No full-text available
To read the full-text of this research,
you can request a copy directly from the author.
KEBEBASAN BERAGAMA SEBAGAI HAK ASASI MANUSIA DI INDONESIA: PERTENTANGAN UNIVERSALISME DAN RELATIVISME BUDAYA
Abstract
Perdebatan antara universalisme dan relativisme budaya seringkali melekat dalam diskursus hak asasi manusia, dimulai dengan munculnya Deklarasi Universal Hak Asasi Manusia (DUHAM). Kebebasan beragama menjadi salah satu fokus utama dalam pusara universalisme dan relativisme budaya, karena lekatnya isu tersebut dengan nilai-nilai lokal yang ada. Indonesia menjamin kebebasan beragama sesuai dengan instrumen hak asasi internasional namun juga mempunyai regulasi yang yang tidak selaras dengan nilai-nilai inti hak asasi manusia yaitu UU Penodaan Agama 1965. Tarik-menarik antara universalisme dan relativisme budaya dalam hal ini dipengaruhi dengan perspektif agama yang primordial atau liberal. Artikel ini bertujuan untuk menemukan jalan tengah dalam memahami kedua konsep hak asasi tersebut melalui rekonstruksi instrumen kebebasan beragama yang ada dengan menjunjung tinggi prinsip menghargai sesama dan non-diskriminasi.
... These international human rights norms must be respected. This norm encompasses liberties such as the right to freedom of religion, the right to equality, and the right to be protected from being subjected to discrimination [27], [29]. International human rights norms also provide a legal basis for Indonesia to evaluate and reform regulations that are not aligned with core human rights values, such as the 1965 Blasphemy Law [29]. ...
... This norm encompasses liberties such as the right to freedom of religion, the right to equality, and the right to be protected from being subjected to discrimination [27], [29]. International human rights norms also provide a legal basis for Indonesia to evaluate and reform regulations that are not aligned with core human rights values, such as the 1965 Blasphemy Law [29]. International human rights norms also provide a legal basis for Indonesia to strengthen the protection of women's rights, such as women's political rights and the right to equality in the workplace [27], [28]. ...
This research explores the role of international human rights norms in combating discrimination and promoting equality in Indonesia. This paper examines the influence of international human rights norms on legal and policy reform, the implementation of these norms in addressing discrimination, and their overall effectiveness in the Indonesian context. Its theoretical framework includes an intersectionality approach to discrimination and recognizes the social construction of discriminatory practices. The study used a mixed methods approach, including literature review, legal framework analysis, and case studies, to provide a comprehensive analysis. Its findings show significant alignment between international human rights norms and Indonesia's legal framework. However, there are still challenges in its implementation due to limited awareness, cultural barriers, weak institutional capacity, and regional variations. The study concludes by emphasizing the importance of raising awareness, overcoming cultural barriers, and strengthening institutional capacity to strengthen the role of international human rights norms in combating discrimination and promoting equality in Indonesia.
... Pada sisi lain, kita juga sering mendengar beragama merupakan hak dasar warga negara, termasuk mempraktikkan ajaran agama dalam kehidupan sehari-hari. Beragama dipandang merupakan hak asasi individu, yang tak boleh dicampuri siapa pun termasuk oleh negara (Basuki U 2020;Prasetya and Marisi 2022;Sufyan 2023;Syathori and Himmawan 2023;Wardana 2022). Karena merupakan hak individu, maka tugas negara adalah menjamin terlaksananya hak-hak tersebut dalam kehidupan keseharian penganutnya. ...
Religion is not only a belief but also a means to make people feel the presence of God. The view of religion should be lived and practiced in daily life. In modern life, there are many ways people view religion. Others see it as something that must be practiced in daily life, while others see religious beliefs as something that must be practiced as part of the rituals of worship. Modern life presents challenges to those caught up in media technology, the crisis of meaning causes religion to no longer be considered a necessity and only a formality. Everyone has a different way of determining their life goals in the face of all forms of erosion of faith, so that there are various ways to interpret religion. There are various ways to interpret religion.
