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

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The Meaning and Implication of ICCPR Ratification to Religious Freedom in Indonesia

Authors
Saru Arifin
Corresponding Author
Saru Arifin
Available Online November 2017.
DOI
10.2991/iclj-17.2018.40How to use a DOI?
Keywords
The Freedom Of Religion; Human Rights Law; ICCPR; Ratification;
Abstract

Indonesia has officially ratified the ICCPR in 2005. This Covenant is one of the basic human rights law instruments in the United Nations. This paper is aimed to review the implication of the Covenant to human rights law system in Indonesia in general, and particularly for the religious freedom. Unfortunately, the violation on behalf of the religions has enormously increased since 2005 until present. The result of the research reveals that human right laws related to freedom of religion in Indonesia, such as the President Decree Number 1 year 1965 on the Prevention of Blasphemy substantially needs to be harmonized with the ICCPR. This is because the national law harmonization is required as a consequence of the Covenant either substantially or formally. In this context, the Covenant transformation to national law was stagnant. The ratification of the Covenant only finished as an official action; in fact, it needs the following actions such as harmonization and socialization to the state apparatuses. Hence, the differentiation interpretation of the religious freedom has become among scholars and state apparatuses, and in particular case it impacted to the violation of any religion's followers.

Copyright
© 2018, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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<Previous Article In Volume
Volume Title
Proceedings of 1st International Conference of Law and Justice - Good Governance and Human Rights in Muslim Countries: Experiences and Challenges (ICLJ 2017)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
November 2017
ISBN
978-94-6252-469-9
ISSN
2352-5398
DOI
10.2991/iclj-17.2018.40How to use a DOI?
Copyright
© 2018, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Cite this article

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AU  - Saru Arifin
PY  - 2017/11
DA  - 2017/11
TI  - The Meaning and Implication of ICCPR Ratification to Religious Freedom in Indonesia
BT  - Proceedings of 1st International Conference of Law and Justice - Good Governance and Human Rights in Muslim Countries: Experiences and Challenges (ICLJ 2017)
PB  - Atlantis Press
SP  - 193
EP  - 198
SN  - 2352-5398
UR  - https://doi.org/10.2991/iclj-17.2018.40
DO  - 10.2991/iclj-17.2018.40
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