Suchergebnisse

One of crucial issues in Muslim countries, such as Indonesia, is relation between religion and the state. Even though Pancasila and the 1945 Constitution were claimed final, but it did not necessarily mean that position of religion, state and human rights is final and clear. The negotiation between religion, state and human rights not only on political forum like at The House of Representative, but also in Constitutional Court session. There are debates and opinion contestations. The problem is what is the politics of law accommodation towards religious aspirations, which the Constitutional Court has built through its decisions and arguments? Through analysis on two issues: 1) freedom of religion and belief; and 2) marriage law, this article argues that Constitutional Court's decision, especially relation between religion, state and human rights not only based on law consideration, but also on non-law consideration. Regarding private law, the Constitutional Court opened a fairly wide accommodation, so that more religious aspects would be accommodated by the state even with limited reforms. The limit of accommodation is an Islamic criminal law that cannot be made exclusively for Muslims. The accommodation of Islamic criminal law is only possible if the norms are incorporated into the national criminal law through a process of rational objectification. Based on this argument, continuous negotiation and contestation between religion, state and human rights will go on since Indonesia is not a religious state, which is based only on one religion, nor a secular state, which does not consider religion at all.Salah satu isu krusial di negara Muslim, tidak terkecuali Indonesia, adalah relasi agama dan negara. Meskipun Pancasila dan Undang-Undang Dasar 1945 dinyatakan final, namun bukan berarti kedudukan agama, negara, dan hak asasi manusia sudah final dan jelas. Perundingan antara agama, negara dan hak asasi manusia tidak hanya di forum politik seperti di Dewan Perwakilan Daerah (DPR), tapi juga di sidang Mahkamah Konstitusi. Ada perdebatan dan kontestasi pendapat. Persoalannya, bagaimana politik akomodasi hukum terhadap aspirasi agama yang dibangun Mahkamah Konstitusi melalui putusan dan dalilnya? Melalui analisis terhadap dua isu: 1) kebebasan beragama dan berkeyakinan; dan 2) hukum perkawinan, pasal ini berpendapat bahwa putusan Mahkamah Konstitusi khususnya hubungan antara agama, negara dan hak asasi manusia tidak hanya berdasarkan pertimbangan hukum, tetapi juga pertimbangan non hukum. Terkait hukum privat, Mahkamah Konstitusi membuka akomodasi yang cukup luas, sehingga lebih banyak aspek keagamaan yang diakomodasi oleh negara meski dengan reformasi yang terbatas. Batasan akomodasi adalah hukum pidana Islam yang tidak dapat dibuat secara eksklusif untuk Muslim. Akomodasi hukum pidana Islam hanya dimungkinkan jika norma-norma tersebut dimasukkan ke dalam hukum pidana nasional melalui proses objektifikasi yang rasional. Berdasarkan argumen ini, negosiasi dan kontestasi yang terus menerus antara agama, negara dan hak asasi manusia akan terus berlangsung karena Indonesia bukanlah negara agama yang hanya didasarkan pada satu agama, bukan pula negara sekuler, yang sama sekali tidak mempertimbangkan agama.

This paper attempts to examine to what extent the verdict of the Indonesian Mahkamah Konstitusi on the judicial review about the Law No. 1/PNPS/1965 on the eradication of blashphemy and defamation on religion has given perspective on the religious freedom and defamation of religion. It argues that the term 'penodaan agama' defined in the Indonesian Criminal Law is vague and has not clarified such relevant concepts as blashphemy, defamation of religion, and hatred speech. In fact, these three concepts are interchangeablely and chaotically used in this law. It also concludes that the Mahkamah Konstitusi has failed to take 'middle way' as to bridge and accommodate several interests retained in this legal attempt of judicial review and the Mahkamah Konstitusi takes not only constitutional but also political issues for its legal considerations, demonstrating that MK has obliviously revived the political ideology of 'Piagam Jakarta'.

Is religion possible to grow without any authority? Generally people responded the question with two speculative answers: "religion can be and grow without any authority" and "religion can not be and grow without any authority". The first opinion is based on the argumentation that religion constitutes a divine total comprehension. It does not need any other than the submission of human being to God. Meanwhile, the second opinion is based on the argumentation that religion constitutes individual rights to communicate and submit to God, but in social sphere the development of religion needs "distributors" having credibility to speak and transmit religious messages. However, in fact, religious authority is not a static one, but dynamic. Levels of religious authority and inter relation between the authority levels is a part of the dynamics.

After President Soeharto stepped down, ABRI was included as an institution condemned by the people, demands for self-reform emerged from all elements of society, this was also related to past wounds from ABRI's cases of actions which ultimately resulted in violations of Human Rights. The journey of the TNI Reform has been going on for about 15 years, but until now the TNI Reformation has not been successful, only a few changes in the field of policy and the loss of the political role of the TNI, the rest has not been significant (real) change. Researchers want to examine the relationship between TNI Reform and human rights violations that occurred. The initial objective was to find out if, after the TNI Reform, violations and the arbitrariness of the TNI were gone? But in the end, the researcher found the conclusion from his research that there is a very close relationship between human rights violations that still occur with informal and illegal business activities of the military. The author then re-links human rights violations with military business activities that are still reigning because of the Territorial Command structure (Koter) where military business and the Territorial Command structure are homework reforms of the TNI which until now has not yet been resolved. This research uses a historical approach by explaining the journey of TNI Reform, Human Rights, then the researcher classifies several acts of human rights violations by the army and looks for the causes of human rights violations committed by the army to civil society.

Hate speech issues have become one of interesting topics disscussed by academics of different disciplines since two decades ago. The studies employ various perspectives such as linguistics, sociology, anthropology, psychology, politics, law and even media and communication, making the theme an interdisciplinary study. One of prominent and comprehensive studies on hate speech in US from 1920s to the end of twenty century using social and political history perspective is one written by Samuel Walker (1994), a professor in University of Nebraska, Omaha, AS. Walker focused the study on social context and groups interrelation, prejudice and discrimination as political issues, and attempts to control hate speech through legal institutions. Started from terminology analysis like "race hate", "group libel", or "racist speech", Walker then proposed a definition of hate speech and its related expressions such as race, ethnic, religious groups, minority, age, marital status, physical capacity, sexual preference and sex

Hate speech issues have become one of interesting topics disscussed by academics of different disciplines since two decades ago. The studies employ various perspectives such as linguistics, sociology, anthropology, psychology, politics, law and even media and communication, making the theme an interdisciplinary study. One of prominent and comprehensive studies on hate speech in US from 1920s to the end of twenty century using social and political history perspective is one written by Samuel Walker (1994), a professor in University of Nebraska, Omaha, AS. Walker focused the study on social context and groups interrelation, prejudice and discrimination as political issues, and attempts to control hate speech through legal institutions. Started from terminology analysis like "race hateâ€, "group libelâ€, or "racist speechâ€, Walker then proposed a definition of hate speech and its related expressions such as race, ethnic, religious groups, minority, age, marital status, physical capacity, sexual preference and sex

based on the facts phenomena in getting the resuts obtained in the field of military eadership style in enforcing discipline military members of the implementation is not purely military, found many things that affetct the interpretation of the results of the situation through the relationship of leaders and members in the discipline, the discipline interpretation of the situation there is synergy leader and follower is obtained from the process of interaction, a dominant factor in their mission together.