Contemporary Issues on Interfaith Law and Society
The CIILS is also dedicated to publish an innovative research on and study of the interactions that take place within and between religious communities in the law and policy context by multidisciplinary perspectives including politics, economics, theology, psychology, and other related topics.
Articles
20 Documents
<![CDATA[Legal Discourse on Contract Marriage in Indonesian and Islamic Law ]]>
<![CDATA[ Contemporary Issues on Interfaith Law and Society Vol 1 No 1 (2022): January-June, 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/ciils.v1i1.56710
<![CDATA[This study is intended to analyze the contract marriage in Indonesian Legal system and Islamic Law. The method for this study is comparative law approach. This study highlighted that marriage of contracts in Indonesia is difficult to record. Because the marriage of the contract is carried out in addition to not being recorded by formal judicial is not regulated in any regulation so it can be said that the marriage contract in Indonesia is not recognized and does not apply the law. Also, in Islamic law also does not allow the existence of contract marriage is based on the words of the Prophet Muhammad SAW. The marriage of the contract also has many consequences to the wife and the offspring of the marriage of the contract.]]>
<![CDATA[Inter-Religious Marriage: A Controversial Issue in Indonesia ]]>
<![CDATA[ Contemporary Issues on Interfaith Law and Society Vol 1 No 1 (2022): January-June, 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/ciils.v1i1.56711
<![CDATA[Different religious marriages we often encounter during society especially among the affluent and celebrities. This kind of marriage has been done by Muslim men married to non-Muslim women or otherwise Muslim women married to non-Muslim men. Sometimes in response we only follow the understanding of some people who greatly glorify freedom in all fields (Liberal), although it is in terms of a very private as well as religion. In a liberal sense the beliefs of religious differences in marriage are not a problem. Liberalism is a notion that requires the freedom of individuals in all fields. This study is intended to analyze the legal basis of inter-religious marriage or mixed marriage in Indonesia. This study highlighted and found that inter-religious marriage is become complicate problem when trying to determine some basic rights, including the property, child, and the others.]]>
<![CDATA[Legal Protection for Tolerance and Freedom Among Religious People in Indonesia ]]>
<![CDATA[ Contemporary Issues on Interfaith Law and Society Vol 1 No 1 (2022): January-June, 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/ciils.v1i1.56712
<![CDATA[Legal protection given by the state of Indonesia to the followers of religion as has been stated in the first principle of Pancasila the divinity of the Almighty, in which the state of Indonesia, although not a country based on a particular religion, but the state of Indonesia is a religious country, so that every adherent of religion guaranteed their rights and legally protected from all actions that harm the adherents of that religion. Legal protection has been contained in the 1945 Constitution of the State of the Republic of Indonesia in Article 28 E, 28 J and Article 29. The rights and freedom of religion may be limited to its fulfillment if it has the potential to interfere and interfere with the rights and freedoms of others. This is in accordance with the principle of harm-principle proposed by Jhon Stuart Mill and the view of Asma Jahangir who argued that the concept of restriction of religious freedom is only at the level of the external forum.]]>
<![CDATA[Analysis Protection of the Right to Freedom of Religion in Prohibition of Worship at Al Aqsa Mosque by Israeli Police to Palestinians ]]>
<![CDATA[ Contemporary Issues on Interfaith Law and Society Vol 1 No 1 (2022): January-June, 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/ciils.v1i1.56713
<![CDATA[Palestinian Muslims complied with the clerics' call for a boycott by not entering the Aqsa Mosque compound on 2017 instead of protesting outside the compound of the shrine. The action comes after Israel tightened security by installing metal detectors into the compound after an attack that killed two policemen. As a result of this boycott, the aqsa mosque complex is very quiet. There are very few tourists and visiting Jewish visitors. Meanwhile, Muslims choose to perform the Prayers and rally outside the Haram al-Sharif Complex which includes the Dome of and the Aqsa Mosque. Hundreds of pilgrims perform Dzuhur prayers outside the main gate to the complex. Meanwhile a number of protesters held a similar demo in the same location. They shouted concerns over Israeli policy. But the authorities immediately drove them away. According to reports received by foreign media, a number of Palestinians were injured in the clash. In the local Israeli television station broadcast show, riot police beat and kicked the protesters who were mostly Palestinian Muslims. Once closed, the Israeli authority’s re-open access to the Aqsa Mosque in 2017. However, visitors must go through a series of security checks, including metal detection. A number of surveillance cameras and guard posts are positioned at several access points within the Aqsa Mosque complex. Before the closing of the Aqsa Mosque caused the Palestinian Muslims to be forced to perform the Friday prayers on the streets outside Jarusalem's walls. It was the first time in 50 years, the Aqsa Mosque and all road access leads to the mosque is closed to the public. This study is Intended to analyze the prohibition of workship practices in Al Aqsa Mosque In the perspective of human rights and freedom of religion.]]>
