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Contemporary Issues on Interfaith Law and Society
Published by Universitas Negeri Semarang
ISSN : 28298373     EISSN : 28298624     DOI : https://doi.org/10.15294/ciils
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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 topics.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 31 Documents
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Legal Discourse on Contract Marriage in Indonesian and Islamic Law Izzat, Akrimatil; Mulki, Siti Afifah Ahmed
Contemporary Issues on Interfaith Law and Society Vol 1 No 1 (2022): January-June, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v1i1.56710

Abstract

Contract marriage, also known as temporary or mut’ah marriage, has garnered significant attention within both Indonesian civil law and Islamic legal frameworks. This paper examines the legal discourse surrounding contract marriage in Indonesia, juxtaposing it with principles derived from Islamic jurisprudence. Through a comprehensive analysis of legal texts, court cases, and scholarly opinions, this study explores the complexities and divergent interpretations surrounding the validity, implications, and societal perceptions of contract marriage in Indonesia. The paper begins by delineating the historical background and evolution of contract marriage within Indonesian society, tracing its roots in Islamic tradition and its assimilation into the legal framework of the nation. Subsequently, it delves into the multifaceted legal perspectives on contract marriage, scrutinizing debates regarding its legality, morality, and socio-cultural implications. Furthermore, this paper scrutinizes the judicial stance on contract marriage, examining landmark court cases and legal precedents that have shaped its legal status and societal reception. It also evaluates the role of religious authorities and their interpretations of Islamic law concerning contract marriage, shedding light on the discrepancies between legal theory and practical implementation. Moreover, the paper explores the socio-cultural ramifications of contract marriage within Indonesian society, analyzing its impact on gender dynamics, familial structures, and broader social norms. The study investigates the intersections of contract marriage with issues such as women's rights, marital stability, and religious identity, providing insights into the complex interplay between legal, religious, and socio-cultural factors.
Inter-Religious Marriage: A Controversial Issue in Indonesia
Contemporary Issues on Interfaith Law and Society Vol 1 No 1 (2022): January-June, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v1i1.56711

Abstract

Different religious marriages we often encounter during society especially among the affluent and celebrities. This kind of marriage has been done by Muslim men married to non-Muslim women or otherwise Muslim women married to non-Muslim men. Sometimes in response we only follow the understanding of some people who greatly glorify freedom in all fields (Liberal), although it is in terms of a very private as well as religion. In a liberal sense the beliefs of religious differences in marriage are not a problem. Liberalism is a notion that requires the freedom of individuals in all fields. This study is intended to analyze the legal basis of inter-religious marriage or mixed marriage in Indonesia. This study highlighted and found that inter-religious marriage is become complicate problem when trying to determine some basic rights, including the property, child, and the others.
Legal Protection for Tolerance and Freedom Among Religious People in Indonesia Akbar, Mar'ie Muhammad Falah
Contemporary Issues on Interfaith Law and Society Vol 1 No 1 (2022): January-June, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v1i1.56712

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.
Analysis Protection of the Right to Freedom of Religion in Prohibition of Worship at Al Aqsa Mosque by Israeli Police to Palestinians: Insight from Indonesia Maryoga, Yuawanda Tri; el Fasha, Ibrahimi Yahya
Contemporary Issues on Interfaith Law and Society Vol 1 No 1 (2022): January-June, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v1i1.56713

Abstract

This study conducts an analysis of the protection of the right to freedom of religion amidst the prohibition of worship at the Al Aqsa Mosque by Israeli police targeting Palestinians. Amidst ongoing tensions in the region, particularly in Jerusalem, this research scrutinizes the legal frameworks and human rights implications surrounding the restrictions imposed on worship activities at one of Islam's holiest sites. Utilizing qualitative research methods, including legal analysis and examination of relevant international human rights instruments, this study aims to elucidate the complexities and challenges faced by Palestinians in exercising their religious freedoms. Through an exploration of primary and secondary data sources, including reports, legal documents, and testimonies, this research seeks to shed light on the socio-political context and legal justifications underpinning the actions of the Israeli authorities. Ultimately, this study contributes to the broader discourse on religious freedom and human rights violations in conflict-affected areas, highlighting the urgent need for international attention and intervention to safeguard the rights of Palestinians to worship freely at the Al Aqsa Mosque.
Participation of Judicial Decisions as The Form of The Implementation of Moral Values in Case Statement Based on Rechtvinding Activities and Negative Wetjlike Theorie Zikra, Ikhda; Minh, Cuong Lan
Contemporary Issues on Interfaith Law and Society Vol 1 No 1 (2022): January-June, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v1i1.56714

