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Freedom of religion: constitutional perspectives

Freedom of religion: constitutional perspectives. Professor Simon Butt International seminar, LIPI 19 August 2019. Freedom of religion: constitutional perspectives. Religious Freedom in the Constitution. Preamble: Pancasila

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Freedom of religion: constitutional perspectives

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  1. Freedom of religion: constitutional perspectives Professor Simon Butt International seminar, LIPI 19 August 2019

  2. Freedom of religion: constitutional perspectives

  3. Religious Freedom in the Constitution Preamble: Pancasila The state is based on … Belief in Almighty God (Ketuhanan yang MahaEsa). Article 29: • The State shall be based upon Belief in Almighty God. • The State guarantees all persons the freedom of religion (memelukagamanya), each according to their own religion and beliefs (kepercayaan). Article 28E: • Each person is free to profess their religion and to worship in accordance with their religion ... Each person has the freedom to possess convictions and beliefs, and to express their thoughts and attitudes in accordance with their conscience. Article 28I(1): • the right to have a religion (hakberagama)…cannot be limited under any circumstances.

  4. Restrictions on Freedom of Religionin the Constitution Article 28J(2): • In carrying out his or her rights and freedom, every citizen has the responsibility to abide by the restrictions set out by legislation protecting the rights and freedoms of others and which accords with moral considerations, religious values, security and public order in a democratic society • Constitutional Court has made it very clear in successive cases that Art 28J(2) allows the government to legislate in ways that limit citizens’ freedoms to follow their religious beliefs. • Establishes direct conflict of rights between the religious rights of individuals and the religious rights of others. • Despite the wording, the Constitutional Court has in several cases held that Article 28I(1) rights are not absolute (Soares and Bali 9)).

  5. Constitutional Court decisions • Religious Courts case (2008) – Religious courts should not be limited to adjudicating family matters. REJECTED. • Polygamy law case (2007) – Restrictions on polygamy limited freedom of religion. REJECTED. • Blasphemy Law case (2009) – state can limit religious expression in public interest. • Application of Article 28J(2)?

  6. Beliefs case • Followers of indigenous beliefs (penghayatkepercayaan). • Population Administration Law provisions about the information Family Cards and KTPs must include. • If no recognised religion, leave religion column blank. • Court decided this was discriminatory • Decision and implementation problematic. • Ketuhanan Yang MahaEsa • ‘Penghayatkepercayaan’ v Islam / Kristen /Katolik / Hinduism / Buddhism / Confucianism • Implementation

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