<![CDATA[Participation of Judicial Decisions as The Form of The Implementation of Moral Values in Case Statement Based on Rechtvinding Activities and Negative Wetjlike Theorie ]]>
<![CDATA[ Contemporary Issues on Interfaith Law and Society Vol 1 No 1 (2022): January-June, 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/ciils.v1i1.56714
<![CDATA[The judge is the spearhead as well as the parameter of justice test conducted by the justice seekers. One of them through decisions issued by the judge, many things that need to be considered and considered by the judge in deciding a case, especially because the justice is universal and the science of law which is a science that is multidisciplinary means not monotonous or only limited to eyeglasses or juridical point of view only but need to pay attention to other values that live, grow, and develop in society both written and written. Article 16 and 28 of Law Number 4 Year 2004 as already amended into Law mandates that judges are prohibited from refusing cases that enter the Court under the pretext that the law does not regulate, it is unclear but is obliged to examine and decide upon the case. Then in article 28 explained that the judge must dig the values that exist in society. This is to ensure a sense of justice for the community because the law is not what is contained in the law alone but also pay attention to other laws that are Living Law and Unwritten Law in the form of habits that exist in society, customs, or traditions is still acknowledged and lives, grows, and develops with the community based on the mandate of Pancasila and the Constitution of the Republic of Indonesia which is accommodated in Article 18 B Paragraph (2) that "the state recognizes and respects the unity of society as long as it exists within the community" in its legal considerations shall explore and include these values for the implementation of social justice for all Indonesian people. So, the judge's conviction in deciding a case also greatly affects the content of the decision so as not to negate the existing morality as a unity of values that live and grow in society. HLA Hart acknowledges that law and morals have a very close relationship, even Hart reveals that between law, justice and morality has a very close relationship, even one of the aspects of justice, namely administrative justice, in the law of the minimum nature of law and morality.]]>
<![CDATA[Restrictions and Prohibition of the Use of Hijab on Company Employees: A Human Rights Analysis ]]>
<![CDATA[ Contemporary Issues on Interfaith Law and Society Vol 1 No 2 (2022): July-December, 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/ciils.v1i2.58144
<![CDATA[Discourse regarding the prohibition of the use of headscarves in companies has become dillematic issues in human rights. This study aims to analyze the prohibition of the use of headscarves in companies in the context of human rights by analyzing and comparing some laws and regulations. This study found and confirmed that although the views on human rights in each country are different, there is one basic right that all human beings must have, namely natural rights that all human beings have. One of these natural rights is the right to freedom of religion. In the 1945 Constitution the right to freedom of religion is regulated in Article 28E paragraph (1), Article 28E paragraph (2), and Article 29 paragraph (2) of the 1945 Constitution. Even in labor relations in Indonesia, Law No. 13 of 2003 concerning Manpower confirms with regard to discrimination against veiling while working, that every worker/laborer has the right to receive equal treatment without discrimination from employers. In addition, several regulations issued by the United Nations which regulate freedom of religion for all mankind include the Charter of the Declaration of Human Rights, the 1948 Declaration of Human Rights, the ICCPR (International Covenant on Civil and Political Rights), and CEDAW (Convention on Elimination of All Forms of Discrimination Against Women).]]>
<![CDATA[Pros and Cons of Removing the Religion Column in Indonesian Identity Cards (Analysis of the Impact and Regulation on Human Rights) ]]>
<![CDATA[ Contemporary Issues on Interfaith Law and Society Vol 1 No 2 (2022): July-December, 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/ciils.v1i2.58146
<![CDATA[The removing of the religious column on the national identity card raised pros and cons. has begun. In one side, there are many beliefs cannot be accommodated by the administration system in religion colomn, but in the other sides, the provision of the beliefs protection instead if religion is still bias. This study aims to analyze the pros and cons of removing of religion identity at the national identity card. The method used at this study is literature study with some comparative analysis of laws and regulations concerning the freedom of religion and belief both national and international legal system. The study found that initially, the aim of removing the religion column was to accommodate the rights of adherents of beliefs, which began to spread to the idea of eliminating the religion column for all religious communities in Indonesia. This study also found that after the issuance of the Constitutional Court decision No. 97/PUU-XIV/2016, adherents of a belief can list their belief in the column of religion on their identity cards. The decision claimed to recognize and include religious beliefs as a new identity column on the KTP is a significant development of the government's commitment to guaranteeing equal rights for all Indonesian people regardless of diversity of religions and beliefs. Furthermore, guarantees for freedom of religion and belief are strictly regulated in Article 28 E and 29 paragraph (2) of the 1945 Constitution. In addition, these guarantees are also regulated in the Law on Human Rights and the ICCPR.]]>
