Gugun El Guyanie
UIN Sunan Kalijaga Yogyakarta

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The constitutional rights of indigenous beliefs adherents in minority fiqh perspective Gugun El Guyanie; Aji Baskoro
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 21, No 2 (2021)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v21i2.155-176

Abstract

Indigenous Beliefs Adherents (Penghayat Kepercayaan) who were victims of injustice filed a judicial review and finally brought out to Constitutional Court Decision Number 97/PUU-XIV/2016. This decision became the legal basis for Indigenous Beliefs Adherents to obtain their constitutional rights: recognition, respect, and protection by embedding the beliefs they believe in on the electronic ID card (e-KTP). This study aims to analyze based on the epistemology of minority fiqh on the constitutional rights of Indigenous Beliefs Adherents. In contrast to many studies that place minority fiqh in defense of Muslim minorities in the West, this study develops minority fiqh for non-Muslim minorities in Muslim-majority countries. This article uses normative legal research, with qualitative descriptive analysis with a case approach that analyzes Constitutional Court Decision Number 97/PUU-XIV/2016. The study results show that the Constitutional Court Decision viewed from the perspective of minority fiqh is very relevant. Because the purpose of Islamic law is none other than to protect minorities, including freedom of religion. Minority fiqh is also in line with the concept of constitutional rights. The Constitutional Court Decision restores Indigenous Beliefs' constitutional rights to the same level as other religious groups. 
DINAMIKA POLITIK MUSLIM TIONGHOA (STUDI KASUS PERSATUAN ISLAM TIONGHOA INDONESIA/PITI YOGYAKARTA) gugun el guyanie
IN RIGHT: Jurnal Agama dan Hak Azazi Manusia Vol 7, No 2 (2018)
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/inright.v7i2.1794

Abstract

This reasearch attempts to reveals political movement of  Muslim Tionghoa people (Islamic Chinese)  at Yogyakarta. Today, there is a significant shifting of Muslim Tionghoa people. It can not be sparated from the latest problem commonly growing up at Indonesia.  Actually, in many years ago, the Tionghoa people did political role at Indonesia, but untill now  they  often become a victime of ethnic violence. Moreover they  are still discriminated politically. Their rights as citizen of Indonesia is not fulfilled. They  are still distinguished with native people (pribumi), in Indonesia. Their political movement  was still restricted so much, especially in Orde Baru era.However,  recently, exactly after  Reformation movement in 1998 occured,  Tionghoa people in Indonesia are actively participating in political sphere. They are now  success to be member of House of Representative, minister and governor. It is also done by Muslim Tionghoa in Yogyakarta. Muslim Tionghoa at Yogyakarta is united in a organization namely, PITI. PITI is a Muslim Tionghoa people organization existing in Indonesia. This organization has some branches in several Indonesian areas, including Yogyakarta.When early being established, PITI Yogyakarta moved in social and religious activities only. But today, PITI  Yogyakarta is taking act in every areas including social, religion, culture, economy and politic. It is invented that the shifting movement of Muslim Tionghoa  at Yogyakarta politically is related with ethnic discrimination in Indonesia. They would like to eliminate the such discrimination to reach their rights totally as Indonesian citizen.