Proceedings of 1st International Conference of Law and Justice - Good Governance and Human Rights in Muslim Countries: Experiences and Challenges (ICLJ 2017)

State Legal Protection on Freedom of Religion: a Myth

Authors
Rini Fidiyani
Corresponding Author
Rini Fidiyani
Available Online November 2017.
DOI
https://doi.org/10.2991/iclj-17.2018.24How to use a DOI?
Keywords
Freedom of Religion/Belief; Inter-Religious Conflict; Tolerance; Legal Protection; Myths;
Abstract
The State does guarantee freedom of religion/belief in its constitution. However, the guarantee does not necessarily affect the people in practice. This research intended to analyze the freedom of religion/belief implementation in Indonesia. The approach method was normative and empirical. The results showed that the state does provide a legal instrument of freedom of religion/belief in its constitution, but the arrangement often found that the rule is contrary to the constitution. At the level of practice, violations of freedom of religion/belief are rampantly conducted by the state itself. In the records of religious observers, the state has become the main perpetrator in violations toward freedom of religion/ belief, and also the main supporter of non-state actors. If so, then the function of the state is no longer to protect citizens in implementing freedom of religion/belief, but as the main and first offender. This asserts that the state guarantees freedom of religion/belief as a myth. It is mandated by the constitution but not executed properly.
Open Access
This is an open access article distributed under the CC BY-NC license.

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TY  - CONF
AU  - Rini Fidiyani
PY  - 2017/11
DA  - 2017/11
TI  - State Legal Protection on Freedom of Religion: a Myth
BT  - 1st International Conference of Law and Justice - Good Governance and Human Rights in Muslim Countries: Experiences and Challenges (ICLJ 2017)
PB  - Atlantis Press
SN  - 2352-5398
UR  - https://doi.org/10.2991/iclj-17.2018.24
DO  - https://doi.org/10.2991/iclj-17.2018.24
ID  - Fidiyani2017/11
ER  -