<![CDATA[Protection of Indigenous Peoples (Local Beliefs) in the Context of Human Rights in Indonesia ]]>
<![CDATA[ Contemporary Issues on Interfaith Law and Society Vol 1 No 2 (2022): July-December, 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/ciils.v1i2.58319
<![CDATA[This study aims to analyze the protection of indigenous peoples and local beliefs in the dimensions of human rights in Indonesia in a global context. Thisy sudy compared some laws and regulations related to the protection for indegenous peoples and local beliefs both national legal system and international conventions. The study found and higlighted that Article 28E and Article 29 paragraph (1) of the 1945 Constitution of the Republic of Indonesia have guaranteed freedom for every citizen to embrace religion and worship according to their respective beliefs, accompanied by the state's obligation to protect every citizen to worship according to their respective beliefs, including local religions. In addition, the Constitutional Court Decision Number 97/PUU-XIV/2016 concerning Judicial Review of the Population Administration Law, the Panel of Judges granted the lawsuit against Article 61 of Law Number 23 of 2006 and Article 64 of Law Number 24 of 2013 concerning Population Administration wich accommodate the local belief on the national administration system. In the global context, freedom of religion including having local beliefs is also regulated in the Universal Declaration of Human Rights Article 18, the International Covenant on Civil and Political Rights, and even the regulation of freedom of religion or belief in more detail is also regulated in the Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion in 1981.]]>
<![CDATA[The Challenges of Religious Harmony and Tolerance in Developing Countries ]]>
<![CDATA[ Contemporary Issues on Interfaith Law and Society Vol 1 No 2 (2022): July-December, 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/ciils.v1i2.59060
<![CDATA[This study aims to analyze how the challenges of religious harmony and tolerance in Indonesia are in the social and legal aspects. This study uses a literature study approach by comparing several legal regulations and previous research related to secondary data. This study found that religious harmony is a state of inter-religious relations based on tolerance, mutual understanding, mutual respect, respect for equality in the practice of their religious teachings and cooperation in social, national and state life within the Republic of Indonesia based on Pancasila and the 1945 Constitution of Indonesia. The right to religion (to embrace and practice worship) guaranteed by the Constitution and other laws is not a right that can be exercised at will. This means that there are certain signs or conditions so that the exercise of that right does not interfere with the rights of other people, the security and order of the community, the state and the nation; in other words, there are restrictions that must be considered by residents. This limitation is in Article 28J paragraph (2) of the 1945 Constitution in conjunction with Article 73 of the Human Rights Law. Article 28J paragraph (2) stipulates that in exercising their rights and freedoms, everyone is obliged to comply with the restrictions determined by law with the sole purpose of guaranteeing recognition and respect for the rights and freedoms of others and to fulfill fair demands in accordance with moral considerations, religious values, security, and public order in a democratic society.]]>
<![CDATA[A Pseudo Freedom for Faith: A Discourse of Religious Freedom in Russia and Indonesia ]]>
<![CDATA[ Contemporary Issues on Interfaith Law and Society Vol 1 No 2 (2022): July-December, 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/ciils.v1i2.59062
<![CDATA[This paper is a study or comparative study between Indonesia and Russia on the regulation of one of the fundamental rights in human rights, namely the right to freedom of religion. As a constitutional state based on law, Indonesia and Russia have made arrangements for this in their constitutions, the most basic of which is contained in the 1945 Constitution (Indonesia) and The Constitution of the Russian Federation (Russia). General rules such as human rights play an important role as an instrument that ensures the preservation of the rights of citizens and the implementation of state functions to fulfill these rights. The right to freedom of religion is one of the rights guaranteed in Article 19 of The Constitution of the Russian Federation, and the 1945 Constitution. Article 19 of the Russian constitution states that The State shall guarantee the equality of rights and freedoms of man and citizen, regardless of sex, race, religion, and also of other circumstances. All forms of limitations of human rights shall be banned. And Article 28I paragraph 1 of the 1945 Constitution states that the right to religion is stated as a right that cannot be reduced under any circumstances, as well as the right to life, the right not to be tortured, the right to freedom of thought and conscience, the right not to be enslaved, the right to be recognized as a human being. person before the law, and the right not to be prosecuted on the basis of retroactive law.]]>
