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All Journal JURNAL HUKUM Al-'Adalah Journal of Indonesian Legal Studies Journal of Dedicators Community PROGRESIF: Jurnal Hukum Indonesian State Law Review (ISLRev) Journal of Islamic Law Jurnal Pengabdian kepada Masyarakat Nusantara Jurnal Pengabdian Masyarakat Indonesia AL WASATH Jurnal Ilmu Hukum Ascarya: Journal of Islamic Science, Culture and Social Studies Pancasila: Jurnal Keindonesiaan Insand Comtech : Information Science and Computer Technology Journal Advances In Social Humanities Research RESLAJ: Religion Education Social Laa Roiba Journal Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga Jurnal De Lege Ferenda Trisakti Indonesian State Law Review (ISLRev) JILS (Journal of Indonesian Legal Studies) Indonesian Constitutional Studies Indonesian Minority Justice Review
Muhtar Said
Universitas Nahdlatul Ulama Indonesia
Religion Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Faith, Fear, and the Constitution: Religious Freedom and Identity Politics in Indonesia’s Constitutional Jurisprudence Muhtar Said; Ridwan Arifin; Zaka Firma Aditya
Indonesian Constitutional Studies Vol. 1 No. 1 (2025): Indonesian Constitutional Studies, April 2025
Publisher : ARTES LIBRES INSTITUTUM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67912/ics.v1i1.8

Abstract

This study investigates how Indonesia’s Constitutional Court has navigated the dialectic of faith, fear, and the Constitution in its jurisprudence on religious freedom, with particular attention to the implications for pluralism and democratic sustainability. The primary objective is to assess whether the Court has upheld constitutional guarantees of religious liberty or accommodated majoritarian pressures by institutionalizing fear as a constitutional principle. Employing a normative legal research method, the study draws upon a statute approach to analyze constitutional provisions, a case approach to scrutinize landmark decisions such as the 2010 Blasphemy Law ruling, a conceptual approach grounded in theories of constitutional pluralism and militant democracy, and a comparative approach referencing jurisprudence in India, Europe, and North America. The results reveal that while the Court affirms religious freedom in principle, its jurisprudence selectively protects faith, privileging majority interpretations and relegating minority beliefs to conditional entitlements. Fear of unrest and disorder has become a central justification for rights restrictions, reshaping constitutional protections into negotiable privileges rather than universal guarantees. The findings demonstrate that the Constitution itself functions as both a site of principle and pragmatism, oscillating between normative commitments to equality and pragmatic deference to political pressures. Sustainable constitutionalism in Indonesia requires reinterpreting the Constitution as a guarantor of pluralism, reinforcing judicial courage, and embedding international human rights standards into domestic jurisprudence. This research contributes to global debates on religion, identity politics, and constitutional democracy in plural societies.
The Transformation of Legal Consciousness: From Unregistered to Official Marriages in PekorenVillage, Rembang, Pasuruan, East Java M. Harir Muzakki; Fira Mubayyinah; Muhtar Said; Raihanah binti Abdullah; Khoirul Fathoni; Ali Akhbar Abaib Mas Rabbani Lubis
al-'adalah Vol 23 No 1 (2026): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v231.24826

Abstract

Although marriage registration occupies a central position in Indonesian family law, unregistered marriage practices persist and, in certain contexts, are even socially normalized. This article examines the transformation of legal consciousness regarding marriage registration in Pekoren Village, Rembang District, Pasuruan Regency, East Java, an area previously known as a hotbed of unregistered marriages. Using a socio-legal approach, this research is based on longitudinal fieldwork conducted between 2021 and 2024,including in-depth interviews, continuous observation, and document analysis involving village officials, religious leaders, and civil society actors. The findings show that the decline in unregistered marriages in Pekoren was not the result of coercive law enforcement or criminalization, but rather a gradual rearticulation of legal consciousness. This transformation was mediated by village-level prohibitions, social sanctions, administrative routines, and the strategic repositioning of religious authorities. Marriage registration is then understood not merely as an administrative obligation, but as a morally legitimate and socially important practice for protecting women, children, and family dignity. Over time, compliance with state marriage law has become customary and accepted as normal in everyday life. This study contributes to socio-legal studies by showing that legal compliance emerges as a relational and processual outcome of “everyday legality” in the context of legal pluralism, and it has implications for family law reform, particularly in formulating policies to combat unregistered marriages that emphasize community mediation and ethical legitimacy rather than a repressive approach
Intersectional Justice: The Plight of Ethnic and Religious Minorities in Indonesia’s Labor Market Zulfikar Achmad; Muhtar Said; Leila Farouk; Youssef Roushan
Indonesian Minority Justice Review Vol. 2 No. 1 (2025): January, 2025
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/c7zfv285

Abstract

This paper explores the intersectional challenges faced by ethnic and religious minorities in Indonesia’s labor market, where discrimination based on both ethnicity and religion continues to limit access to employment, fair wages, and career advancement. Despite legal protections, such as the 2003 Manpower Law, which prohibits discrimination in employment, many minority groups—particularly indigenous peoples, Chinese Indonesians, and religious minorities such as the Ahmadiyya and Christians—face systematic exclusion from high-wage and high-status jobs. The study investigates how the intersectionality of ethnic and religious identity shapes individuals' experiences within Indonesia's labor market, focusing on hiring practices, workplace discrimination, and the barriers to career advancement. By analyzing survey data, interviews with labor market participants, and case studies of minority groups, the paper highlights the persistence of discriminatory attitudes and practices that hinder the economic mobility of marginalized communities. The findings suggest that despite legal frameworks, there is a lack of effective enforcement and a failure to address the root causes of labor market discrimination. The paper concludes by proposing a comprehensive approach to intersectional justice, including stricter anti-discrimination policies, improved labor market enforcement mechanisms, and targeted initiatives to support minority workers’ career development.
Co-Authors Aan Eko Widiarto Abdul Ghoffar Husnan Ahirullah, Rajab Al-Uyun, Dhia Ali Akhbar Abaib Mas Rabbani Lubis Ali Akhbar Abaib Mas Rabbani Lubis Ardiansyah, Alfan Rizki Arifin Andi Abdul Karim Asna Lutfa Binti Mamluatul Karomah DR, Muhammad Rusydi Erfandi AM Erfandi Erfandi Fadli, Moh. Fira Mubayyinah Handy Fernandy Kartini Laras Makmur Khoirul Fathoni Leila Farouk Minan, Ahasanul Minan, Ahsanul Muhammad Adib Alfarisi Muhammad Hasan Muaziz Muhammad Nurul Huda Muhammad Ramadhan Giri Wardana Muhammad Ramadhan Giri Wardana Muhammad Rusydi DR Muzakki, M. Harir Nugraha, Sigit Nurhadi NUR ARIFAH Nurliani Nurliani Raihanah binti Abdullah Ridwan Arifin Riswanto Siti Maesaroh Unu Putra Herlambang Youssef Roushan Yundari, Yundari Zaka Firma Aditya Zulfikar Achmad