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Legal Protection of the Constitutional Rights of the Indigenous Faith Believers in Indonesia

Muhammad Yusrizal Adi Syaputra and Mirza Nasution

Pertanika Journal of Social Science and Humanities, Volume 28, Issue 2, June 2020

Keywords: Constitutional rights, Indigenous faith believers, legal protection

Published on: 26 June 2020

The State has a responsibility for preventing the violation of the indigenous faith believers. Violations occur in the form of discrimination and coercion such as the forced embracing of a particular religion, there is no religious column in the identity card, lack of public, law, health and education services. Indigenous faith believers fight against the discrimination by filling a petition to the constitutional court based on the principles of freedom of religion. The Constitutional Court granted this petition through Decision Number 97/PUU-XIV/2016. However, the Constitutional Court Decision has faced obstacles in its implementation. The government responses to the Constitutional Court Decision by enacting the Regulation of the Minister of Home Affairs Number 118 of 2017 concerning Family Card Forms, Registers, and Civil Registration Deeds. This regulation allows indigenous faith believers to get their religious status in the ID card, marriage certificates, health insurances, poverty certificates, and registration as voters for the general election. This research aims to investigate the State Position in the fulfillment of the Constitutional Rights of the indigenous faith believers and how the decision is being implemented and the obstacle in implementing the decision. Based on constitutional theory analysis, this research argues that the constitutional court decision has a fundamental role to fulfil the legal status of indigenous faith believers as the Indonesian citizen, while the implementation of the decision has been taking slow progress.

ISSN 0128-7702

e-ISSN 2231-8534

Article ID

JSSH(S)-1157-20

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