... Vol. 01, No. 02, February: pp.64-72 their own diversity depending on the traditions, culture, religion and social of each country, so that human rights according to universalism cannot always be enforced in several countries [13]. ...
In the context of positive law in Indonesia, interfaith marriage is not recognized, because according to Article 2 paragraph (1) of Law Number 1 of 1974 concerning Marriage, it is explained that a valid marriage is based on the laws of each religion and belief. However, this is not enough to accommodate the development of marriage law in Indonesia, such as in the case of Judgement Number 508/Pdt.P/2022/PN JKT.SEL whose gives permission to applicants who are bound by marriage but of different religions to register their marriage at South Jakarta Department Population and Civil Registration Agency. So based on this, this research aims to find out how the concept of universalism and cultural relativism is in the context of interfaith marriage and how is the legalization of interfaith marriage in Indonesia in the context of marriage as one of the non-derogable human rights. This research uses legal research methods. So that the results of this research found that, first, interfaith marriages in Indonesia still do not have clear and firm regulations, giving rise to legal uncertainty and legal vacuum, the principle of universalism is more relevant in the context of interfaith marriages in Indonesia than the cultural relativism concept. Second, the state can issue an Interfaith Marriage Book as a form of legalizing interfaith marriages in Indonesia and providing legal certainty.
Beragama di Indonesia merupakan hak yang diakui dan dilindungi oleh hukum, namun juga muncul perdebatan mengenai apakah beragama merupakan suatu hak atau suatu keharusan. Penelitian ini berangkat dari perkara yang teregister dengan nomor 146/PUU-XXII/2024 mengajukan gugatan terhadap aturan yang membatasi kebebasan untuk hidup tanpa beragama di Mahkamah Konstitusi. Muncul permasalahan utama, apakah memeluk agama dan kepercayaan di Indonesia hanya sebatas hak atau merupakan suatu keharusan. Penelitian ini menggunakan metode hukum normatif dengan pendekatan studi undang-undang dan analisis putusan Mahkamah Konstitusi (MK). Hasil penelitian menegaskan bahwa memeluk agama di Indonesia merupakan suatu keharusan yang berakar pada amanat filosofis dari Pancasila, khususnya dalam sila pertama "Ketuhanan Yang Maha Esa," dan secara normatif tercantum dalam dasar hukum tertinggi, yaitu Undang-Undang Dasar 1945. Putusan MK Nomor 140/PUU-VII/2009 dan Nomor 97/PUU-XI/2013 juga memperkuat pandangan ini dengan menegaskan pentingnya pengakuan dan perlindungan terhadap hak beragama serta tanggung jawab negara untuk menjamin kebebasan beragama. Maka, kajian ini berkontribusi pada pemahaman mengenai posisi kewajiban beragama dalam konteks hak asasi manusia di Indonesia.
This research discusses the critical role of kyai's charismatic leadership in mitigating religious intolerance and radicalism in pesantren. Kyai, as the primary leader in pesantren, has a significant influence in shaping the attitudes and thoughts of the santri. This research was conducted based on a field analysis study, followed by literature research incorporating various scientific arguments and information from relevant literature sources. This research was implemented at Pondok Pesantren Sabilurrosyad Gasek as a sample object, involving kyai, santri, and the surrounding community. Through his charisma and authority, the kyai can effectively convey the values of religious moderation to the santri. The approach taken by the kyai, which emphasizes the values of deliberation, balance, and tolerance, helps the santri understand religious teachings in a balanced manner and avoid radical attitudes. Islamic boarding schools also play a role in instilling religious moderation values through a well-structured religious education curriculum. Thus, the charismatic leadership of kyai is at the forefront of reducing religious intolerance and radicalism in pesantren, forming a generation of santri who understand religious teachings comprehensively and moderately, and contributing to creating an inclusive and peaceful society.
In the anthropological debate on human rights a new theoretical approach, a search for a middle ground, has been attempted to solve the dilemma of universalism versus cultural relativism. In the human rights discussion in general, and in the anthropological debate in particular, the dichotomy of universalism/relativism is seen as one major obstacle to the implementation. This article takes a critical outlook at this discussion in anthropology, arguing that there is no such middle ground between universalism and cultural relativism, neither in relation to the definition of the rights, nor the implementation. Instead, this article attempts, through an example from Borneo, to point the way to a human rights theory, called relative universalism of human rights. This is a theoretical approach integrating universalism and cultural relativism instead of trying to find some moral space in-between.