Abstract

The judge is the spearhead as well as the parameter of justice test conducted by the justice seekers. One of them through decisions issued by the judge, many things that need to be considered and considered by the judge in deciding a case, especially because the justice is universal and the science of law which is a science that is multidisciplinary means not monotonous or only limited to eyeglasses or juridical point of view only but need to pay attention to other values ​​that live, grow, and develop in society both written and written. Article 16 and 28 of Law Number 4 Year 2004 as already amended into Law mandates that judges are prohibited from refusing cases that enter the Court under the pretext that the law does not regulate, it is unclear but is obliged to examine and decide upon the case. Then in article 28 explained that the judge must dig the values ​​that exist in society. This is to ensure a sense of justice for the community because the law is not what is contained in the law alone but also pay attention to other laws that are Living Law and Unwritten Law in the form of habits that exist in society, customs, or traditions is still acknowledged and lives, grows, and develops with the community based on the mandate of Pancasila and the Constitution of the Republic of Indonesia which is accommodated in Article 18 B Paragraph (2) that "the state recognizes and respects the unity of society as long as it exists within the community" in its legal considerations shall explore and include these values ​​for the implementation of social justice for all Indonesian people. So, the judge's conviction in deciding a case also greatly affects the content of the decision so as not to negate the existing morality as a unity of values ​​that live and grow in society. HLA Hart acknowledges that law and morals have a very close relationship, even Hart reveals that between law, justice and morality has a very close relationship, even one of the aspects of justice, namely administrative justice, in the law of the minimum nature of law and morality.
Restrictions and Prohibition of the Use of Hijab on Company Employees: A Human Rights Analysis Shaiza, Layina; Shivana, Nur
Contemporary Issues on Interfaith Law and Society Vol 1 No 2 (2022): July-December, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v1i2.58144

Abstract

The prohibition of headscarves in companies has sparked contentious debates surrounding human rights. This study delves into this issue, aiming to scrutinize the prohibition of headscarves in the context of human rights by conducting a comprehensive analysis and comparison of pertinent laws and regulations. It is evident that despite varying perspectives on human rights across different countries, there exists a fundamental entitlement shared by all individuals—the natural rights inherent to humanity. Chief among these natural rights is the right to freedom of religion. In Indonesia, the right to freedom of religion is enshrined in the 1945 Constitution, articulated in Article 28E(1), Article 28E(2), and Article 29(2). Moreover, within the realm of labor relations, Law No. 13 of 2003 concerning Manpower explicitly safeguards against discrimination based on religious attire in the workplace, affirming every worker's entitlement to equal treatment without bias from employers. Furthermore, various regulations promulgated by the United Nations underscore the universality of religious freedom, including the Charter of the Declaration of Human Rights, the 1948 Declaration of Human Rights, the International Covenant on Civil and Political Rights (ICCPR), and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). These international frameworks collectively emphasize the imperative of upholding religious freedom for all individuals worldwide.
Pros and Cons of Removing the Religion Column in Indonesian Identity Cards (Analysis of the Impact and Regulation on Human Rights) Prayogo, Bagus Edi
Contemporary Issues on Interfaith Law and Society Vol 1 No 2 (2022): July-December, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v1i2.58146

Abstract

The removal of the religious column from the national identity card has sparked considerable debate, with proponents and opponents expressing divergent viewpoints. On one hand, the move is seen as a step towards inclusivity, as many belief systems find it challenging to fit within the confines of the religious classification. Conversely, critics argue that replacing religion with belief may still introduce bias and fail to fully protect diverse belief systems. This study aims to analyze the implications of removing the religion identity from the national identity card, employing a literature review and comparative analysis of relevant laws and regulations pertaining to freedom of religion and belief in both national and international legal frameworks. Initial motivations for eliminating the religion column were rooted in the desire to accommodate adherents of various belief systems, eventually evolving into broader discussions about removing the column altogether for all religious communities in Indonesia. Following Constitutional Court Decision No. 97/PUU-XIV/2016, individuals professing a belief system were granted the option to specify their beliefs on their identity cards. This decision marked a significant milestone, reflecting the government's commitment to ensuring equal rights for all Indonesian citizens, irrespective of their religious or belief affiliations. Moreover, legal guarantees for freedom of religion and belief are enshrined in Article 28 E and 29(2) of the 1945 Constitution, as well as in national legislation such as the Law on Human Rights and international agreements like the International Covenant on Civil and Political Rights (ICCPR).
Protection of Indigenous Peoples (Local Beliefs) in the Context of Human Rights in Indonesia Khaidar, Naufal; Nugraha, Maulana Adi
Contemporary Issues on Interfaith Law and Society Vol 1 No 2 (2022): July-December, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v1i2.58319

