  
pp. 557-590
Author(s):  
Fernando Arlettaz
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Interwar Period ◽  
Minority Rights ◽  
League Of Nations ◽  
The State ◽  
Point Of View ◽  
Universal Declaration ◽  
Legal Regime ◽  
The United Nations

Summary The League of Nations established, in the interwar period, a legal regime for the protection of minorities which considered them as intermeditate groups between the State and the individuals. On the contrary, the Universal Declaration on Human Rights, adopted in 1948 by the United Nations, assumed a radically individualistic point of view and did not include any mention to minority rights. The travaux préparatoires of the Universal Declaration suggest that the question of minorities caused strong tension among States and that, for this reason, they avoided its inclusion in the 1948 document.

scholarly journals WHO AM I? WHO ARE YOU? WHO ARE WE? LAW, RELIGION, AND APPROACHES TO AN ETHIC OF MIGRATION

2015 ◽  
Vol 30 (2) ◽  
pp. 320-334
Author(s):  
Silas W. Allard
Keyword(s):  
Human Rights ◽  
Political Identity ◽  
The State ◽  
Political Community ◽  
Universal Declaration ◽  
Nation State ◽  
Political Space ◽  
The Family ◽  
The World ◽  
The Subject

In her essay “The Decline of the Nation-State and the End of the Rights of Man,” Hannah Arendt famously wrote, “Nobody had been aware that mankind, for so long a time considered under the image of a family of nations, had reached the state where whoever was thrown out of one of these tightly organized closed communities found himself thrown out of the family of nations altogether.” Surveying the aftermath of the world wars, the same aftermath that eventually led to the Universal Declaration of Human Rights, Arendt found that a person had to be emplaced—the subject of a political space—in the state-oriented order of geopolitics to be cognizable as a subject of human rights. The stateless, being displaced, were excluded from such a regime of rights and from the global political community. Bare humanity, Arendt argued, was an insufficiently binding political identity. As she wrote in her arresting language, “The world found nothing sacred in the abstract nakedness of being human.”

scholarly journals Emergence of the Individual as an International Juristic Entity: Enforcement of International Human Rights

2004 ◽  
Vol 9 (2) ◽  
pp. 534-572 ◽  
Author(s):  
Julie Cassidy
Keyword(s):  
Human Rights ◽  
International Law ◽  
Minority Groups ◽  
The State ◽  
International Human Rights ◽  
International Norm ◽  
State Practice ◽  
International Rights ◽  
The Many ◽  
The Individual

In this article it is contended that state practice, as evidenced in the declarations of the judiciary and the many treaties and conventions guaranteeing human rights, reveals a consensus of opinion acknowledging the individual to be an international juristic entity. So extensive is this practice that it could be seen as marking the emergence of a new customary international norm; or at least a general principle of international law, yet to crystallise into a custom; acknowledging the individual as the beneficiary of international rights. This is important for individuals and minority groups because if they possess international rights independently of the State, enforcement of their rights will no longer depend on the interests of the State. Where the State is often the offender of human rights, international law will not effectively confer any real rights unless the individual is so recognised as an inter- national juristic entity.

scholarly journals IMPLEMENTASI PRINSIP KEBEBASAN BERAGAMA DAN BERKEYAKINAN DI INDONESIA (Studi Kasus: Tanggung Jawab Negara dalam Konflik Sampang, Madura)

2017 ◽  
Vol 4 (1) ◽  
pp. 91
Author(s):  
Rizky Adi Pinandito
Keyword(s):  
Human Rights ◽  
The State ◽  
Religious Conflict ◽  
Freedom Of Religion ◽  
State Responsibility ◽  
Human Rights Violations ◽  
Government Officials ◽  
Security Forces ◽  
The Government

The purpose of this study is to explain in depth how the responsibility of the state c.q Government of Indonesia against violations of the principle of freedom of religion in the case of Sampang, Madura. The method of approach used in this research is normative juridical in discussing the issue of implementation of protection and guarantee to freedom of religionand belief which is regulated in constitution and Indonesian legislation system and how state responsibility to religious conflict happened in Sampang, Madura, Jawa East. The results of the research conducted in the case of Sampang are, the security forces do not act or do omission(omission) in the event of riots. In addition, the government’s attitude that provoked provocation was shown by the MUI who issued a decree stating that the Shia taught by Tajul Muluk is heretical. The State should (in this case the Police) take precautions. Therefore, the State c.q The Government of Indonesia is obliged to provide compensation, restitution and rehabilitation to victims of human rights violations as well as to give legal assertiveness to all perpetrators of riots including government officials who allow the riots of human rights violations

8. Law, Constitutions, and Federalism

2017 ◽  
Author(s):  
Peter Ferdinand
Keyword(s):  
Human Rights ◽  
Basic Structure ◽  
The State ◽  
Fundamental Rights ◽  
Universal Declaration ◽  
Political Life ◽  
Constitutional Courts ◽  
Alternative Approach ◽  
The Law

This chapter examines how laws, constitutions, and federalism provide structure to the context of political life. It first considers the importance of constitutions in determining the basic structure of the state and the fundamental rights of citizens that they establish before asking whether the Universal Declaration of Human Rights is Western-centric. It then explores different ways in which states may attempt to realize justice in applying the law, with particular emphasis on differences between Islamic and Western practice. It also discusses the importance of constitutional courts, the ways that the institution of federalism contains the powers of the state and manage diverse societies, and consociationalism as an alternative approach to managing such diversity. Finally, it comments on the increasing legalization of political life.

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