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Freedom Of Religion And Belief Under Supreme Court Verdict Study Case On Supreme Court Decision Number 17/P/HUM/2021

Freedom of religion or belief (FoRB) is one of the human rights stated in the 1945 Constitution. Article 29 paragraphs (1) and (2) of the 1945 Constitution. The recognition of religion guarantees the independence of each of its inhabitants to embrace their respective religions and to worship accordi...

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Main Authors: Ayub, Zainal Amin, Dinata, Ari Wirya, Budi Ambarini, Nur Sulistyo, Susanti, Pipi, Elcaputera, Arie
Format: Article
Language:English
Published: Research Center for Law and Judiciary of the Supreme Court of the Republic of Indonesia 2023
Subjects:
K Law (General)
Online Access:https://repo.uum.edu.my/id/eprint/31073/1/JHP%2012%2001%202023%2001-28.pdf
https://doi.org/10.25216/jhp.12.1.2023.1-28
https://repo.uum.edu.my/id/eprint/31073/
https://www.jurnalhukumdanperadilan.org/index.php/jurnalhukumperadilan/article/view/803
https://doi.org/10.25216/jhp.12.1.2023.1-28
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spelling my.uum.repo.310732024-07-16T06:18:21Z https://repo.uum.edu.my/id/eprint/31073/ Freedom Of Religion And Belief Under Supreme Court Verdict Study Case On Supreme Court Decision Number 17/P/HUM/2021 Ayub, Zainal Amin Dinata, Ari Wirya Budi Ambarini, Nur Sulistyo Susanti, Pipi Elcaputera, Arie K Law (General) Freedom of religion or belief (FoRB) is one of the human rights stated in the 1945 Constitution. Article 29 paragraphs (1) and (2) of the 1945 Constitution. The recognition of religion guarantees the independence of each of its inhabitants to embrace their respective religions and to worship according to their religion or beliefs. The state guarantee on FoRB consists of assurance for the internal and external forums. Freedom to embrace religion or belief is an internal forum for everyone, an absolute right as regulated in ICCPR that Indonesia has also ratified. In fact, this provision is also regulated in Article 28 I paragraph (1) of the 1945 Constitution. The fulfillment of the right to FoRB is frequently discriminated against in Indonesia. The issue of forcing to wear school uniforms with hijab for non-Muslim female students is still common in many public schools in Indonesia. The State has issued a joint decree (SKB) of 3 ministers to normalize the discriminatory status quo. However, the attempt to return it to its normal position was thwarted by the LKMM, which carried out the SKB test. Unfortunately, the Supreme Court (SC) canceled the SKB because schools have the right to carry out religious education and instilled values. The judges ratio decidendi made by the SC Justices were very dry from the perspective of freedom of religion or belief in canceling the 3 Ministerial Decrees. The judge saw the issue of forcing to wear hijab on non-Muslim students from the perspective of the majority religious thought without noticing that Indonesian society is very diverse. Therefore, the protection of the right to FoRB should also safeguard the religious minorities rights. This paper will examine decision made by judiciary power in term protecting the FoRB right. This verdict will be reviewing toward to justice consideration (ratio decidendi) and legal architecture in filling the norm FoRB. Moreover, it will also appraise to judicial behavior based on breakfasting theory Research Center for Law and Judiciary of the Supreme Court of the Republic of Indonesia 2023 Article PeerReviewed application/pdf en cc4_by_nc_sa https://repo.uum.edu.my/id/eprint/31073/1/JHP%2012%2001%202023%2001-28.pdf Ayub, Zainal Amin and Dinata, Ari Wirya and Budi Ambarini, Nur Sulistyo and Susanti, Pipi and Elcaputera, Arie (2023) Freedom Of Religion And Belief Under Supreme Court Verdict Study Case On Supreme Court Decision Number 17/P/HUM/2021. Jurnal Hukum dan Peradilan, 12 (1). pp. 1-28. ISSN 2303-3274 https://www.jurnalhukumdanperadilan.org/index.php/jurnalhukumperadilan/article/view/803 https://doi.org/10.25216/jhp.12.1.2023.1-28 https://doi.org/10.25216/jhp.12.1.2023.1-28
