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All Journal JURNAL LITIGASI (e-Journal) Jurnal Akta Jurnal Wawasan Yuridika Jurnal Ius Constituendum Legal Standing : Jurnal Ilmu Hukum JURNAL USM LAW REVIEW International Journal of Health, Economics, and Social Sciences (IJHESS) IBLAM Law Review Journal Evidence Of Law SASI
Meliyani Sidiqah
Sekolah Tinggi Hukum Bandung, Indonesia
Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Journal : Jurnal Akta

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Rethinking Religious Freedom in the Frame of the First Principle of Pancasila and Human Rights Law Meliyani Sidiqah
JURNAL AKTA Vol 11, No 4 (2024): December 2024
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v11i4.41139

Abstract

Freedom of religion is a fundamental human right that cannot be revoked by any authority, including the state. However, the reality demonstrates that acts of intolerance and discrimination persist, perpetrated not only by individuals within society but also by state officials and law enforcement officers against certain communities. These actions undermine the realization of religious freedom. The implementation of this right practically lacks adequate protection from the state. The core issue lies in the interpretation of human existence and the role of religion, and the understanding of religious freedom in Indonesia. This article seeks to deepen the comprehension of human existence and religion while uncovering the obscured dimensions of religious freedom in the Indonesian context. This study employs normative juridical research with an interdisciplinary approach, examining secondary data. The findings indicate that humans and freedom are inherently connected. Religion offers individuals freedom, while humans, in turn, embody sacred values. Religion is not a tool to secure basic services from the state. Indonesia must protect human rights so that everyone can practice religious freedom. Indonesia must foster an atmosphere of tolerance, while also promoting a high level of democracy to all sectors of society through self-reflection as individuals seek personal freedom.
The Paradox of Tolerance, Freedom of Religion, and Moral Boundaries in Implementation of Human Rights Law Sidiqah, Meliyani
JURNAL AKTA Vol 12, No 4 (2025): December 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i4.50957

Abstract

The discussion of tolerance and religious freedom in Indonesia reveals a normative paradox: constitutional guarantees of human rights coexist with restrictive practices grounded in majority morality. While religious freedom is constitutionally guaranteed as a fundamental right tied to human dignity, Indonesian legal culture often enforces tolerance in a conditional, passive, or exclusive manner. This paradox shapes the complex interplay among religion, the state, and society, as the collective morality of dominant groups frequently becomes public morality, restricting minority rights. This article seeks to clarify how tolerance for religious freedom is constructed within Indonesian legal culture and to examine the moral boundaries that limit religious freedom. Using a normative juridical approach informed by interdisciplinary human rights law, legal philosophy, and moral philosophy, the research finds that tolerance in Indonesia is primarily passive and legitimized by majority morality. Dominant group values often become public morality without rational evaluation against universal human rights standards, resulting in asymmetric and exclusive restrictions on minorities. This research’s novelty lies in offering a normative framework that treats tolerance as a legal-philosophical issue and proposes reorienting moral boundaries toward universal human rights by strengthening active tolerance and public rationality, ensuring that religious freedom is not only normatively recognized but also meaningfully protected in Indonesia’s democratic and just legal culture.
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