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

The Status of Indigenous Belief Adherents in Civil Registration: A Comparative Study of the Fulfillment of Constitutional Rights in Indonesia and Viet Nam

Daulat Nathanael Banjarnahor (Universitas HKBP Nommensen Pematangsiantar, Indonesia)
Rengga Kusuma Putra (Universitas Sains dan Teknologi Komputer)



Article Info

Publish Date
30 Jun 2025

Abstract

Recognition of belief adherents in population administration is an important part of fulfilling constitutional rights to identity, equality, and freedom of religion and belief. This research aims to analyze the legal construction of the status of belief adherents in population administration and compare the fulfillment of their constitutional rights in Indonesia and Vietnam. The research employs a normative legal method with legislative, conceptual, and comparative approaches. The research results show that both Indonesia and Vietnam provide constitutional guaranties for freedom of religion and belief, but they develop different regulatory models. Indonesia is moving toward rights-based recognition through the 1945 Constitution of the Republic of Indonesia and the Constitutional Court Decision Number 97/PUU-XIV/2016, which affirms the equality of belief adherents in population administration. Meanwhile, Vietnam recognizes freedom of belief through the Constitution and the Law on Belief and Religion 2016 with a stronger state regulatory character. The fulfillment of rights in both countries shows a gap between constitutional recognition, legal recognition, administrative recognition, and substantive fulfillment. Indonesia primarily faces challenges in administrative implementation following the Constitutional Court's decision, while Vietnam grapples with the issue of balancing freedom of belief and the state's regulatory function. Therefore, population administration needs to be developed based on the principles of equality, non-discrimination, identity protection, administrative access, and effective remedy.

Copyrights © 2025






Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...