Putra, Jaya Indra Santoso
Unknown Affiliation

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

The Conundrum to Wear Religious Uniform in Indonesia: International Human Rights Law and Islamic Law Perspective Sefriani, Sefriani; Putro, Yaries Mahardika; Putra, Jaya Indra Santoso; Monteiro, Seguito
Journal of Indonesian Legal Studies Vol. 9 No. 1 (2024): Navigating Legal Landscapes: Exploring Justice Development in Indonesia and the
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.vol9i1.4532

Abstract

This study aims to analyze the annulment of the Joint 3 (three) Ministerial Decree concerning School Uniforms for Students, Educators, and School Personnel by the Indonesian Supreme Court and to examine the Supreme Court’s decision under international human rights law and Islamic law. In the annulment of the Joint 3 (Three) Ministerial Decree on School Uniforms for Students, Educators, and School Personnel by the Indonesian Supreme Court, the legal reasoning follows a meticulous analysis rooted in normative legal research. The study employs statutory, conceptual, and comparative approach to unravel the complexities surrounding the decree. Through the descriptive analysis, it is established that the decree runs afoul of the educational values enshrined in the National Education System Act, particularly the imperative to foster religious spiritual strength in students. Moreover, the National Education System Act also mandated that the Indonesian National Education must also be rooted in religious values. The Supreme Court’s decision to annul the Joint 3 (Three) Ministerial Decrees grounded in the rationale that the decree conflicts with the higher law, specifically the National Education System Act. The annulment also aligns with international human rights law and the values of Islamic law. Indonesia has a margin of appreciation in the regulation of religious freedom as practiced in the European Court of Human Rights, adjusting to the condition that Indonesia is not a secular country but also not a religious country. Indonesia is based on Belief in the one and only God and upholds pluralism.