This book, first published in 2001, makes a major contribution to the theory and practice of human rights, engaging in particular with the 'Asian values' debates of the 1990s. It is especially concerned with the tension between a universal regime of human rights and its ability to accommodate diversity. Incorporating original fieldwork from Malaysia, Singapore and Indonesia, the book also draws out the significance of Southeast Asian developments for international human rights discourse. The book advances beyond the stalemate that the 'Asian values' debate has reached, developing an intermediary stance between the competing claims of universalism and relativism. Drawing on the work of Cass Sustein and Chantal Mouffe, the theoretical contribution of the book will ensure its interest to readers with an interest in human rights. This book is a definitive account of contemporary political discussions of human rights in Southeast Asia and an important contribution to the development of human rights.
Indonesia has experienced a paradigm shift during the last decade in the framework of managing societal diversity because of an increase in ethnic and religious conflict. This shift has an impact on education because school curricula must address issues of living together as a nation united despite differences in religion and ethnicity. This is especially true of the religious education curriculum. However, since the New Order era (Soeharto regime, 1966–1998), religious education has been misused by the state to limit freedom of religion and to promote a model that is not sensitive to diversity and differences. It is critical, however, that religious education be rooted in a multicultural perspective supported by theological insight.
Human rights are a “Western” construct which do not always sit comfortably within the confines of many Asian societies. This view often leads to the assumption that the “idea” of human rights is somehow more the prerogative of Western societies. This is not only oversimplistic, it is also based on an ignorance of Asian writings and traditions from which one can find the same "seeds" and inspirations for what we call today human rights.
The Qu’ran, which is not only a holy book but also a book of law, contains sections dealing with equality, freedom of religion, and the right to property, as did other philosophical and legal sources throughout Asia. While not necessarily using the words “human rights”, they were nevertheless based on a sense of justice and humanity that are essential building blocks for what are considered today human rights standards.
This article proposes that these assumptions need to be examined anew in light of a more detached historical and legal perspective – one which is not exclusively “Western”. It will attempt to highlight a few of the moral and philosophical underpinnings of international human rights which are closely linked to Asian traditions, and not intrinsically alien to them. Finally, it will proceed with a critical examination of the whole debate surrounding the universality of human rights and cultural relativism, showing that much of the debate is actually obscured by a failure to fully understand the nature and content of international human rights. It will be suggested that many of these international standards are capable of taking into account cultural and societal particularities while not affecting their universal application.
This article explores the intersection of culture, religion and gender in the context of international and constitutional human rights law. The clash between religious or cultural autonomy and gender equality is a pervasive problem for constitutional law, one that arises in connection with claims of immunity from gender equality provisions on the grounds of cultural or religious freedom. I will describe how the resulting clash has been addressed in international law and in the decisions of various constitutional courts and propose a theoretical basis for structuring the hierarchy of values to resolve this issue in a constitutional framework of human rights.
Eruptions of religious intolerance are often described as spontaneous and visceral. This book, however, argues that most major episodes of religious offense are purposefully manufactured by political entrepreneurs. These actors use “hate spin” as an instrument of contentious politics. Hate spin combines conventional hate speech with the more novel strategy of offense-taking. In either of these two modes—vilification or indignation—hate spin stokes up communities’ fears, exploits identity politics, and instigates mob action. It oppresses minorities and degrades the culture of tolerance essential for democratic life. This book analyzes how hate spin works and what it means for freedom of expression. It examines the phenomenon in the world’s three largest democracies, showing how the Hindu right in India, the Muslim right in Indonesia and the Christian right in United States have all employed variants of the same strategy. It also looks at major trans-boundary cases, including online. International human rights norms provide a workable framework for a policy response. States need to prohibit incitement that would cause actual harm to vulnerable groups. But blasphemy laws and other attempts to enforce respect for religion backfire by allowing hate spin agents to hijack state power for their offense-taking campaigns. More can be achieved by promoting equality and fighting discrimination than by regulating speech. Beyond the law, resisting hate spin requires the cooperation of media and civil society, morally courageous political leadership, and an inclusive framing of national identity.
