From Protector to Violator: Assessing the State's Role in Protecting Religious Freedom in Indonesia

Tampubolon, Manotar (2016) From Protector to Violator: Assessing the State's Role in Protecting Religious Freedom in Indonesia. International Journal of Human Rights and peace Studies,. pp. 46-66.

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Abstract

Although the Indonesian government protects, maintains, and ensures freedom of religion for minority religions in the 1945 Constitution (Undang-Undang Dasar tahun, 1945), this freedom is not necessarily applicable in the practice of religious life. On one hand, the state has a duty as protector and guarantor of freedom, while on the other hand, it turns into one of the actors violatiing the freedom of religious minorities. This article will discuss two fundamental issues that interfere freedom of religion in Indonesia in the democratic era. The first is that the state interferes with the freedom of minority religions and the second is that the state deprives minority religious groups of freedom of religion, either directly or by negligence. This article will also evaluate the basic concepts of human rights protection as non-discrimination and the equality principle as two of the most important pillars of human rights architecture, the Indonesian Constitution of 1945 as ground norm, and its derivative norms in some national procedures. In addition, this article also discusses a comprehensive state policy that discriminates against religious expression by minority religios groups. Keywords: religious freedom, minority faith, violations, state actor

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