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p-Index From 2021 - 2026
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All Journal The Indonesian Journal of International Clinical Legal Education Contemporary Issues on Interfaith Law and Society
Akbar, Mar'ie Muhammad Falah
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Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Religious Tolerance: Does Indonesian Law Really Guarantee It? Akbar, Mar'ie Muhammad Falah
The Indonesian Journal of International Clinical Legal Education Vol 3 No 1 (2021): Indonesian J. Int'l Clinical Leg. Educ. (March, 2021)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v3i1.43170

Abstract

Legal protection given by the state of Indonesia to the followers of religion as has been stated in the first principle of Pancasila the divinity of the Almighty, in which the state of Indonesia, although not a country based on a particular religion but the state of Indonesia is a religious country, so that every adherent of religion guaranteed their rights and legally protected from all actions that harm the adherents of that religion. Legal protection has been contained in the 1945 Constitution of the State of the Republic of Indonesia in Article 28 E, 28 J and Article 29. The rights and freedom of religion may be limited to its fulfillment if it has the potential to interfere and interfere with the rights and freedoms of others. This is in accordance with the principle of harm-principle proposed by Jhon Stuart Mill and the view of Asma Jahangir who argued that the concept of restriction of religious freedom is only at the level of the external forum.
Religious Tolerance: Does Indonesian Law Really Guarantee It? Akbar, Mar'ie Muhammad Falah
The Indonesian Journal of International Clinical Legal Education Vol 3 No 1 (2021): Indonesian J. Int'l Clinical Leg. Educ. (March, 2021)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v3i1.43170

Abstract

Legal protection given by the state of Indonesia to the followers of religion as has been stated in the first principle of Pancasila the divinity of the Almighty, in which the state of Indonesia, although not a country based on a particular religion but the state of Indonesia is a religious country, so that every adherent of religion guaranteed their rights and legally protected from all actions that harm the adherents of that religion. Legal protection has been contained in the 1945 Constitution of the State of the Republic of Indonesia in Article 28 E, 28 J and Article 29. The rights and freedom of religion may be limited to its fulfillment if it has the potential to interfere and interfere with the rights and freedoms of others. This is in accordance with the principle of harm-principle proposed by Jhon Stuart Mill and the view of Asma Jahangir who argued that the concept of restriction of religious freedom is only at the level of the external forum.
Legal Protection for Tolerance and Freedom Among Religious People in Indonesia Akbar, Mar'ie Muhammad Falah
Contemporary Issues on Interfaith Law and Society Vol 1 No 1 (2022): January-June, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v1i1.56712

Abstract

Legal protection for tolerance and freedom among religious individuals in Indonesia is intricately linked to the country's foundational principles, particularly Pancasila, which emphasizes the divinity of the Almighty. Despite Indonesia's secular stance, it recognizes its religious identity, guaranteeing the rights of adherents of all faiths to practice their beliefs without discrimination or harm. This commitment to religious freedom is enshrined in the 1945 Constitution of the Republic of Indonesia, specifically in Articles 28E, 28J, and Article 29. These constitutional provisions serve as the cornerstone for safeguarding the rights of religious minorities and ensuring their legal protection within the Indonesian state. Moreover, legal protections extend to mitigate potential conflicts between religious freedom and the rights of others. According to the harm principle proposed by philosopher John Stuart Mill, limitations on religious freedoms are permissible when they impinge upon the rights and freedoms of others. This principle guides the Indonesian legal framework in balancing individual liberties with societal interests, promoting harmony and coexistence among diverse religious communities. Furthermore, the perspective advocated by human rights advocate Asma Jahangir underscores that restrictions on religious freedom primarily apply to the external forum, preserving individuals’ internal beliefs and practices. This nuanced understanding highlights the importance of respecting both individual autonomy and societal harmony within Indonesia's diverse religious landscape.
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