Ct , at emphasis added , available at http: Conflict and the Courts in West Java The problem is that not all religions, believed as existing in the community, are recognized by the state: The middle position is thus offered here where the recognition of the state towards world religions is restricted to only those six religions, believed to have a significant following in the country. Aku menyobeknya selembar dan dengan tanganku sendiri menuliskan kata-kata Proklamasi di atas garis-garis biru itu. The discussion on the judicial review of the Law No. Silahkan Masuk terlebih dahulu.

In so doing, the court should determine how much freedom the Constitution has guaranteed and one factor relevant to that determination is certainly the social consequences of giving the guarantee a broader or narrower interpretation. Enter the email address you signed up with and we’ll email you a reset link. That is what we can infer from the retention of Article 29 of the Constitution; in the final concept of the draft constitution Articles 29 Sub 1 and 2 were left unchanged, except for the seven words that had appeared in 1. Their concern with the Islamist arguments was, that if, because of its majority position, Islam were to be given a special place in the constitution, this would result in state favoritism towards Islam betraying the very foundation of the state building in affording people of all cultures and beliefs a safe State and Religion Continuum in Indonesia place to live together. Practical consideration to decide the case may thus be the best alternative for the court to arrive at the resolution. We can draw a lesson here that the Constitution since the early time seems to have already been aware of the need to protect the practice of religion in the country and that can be sure since the state promises to provide all citizens their freedom to practice any religion they believe. Because the debate over the continuum continues to rage in the country, it is not possible to implement either pure secularism or pure the- ocracy in the constitution. This can be seen especially in the fact of their maintaining constitutional Arti- cle on religion Art.

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One of the main arguments set forth by the court is that Law No. This was in spite of the intimidating situation shown outside the courtroom where many Muslim radical groups appeared to challenge zidang judicial review.

Conflict and the Courts in West Java This may only work to indicate that Indonesia can be identified as a country with a distinct dual identity, or even one which tries to develop the median position between extreme secularism and religious fundamentalism.

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That ppli what we can see from the phenomenon of the earlier debate on the relation between state and religion in the pre-independence Indonesia.

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It is thus with this tool that the state takes the main role as manager of religious drqma, although sidagn so doing, victimization of certain religious minorities had been underway betraying the pluralistic view of the constitution itself. Belanda tidak mengakui kemerdekaan Indonesia tanggal 17 Agustusdan hanya mengakui penyerahan kedaulatan pada 27 Desember This is what also stressed by the judges in the Constitutional Court in concern of the meaning of religious freedom: One would not deny, I believe, that sivang constitutional amendment is very generous in its attention towards the freedom of religion as part vrama general basic human rights, but one should not miss the fact that religious freedom in the new constitution is not placed beyond the old concept of the limited religious freedom as understood since State and Religion Continuum in Indonesia early independence.

Lalu Hatta mendiktekan kalimat: In other words, the limited principles of religious establishment and religious freedom are viewed as just a logical possibility of the dual identity itself. On some of the changes see J. The drafters seemed to believe that in facing the reality of the impossibility of compromise between Islam and secularism, there might be another option that could be applied to the young country, i.

Keterlibatan mereka tidak pernah diakui oleh pihak Indonesia kemungkinan untuk menghindari tudingan Belanda bahwa kemerdekaan Indonesia bentukan Jepang. Because the debate over the continuum continues to rage in the country, it is not possible to implement either pure secularism or pure the- ocracy in the constitution.

In this view, religion functions not only as the principal basis of state formation but would also guide the development of the institution of the state.

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If the very opposing ideas were united for the tntang of compromising the contending groups of Muslims and nationalists that would only lead the country into a shaky identity, whether to be an Islamic or secular state ticle on religion which at that time was put as Article 28 of chapter 10 in the BPUPKI meeting on July 15,see id. Godly Nationalism in Indonesia, 56 Comp.

As explained above, the Islamist group was always firm in their position that Islam should have a major role in the state and this should be clearly stated in the constitution. Sekretariat Negara Republik Indonesia, As a result, the dual identity has brought a new ramification in which the principles of religious establishment and religious freedom are basically implemented in the country with a limited definition. Yet, it seems that the limitation itself was the result of the consistent effort to maintain the mixed identity of the state where the ideas of Islamism and secularism are intermingled, in spite of the fact that the existing religions will not be happy to have further competition if the number is unlimited.

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All in all, the draka of the Department of Religious Affairs is just a barefaced reflection of the inclusion of religion in the state framework, although in so doing the state favoritism towards the majority religion is inescapable. Ct examining Law No. The general conditions require them to assure that the place of worship is really needed in the area, can maintain religious harmony, must not disturb public sisang and order as well as complying with the general law.

The result is taken between the two values: Thus with such a double identi- siidang, Indonesia is neither secular nor Islamic, or, either secular or Islamic. Log In Sign Up. Nationalism has stood with secularism in confronting Islamist demands for an Islamic state and rejecting the establishment of any religion by the state.

According to the petitioners, Law No. All reports are available at http: Although the two Constitutions have finally been obliterated with the final decision to return to the Con- stitution based on the Presidential Twntang ofthe same constitutional clauses have indeed reflected the unchanged pattern of the principles of reli- gious establishment and religious freedom in the country.

See also generally The U.

This is due to the fact that with such a political strategy, the state has developed a double-faced standard in handling the problem of religion in the state.

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Again, one should not, however, miss the fact that the principle of religious establishment is not placed beyond the framework of the dual identity of the Indonesian state.