PELANGGARAN HAK ASASI MANUSIA TERHADAP KELOMPOK AGAMA DAN PENGANUT KEPERCAYAAN DI INDONESIA

Authors

  • JONI JAHAMOU

Abstract

This thesis aims to analyze the actions taken by law enforcement officials
in dealing with human rights violations against the right to freedom of religion
and belief in Indonesia and the efforts made by the government in providing legal
protection to victims of human rights violations against freedom of religion and
belief in Indonesia.
This type of normative juridical research is descriptive with a statutory
approach. Data sources use secondary data. Data analysis by examination,
grouping, processing, evaluated and concluded. Data analysis uses grammatical
and theological interpretation methods.
The results of the study stated that the rise of human rights violations
related to freedom of religion and belief in Indonesia was caused by the police's
lack of assertiveness in implementing protection for minorities and the presence
of security forces not being quick to prevent or sending too few security
personnel. Besides that, human rights violations related to freedom of religion and
belief, with the issuance of Regional Regulations that support the occurrence of
acts of discrimination in relation to freedom of religion and belief. The existence
of government institutions also plays a role in violating the rights and religious
freedom of minorities. These state institutions include the Ministry of Religion,
the Coordinating Board for the Controlling of Community Trust (Bakor Pakem)
under the Attorney General's Office.
Efforts made by the government in providing legal protection to victims of
human rights violations against freedom of religion and belief in Indonesia have
been realized by improving the system in the Criminal Court, so that the
perpetrators can be legally processed by law enforcement officers (police,
prosecutors and judges). The government provides compensation for victims of
gross human rights violations decided by the human rights court. Whereas the
right of restitution for victims of a criminal offense is decided by the court, in this
case the District Court. Other efforts that can be done are the regional government
is obliged to facilitate the "availability of locations" for the construction of houses
of worship when the signature requirements are met. For this reason, the police
must be firm in religious violence, focusing on the perpetrators of violence, not
victims of violence, with criminal penalties for the perpetrators. commensurate
with the severity of the crime and taking disciplinary action against all
government officials, including the minister of religion, who make statements or
engage in actions that promote discrimination or declare religious violence.

Keywords: Violations, Human Rights, Religious Groups and Believers

Published

2022-03-24