SKRIPSI
HARMONISASI DALAM PENGATURAN PENDIRIAN RUMAH IBADAH DAN KEBEBASAN BERAGAMA: IMPLEMENTASI PERATURAN BERSAMA MENTERI AGAMA DAN MENTERI DALAM NEGERI NOMOR 9 DAN 8 TAHUN 2006
Religious freedom is a fundamental human right guaranteed by the
constitution and laws in Indonesia. Although the 1945 Constitution and various
laws guarantee freedom of religion and worship, its implementation still faces
challenges, especially regarding the establishment of houses of worship. Several
incidents such as the Ahmadiyah case in Tasikmalaya and GKI Yasmin in Bogor
demonstrate conflicts between protecting religious freedom and government efforts
to control houses of worship. This raises questions about: (1) how legislation
regulates the establishment of houses of worship in the context of religious freedom
from a human rights perspective; (2) how the establishment of houses of worship
by the government can affect religious freedom; and (3) how to harmonize
legislation in regulating the establishment of houses of worship when aligned with
human rights principles in Indonesia. Analysis of these issues is necessary to
understand the challenges and opportunities in realizing fair and balanced law
enforcement related to the supervision of houses of worship, while maintaining
religious freedom as a fundamental human right.
This research uses a normative legal method with a descriptive approach,
focusing on the analysis of positive law related to the establishment of houses of
worship and religious freedom. The research stages include literature and field
studies, with data collection techniques through legal document review and
interviews. Data sources include primary legal materials (legislation), secondary
(books, journals), and tertiary (dictionaries, internet). Data analysis is carried out
in a qualitative juridical manner, producing descriptive data processed through
deductive and inductive conclusion processes. This research aims to understand the
harmonization between the establishment of houses of worship and religious
freedom from a human rights perspective, considering aspects of the legal
framework, ethics, and implementation strategies.
Indonesia has various laws and regulations governing religious freedom
and the establishment of houses of worship, but their implementation still faces
many challenges and conflicts. Improper establishment of houses of worship can
trigger various serious problems, including human rights violations and threats to
national unity. To achieve harmonization between regulating the establishment of
houses of worship and religious freedom, a balance is needed between legal
certainty, legal benefits, and legal justice, as well as consideration of the local
socio-cultural context. The Ahmadiyah case in Tasikmalaya serves as a concrete
example of the challenges in harmonizing these regulations, where their application
is considered to limit the religious freedom of minority groups and trigger conflicts.
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