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Contemporary Issues on Interfaith Law and Society
Published by Universitas Negeri Semarang
ISSN : -     EISSN : 28298624     DOI : https://doi.org/10.15294/ciils
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Contemporary Issues on Interfaith Law and Society [ISSN Print: 2829-8373 ISSN Online 2829-8624] is an open-access double blind peer-reviewed journal published by the Faculty of Law Universitas Negeri Semarang and managed by Moslem and Christian Community at Faculty of Law Universitas Negeri Semarang, Indonesia.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 36 Documents
 1   2   3   4 
Protection of Indigenous Peoples (Local Beliefs) in the Context of Human Rights in Indonesia Naufal Khaidar; Maulana Adi Nugraha
Contemporary Issues on Interfaith Law and Society Vol. 1 No. 2 (2022): Law, Religion, and Identity: Contesting Belief in the Public Sphere
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v1i2.31363

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).
Pros and Cons of Removing the Religion Column in Indonesian Identity Cards (Analysis of the Impact and Regulation on Human Rights) Bagus Edi Prayogo
Contemporary Issues on Interfaith Law and Society Vol. 1 No. 2 (2022): Law, Religion, and Identity: Contesting Belief in the Public Sphere
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v1i2.31365

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).
Restrictions and Prohibition of the Use of Hijab on Company Employees: A Human Rights Analysis Layina Shaiza; Nur Shivana
Contemporary Issues on Interfaith Law and Society Vol. 1 No. 2 (2022): Law, Religion, and Identity: Contesting Belief in the Public Sphere
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v1i2.31368

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.
The Challenges of Religious Harmony and Tolerance in Developing Countries Anggun Putri Indah Sari
Contemporary Issues on Interfaith Law and Society Vol. 1 No. 2 (2022): Law, Religion, and Identity: Contesting Belief in the Public Sphere
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v1i2.31370

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 Jeremy Zefanya Yaka Arvante; Maulana Fuad Nugraha; Ridwan Arifin
Contemporary Issues on Interfaith Law and Society Vol. 1 No. 2 (2022): Law, Religion, and Identity: Contesting Belief in the Public Sphere
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v1i2.31371

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.
A Comparative Study of Blasphemy Law in Indonesia and America: Religious and Legal Aspects Febrianti Dwi Puspaningrum; Christoper Theovino Adhi; Adrianus Sandy Darmawan Satrio
Contemporary Issues on Interfaith Law and Society Vol. 2 No. 1 (2023): Sharia and Society: Navigating Faith, Law, and Modernity
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v2i1.31372

Abstract

Blasphemy laws serve as contentious intersections of religious belief and legal governance, reflecting the complex relationship between state authority and individual freedoms. This comparative study explores the dynamics of blasphemy laws in two diverse contexts: Indonesia and the United States. Indonesia, as the world's most populous Muslim-majority nation, exemplifies a predominantly Islamic legal framework, while the United States, renowned for its constitutional protections of free speech, offers a contrasting perspective rooted in secular principles. Drawing upon religious, cultural, and legal dimensions, this research scrutinizes the origins, evolution, and enforcement of blasphemy laws in both countries. It examines the socio-political contexts that shape interpretations of blasphemy, exploring the role of religion in public discourse and legal jurisprudence. Furthermore, it delves into case studies and landmark legal rulings to discern the practical implications of blasphemy laws on religious minorities, freedom of expression, and societal cohesion. By juxtaposing these two distinct legal landscapes, this study aims to illuminate the complexities inherent in navigating religious sensitivities within legal frameworks, as well as the broader implications for human rights and democratic governance. Through an interdisciplinary approach, it seeks to foster a nuanced understanding of the multifaceted interactions between religion, law, and society, thereby contributing to scholarly discourse and policy dialogue on issues of religious freedom and legal pluralism in an increasingly interconnected world.
A Discourse of Capital Punishment in the Islamic Law and Human Rights Law Muhammad Eko Saputro; Andhika Febriansyah; Faradisya Diandra Putri
Contemporary Issues on Interfaith Law and Society Vol. 2 No. 1 (2023): Sharia and Society: Navigating Faith, Law, and Modernity
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v2i1.31373