institution Universiti Utara Malaysia
building UUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Utara Malaysia
content_source UUM Institutional Repository
url_provider http://repo.uum.edu.my/
language English
topic K Law (General)
spellingShingle K Law (General)
Ayub, Zainal Amin
Dinata, Ari Wirya
Budi Ambarini, Nur Sulistyo
Susanti, Pipi
Elcaputera, Arie
Freedom Of Religion And Belief Under Supreme Court Verdict Study Case On Supreme Court Decision Number 17/P/HUM/2021
description Freedom of religion or belief (FoRB) is one of the human rights stated in the 1945 Constitution. Article 29 paragraphs (1) and (2) of the 1945 Constitution. The recognition of religion guarantees the independence of each of its inhabitants to embrace their respective religions and to worship according to their religion or beliefs. The state guarantee on FoRB consists of assurance for the internal and external forums. Freedom to embrace religion or belief is an internal forum for everyone, an absolute right as regulated in ICCPR that Indonesia has also ratified. In fact, this provision is also regulated in Article 28 I paragraph (1) of the 1945 Constitution. The fulfillment of the right to FoRB is frequently discriminated against in Indonesia. The issue of forcing to wear school uniforms with hijab for non-Muslim female students is still common in many public schools in Indonesia. The State has issued a joint decree (SKB) of 3 ministers to normalize the discriminatory status quo. However, the attempt to return it to its normal position was thwarted by the LKMM, which carried out the SKB test. Unfortunately, the Supreme Court (SC) canceled the SKB because schools have the right to carry out religious education and instilled values. The judges ratio decidendi made by the SC Justices were very dry from the perspective of freedom of religion or belief in canceling the 3 Ministerial Decrees. The judge saw the issue of forcing to wear hijab on non-Muslim students from the perspective of the majority religious thought without noticing that Indonesian society is very diverse. Therefore, the protection of the right to FoRB should also safeguard the religious minorities rights. This paper will examine decision made by judiciary power in term protecting the FoRB right. This verdict will be reviewing toward to justice consideration (ratio decidendi) and legal architecture in filling the norm FoRB. Moreover, it will also appraise to judicial behavior based on breakfasting theory
format Article
author Ayub, Zainal Amin
Dinata, Ari Wirya
Budi Ambarini, Nur Sulistyo
Susanti, Pipi
Elcaputera, Arie
author_facet Ayub, Zainal Amin
Dinata, Ari Wirya
Budi Ambarini, Nur Sulistyo
Susanti, Pipi
Elcaputera, Arie
author_sort Ayub, Zainal Amin
title Freedom Of Religion And Belief Under Supreme Court Verdict Study Case On Supreme Court Decision Number 17/P/HUM/2021
title_short Freedom Of Religion And Belief Under Supreme Court Verdict Study Case On Supreme Court Decision Number 17/P/HUM/2021
title_full Freedom Of Religion And Belief Under Supreme Court Verdict Study Case On Supreme Court Decision Number 17/P/HUM/2021
title_fullStr Freedom Of Religion And Belief Under Supreme Court Verdict Study Case On Supreme Court Decision Number 17/P/HUM/2021
title_full_unstemmed Freedom Of Religion And Belief Under Supreme Court Verdict Study Case On Supreme Court Decision Number 17/P/HUM/2021
title_sort freedom of religion and belief under supreme court verdict study case on supreme court decision number 17/p/hum/2021
publisher Research Center for Law and Judiciary of the Supreme Court of the Republic of Indonesia
publishDate 2023
url https://repo.uum.edu.my/id/eprint/31073/1/JHP%2012%2001%202023%2001-28.pdf
https://doi.org/10.25216/jhp.12.1.2023.1-28
https://repo.uum.edu.my/id/eprint/31073/
https://www.jurnalhukumdanperadilan.org/index.php/jurnalhukumperadilan/article/view/803
https://doi.org/10.25216/jhp.12.1.2023.1-28
_version_ 1805893234218500096
score 13.211869

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