Contemporary Issues on Interfaith Law and Society
Vol 1 No 1 (2022): January-June, 2022

Legal Protection for Tolerance and Freedom Among Religious People in Indonesia

Akbar, Mar'ie Muhammad Falah (Unknown)



Article Info

Publish Date
31 Jan 2022

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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Journal Info

Abbrev

ciils

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The CIILS is also dedicated to publish an innovative research on and study of the interactions that take place within and between religious communities in the law and policy context by multidisciplinary perspectives including politics, economics, theology, psychology, and other related ...