Abstract

Capital punishment remains a contentious issue at the intersection of Islamic law and human rights law. This paper undertakes a comprehensive examination of the discourse surrounding capital punishment within these two legal frameworks. Islamic law, rooted in the Quran and Sunnah, provides guidance on criminal justice, including provisions for the death penalty in certain cases. Human rights law, on the other hand, emphasizes the protection of individuals' inherent dignity and right to life, often challenging the legitimacy of capital punishment. Through a comparative analysis, this paper explores the philosophical, theological, and legal underpinnings of capital punishment in Islamic law and human rights law. It delves into the historical evolution of capital punishment in Islamic jurisprudence and examines contemporary interpretations and applications of hudud punishments. Additionally, it scrutinizes international human rights instruments and jurisprudence, evaluating the compatibility of capital punishment with principles of human dignity and the right to life. Furthermore, this paper examines the practical implications of capital punishment within Islamic legal systems and its interaction with human rights norms. It considers case studies and legal precedents from various jurisdictions to illustrate the complexities and challenges inherent in reconciling Islamic legal principles with international human rights standards regarding capital punishment. By engaging in this discourse, the paper aims to foster a nuanced understanding of the tensions and harmonies between Islamic law and human rights law concerning capital punishment. It contributes to scholarly dialogue on the intersection of religion, law, and human rights.
Discourse on Post-Divorce Distribution of Joint Assets in the Perspective of Islamic Law in Indonesia Zainurohmah, Zainurohmah; Andini, Marcelia Puspa; Damayanti, Anisa Vira
Contemporary Issues on Interfaith Law and Society Vol. 2 No. 1 (2023): Sharia and Society: Navigating Faith, Law, and Modernity
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v2i1.31375

Abstract

The distribution of joint assets following divorce is a significant aspect of family law, particularly within the framework of Islamic law in Indonesia. This paper explores the discourse surrounding post-divorce asset distribution from an Islamic legal perspective, shedding light on the principles, practices, and challenges within the Indonesian context. Grounded in Islamic jurisprudence, the analysis delves into the principles governing asset distribution, including considerations of fairness, equity, and the well-being of family members. It examines the Quranic injunctions and Prophetic traditions that guide asset division, as well as the interpretations and applications of Islamic law by legal scholars and judicial authorities in Indonesia. Moreover, the paper scrutinizes the contemporary legal landscape and societal norms influencing post-divorce asset distribution in Indonesia. It addresses the evolving nature of family structures, economic dynamics, and gender roles, and their impact on asset division practices within Islamic law. Through a multidisciplinary approach encompassing Islamic studies, family law, and socio-legal analysis, this paper contributes to a deeper understanding of the complexities surrounding post-divorce asset distribution in the Indonesian context. By elucidating the intersection of Islamic legal principles, cultural norms, and modern legal frameworks, it aims to inform legal practitioners, policymakers, and scholars engaged in family law reform efforts and contribute to the promotion of justice and equity in family matters within Islamic societies.
Reconstruction of Sharia Tourism in the New Normal Era Through the Implementation of the Halal Tourism Concept in Indonesia Izza, Rizqiya Lailatul; Arifin, Adelia Arnanda; Anggarini, Ulifah
Contemporary Issues on Interfaith Law and Society Vol. 2 No. 1 (2023): Sharia and Society: Navigating Faith, Law, and Modernity
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v2i1.31376

Abstract

As the global tourism industry navigates through the challenges imposed by the COVID-19 pandemic, the concept of Sharia tourism emerges as a promising avenue for the reconstruction of the tourism sector, particularly in predominantly Muslim countries like Indonesia. This paper explores the potential of implementing the Halal tourism concept as a means to revive and reconstruct Sharia tourism in Indonesia amidst the new normal era. By examining the principles and practices of Halal tourism and analyzing its compatibility with the prevailing socio-cultural and economic landscape of Indonesia, this study aims to offer insights into how Sharia tourism can adapt and thrive in the post-pandemic world. Through a comprehensive review of existing literature, this paper evaluates the feasibility and effectiveness of Halal tourism in Indonesia, considering factors such as infrastructure, policy frameworks, market demand, and stakeholder collaborations. Additionally, it discusses the implications of Halal tourism for economic development, social cohesion, and sustainable tourism practices in Indonesia. The findings of this study contribute to the discourse on the reconstruction of Sharia tourism in the new normal era, providing recommendations for policymakers, industry stakeholders, and community leaders to harness the potential of Halal tourism for inclusive and resilient tourism development in Indonesia.
Granting Inheritance to Extramarital Children in the Perspective of Islamic Law Khoyum, Adlian Aldita Alif Aisyah Ainur; Amilia, Bertha; Ardana, Candra Hafidz
Contemporary Issues on Interfaith Law and Society Vol. 2 No. 1 (2023): Sharia and Society: Navigating Faith, Law, and Modernity
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v2i1.31377

Abstract

At present there are many cases of early marriage caused by a person getting pregnant before the legal marriage takes place. This incident encouraged the community to enter into legal marriages resulting in children born out of wedlock. While, in customary law if a woman gives birth to a child out of wedlock, the child will only have a civil relationship with the mother. The legal relationship that a child has only with his mother means that the child is not entitled to become the heir of his biological father's family. The purpose of this study was to determine the status of children outside of marriage according to Islamic law and marriage law in Indonesia. In addition, this study also aims to find out and analyze the position of the inheritance rights of children outside of marriage along with the distribution of inheritance rights to children outside of marriage when compared to their siblings who are children with legal marriages.

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