Abstract

The removal of the religious column from the national identity card has sparked considerable debate, with proponents and opponents expressing divergent viewpoints. On one hand, the move is seen as a step towards inclusivity, as many belief systems find it challenging to fit within the confines of the religious classification. Conversely, critics argue that replacing religion with belief may still introduce bias and fail to fully protect diverse belief systems. This study aims to analyze the implications of removing the religion identity from the national identity card, employing a literature review and comparative analysis of relevant laws and regulations pertaining to freedom of religion and belief in both national and international legal frameworks. Initial motivations for eliminating the religion column were rooted in the desire to accommodate adherents of various belief systems, eventually evolving into broader discussions about removing the column altogether for all religious communities in Indonesia. Following Constitutional Court Decision No. 97/PUU-XIV/2016, individuals professing a belief system were granted the option to specify their beliefs on their identity cards. This decision marked a significant milestone, reflecting the government's commitment to ensuring equal rights for all Indonesian citizens, irrespective of their religious or belief affiliations. Moreover, legal guarantees for freedom of religion and belief are enshrined in Article 28 E and 29(2) of the 1945 Constitution, as well as in national legislation such as the Law on Human Rights and international agreements like the International Covenant on Civil and Political Rights (ICCPR).
The Challenges of Religious Harmony and Tolerance in Developing Countries Sari, Anggun Putri Indah
Contemporary Issues on Interfaith Law and Society Vol 1 No 2 (2022): July-December, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v1i2.59060

Abstract

This study aims to analyze how the challenges of religious harmony and tolerance in Indonesia are in the social and legal aspects. This study uses a literature study approach by comparing several legal regulations and previous research related to secondary data. This study found that religious harmony is a state of inter-religious relations based on tolerance, mutual understanding, mutual respect, respect for equality in the practice of their religious teachings and cooperation in social, national and state life within the Republic of Indonesia based on Pancasila and the 1945 Constitution of Indonesia. The right to religion (to embrace and practice worship) guaranteed by the Constitution and other laws is not a right that can be exercised at will. This means that there are certain signs or conditions so that the exercise of that right does not interfere with the rights of other people, the security and order of the community, the state and the nation; in other words, there are restrictions that must be considered by residents. This limitation is in Article 28J paragraph (2) of the 1945 Constitution in conjunction with Article 73 of the Human Rights Law. Article 28J paragraph (2) stipulates that in exercising their rights and freedoms, everyone is obliged to comply with the restrictions determined by law with the sole purpose of guaranteeing recognition and respect for the rights and freedoms of others and to fulfill fair demands in accordance with moral considerations, religious values, security, and public order in a democratic society.
A Pseudo Freedom for Faith: A Discourse of Religious Freedom in Russia and Indonesia Arvante, Jeremy Zefanya Yaka; Nugraha, Maulana Fuad; Arifin, Ridwan
Contemporary Issues on Interfaith Law and Society Vol 1 No 2 (2022): July-December, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v1i2.59062

Abstract

This paper explores the complex landscape of religious freedom in Russia and Indonesia, despite constitutional guarantees in both nations. In Russia, historical legacies and state control have led to restrictions on religious pluralism, particularly affecting minority faiths and dissenting voices. The Orthodox Church's influence and government policies often contradict formal protections, creating a paradoxical environment. Similarly, in Indonesia, despite its religious diversity, state regulations, societal norms, and religious identity intersect to challenge genuine religious freedom. Discrimination and persecution against religious minorities persist amidst political interests and cultural tensions. This discourse analyzes the underlying factors contributing to this paradoxical situation, emphasizing historical contexts, political dynamics, and socio-cultural complexities. It underscores the need for nuanced approaches beyond legal frameworks to address deeper societal attitudes and power structures. By reflecting on these cases, this discourse prompts broader discussions on global religious freedom, advocating for genuine respect for religious diversity as a fundamental aspect of democracy and human rights. Understanding the complexities in Russia and Indonesia illuminates the challenges and opportunities for advancing religious freedom globally.

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