Ridwan Arifin
Universitas Negeri Semarang / Universitat de Barcelona

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When Majority Becomes Veto: Judicial Review of Religious Minority Exclusion in House-of-Worship Licensing in Indonesia Fadhel Arjuna Adinda; Ridwan Arifin; Varun Chhachhar
Indonesian Minority Justice Review Vol. 3 No. 1 (2026): January, 2026
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/fw5bac86

Abstract

Indonesia's constitutional framework formally guarantees freedom of religion and worship, yet religious minorities continue to encounter institutional barriers in establishing and maintaining houses of worship. This article examines how local licensing mechanisms may transform majority preferences into effective veto powers over the religious rights of minority communities. The study aims to identify the legal and institutional mechanisms through which seemingly neutral licensing requirements produce discriminatory outcomes. Employing normative juridical and socio-legal approaches, the research examines relevant constitutional provisions, regulations concerning houses of worship, selected judicial decisions, and documented conflicts involving religious minorities. The analysis focuses on the relationship between administrative discretion, local majoritarianism, and the state's positive obligation to protect minority rights. The article argues that the central problem is not merely the existence of restrictive requirements but the delegation of substantial regulatory power to institutions vulnerable to majoritarian pressure. Such arrangements may undermine equality before the law and transform procedural requirements into instruments of exclusion. The article proposes a rights-based interpretation of licensing authority, emphasizing proportionality, non-discrimination, and effective judicial oversight. It concludes that meaningful protection of religious minorities requires institutional mechanisms capable of preventing local majorities from exercising de facto veto power over constitutionally protected religious freedoms.
From Hate Speech to Social Exclusion: Rethinking Legal Protection for Religious Minorities in Indonesia's Digital Public Sphere Indah Sri Utari; Ali Masyhar; Ridwan Arifin
Indonesian Minority Justice Review Vol. 3 No. 2 (2026): April, 2026
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/pacv9b83

Abstract

The expansion of digital communication has transformed the production and dissemination of hostility toward religious minorities in Indonesia. Online hate speech can extend beyond verbal harm by reinforcing social stigma, legitimizing discrimination, and contributing to offline intimidation and exclusion. This article examines the relationship between digital hate speech and the broader social marginalization of religious minorities. Using a normative and socio-legal approach, the study analyzes Indonesian legislation governing electronic communication, freedom of expression, religious freedom, and minority protection, together with selected cases and patterns of online discourse. The research applies a rights-based framework to assess the tension between freedom of expression and the state's responsibility to protect minorities from harmful forms of digital hostility. The article argues that existing legal responses frequently concentrate on individual statements and criminal liability while overlooking the structural and cumulative effects of digitally amplified hate. Algorithmic visibility, networked harassment, and repeated stereotyping may create environments in which minority groups are effectively excluded from equal participation in public discourse. The study proposes a broader regulatory framework combining legal accountability, platform responsibility, digital literacy, and effective remedies for targeted communities. It concludes that protecting religious minorities in the digital sphere requires more than criminalizing isolated expressions; it requires addressing the mechanisms through which digital hostility becomes social exclusion and undermines substantive equality.