Norm Formulation of Special Requirements for the Establishment of Houses of Worship in Indonesia (Analysis of Natural Law Theory and the concept of Local Wisdom)

Supeno, Supeno

Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 24 No. 1 (2025): Pena Justisia

Since 2006, a Joint Decree of 2 (two) Ministers has beenenacted to regulate the establishment of houses ofworship in Indonesia, where one of the articles regulatesthe special requirements for the establishment of housesof worship, but the formulation of special requirementsfor the establishment of worship has caused variousprolonged horizontal conflicts in the midst of society soas to damage inter-religious harmony that has been wellmaintained, The purpose of this study is to examine theformulation of rules on special requirements for theestablishment of houses of worship associated withaspects of human rights and aspects of local wisdom, Theresearch method used is juridical-empirical researchusing socio-legal research approach, legislative approach,case approach and theoretical approach, after analysisusing the theory of natural law and the concept of localwisdom, the research results show that the formulationof norms on special requirements for the establishment ofhouses of worship is contrary to the basic principles ofhuman rights and contrary to the laws and regulationsin Indonesia, the formulation of special requirements isalso contrary to the concept of local wisdom of theIndonesian people as a reflection of the living law.