This paper examines the challenges that confront the international community in seeking to harmonize fundamentally different world views. It explores antimonies that arise when freedom of expression and freedom of religion collide. A number of relevant controversies are noted. These include those surrounding: Salman Rushdie’s book The Satanic Verses; the Danish cartoons; the Dutch film Submission Part I; and the banning of head scarves in public institutions in some European States (5) but not others. (6) An expansive literature on these topics has already emerged. (7) Simultaneously, a number of ‘atheist manifestos’ have been published. Many of these books directly criticize world religions. (8) Some single out religion as the primary cause of sectarian hatred and violence. (9) Somewhat surprisingly, many recent books of this kind have not triggered the level of protest that has followed earlier criticisms of monotheistic faiths. Nonetheless they feed into the growing debate over the role of religion in contemporary societies, (10) and whether freedom of expression must be exercised with sensitivity and respect for the religious beliefs of others. The core question to be explored here is: Does freedom of speech include the right to publicly ridicule the religious beliefs of others? This question is addressed by reference to the International Covenant on Civil and Political Rights (1966) (hereinafter ‘the Covenant’), General Comments of the Human Rights Committee, jurisprudence of international and domestic courts, and the writings of legal commentators.The paper concludes with observations about the phenomena of extremism and religious violence. It highlights the role democracy and human rights can play in building ideologies that encourage religious moderation, tolerance, human security and protection of minority rights. These observations are made with the knowledge that the Islamic world has always belonged to the human rights movement. This is evident from the adoption by Muslim States of both the Universal Declaration of Human Rights (UDHR) (1948) and the Covenant. Significantly, no country has ever voted against the UDHR. Moreover, almost all States (including the vast majority of Muslim States) have now ratified the Covenant.
El autor de esta obra explica y defiende los derechos humanos como derechos universales. Conciente de que los derechos humanos han estado enmarcados, a lo largo del tiempo, por la situación histórica y social, dedica una amplia parte a revisar el relativismo cultural y las delimitaciones históricas, para concluir que las prácticas culturales regionales no tienen que estar peleadas con lo que él llama la universalidad moral de los derechos humanos, del respeto al ser humano por el simple hecho de existir como tal.
Rights Protection in the Age of Global Anti-Terrorism
- Jianfu Chen
- Gonazala Villalta
Chen, Jianfu, Gonazala Villalta Puig, and Gordon Walker, eds. Rights Protection in the Age of
Global Anti-Terrorism. New South Wales: Federation Press, 2007.
Banning the Full-Face Veil: Freedom of Religion and Non-Discrimination in the Human Rights Committee and the European Court of Human Rights
- Sarah H Cleveland
Cleveland, Sarah H. "Banning the Full-Face Veil: Freedom of Religion and Non-Discrimination
in the Human Rights Committee and the European Court of Human Rights." Harvard
Human
Rights
Journal
34
(2021):
217
France: A Margin of Appreciation Gone Too Far
- Nathaniel Fleming
Fleming, Nathaniel. "S.A.S. v. France: A Margin of Appreciation Gone Too Far." Connecticut
Law Review 52 (2020): 531 https://opencommons.uconn.edu/law_review/431
Can I Say That?: How an International Blasphemy Law Pits the Freedom of Religion Against the Freedom of Speech
- Caleb Holzaepfel
Holzaepfel, Caleb. "Can I Say That?: How an International Blasphemy Law Pits the Freedom of
Religion Against the Freedom of Speech." Emory International Law Review 28 no.1
(2014): 597 https://scholarlycommons.law.emory.edu/eilr/vol28/iss1/14.
Encyclopedia of Global Studies
- Mark Juergensmeyer
- Helmut Anheier
- Eric Mielants
Juergensmeyer, Mark, Helmut Anheier, and Eric Mielants. "Encyclopedia of Global Studies."
Sociology & Anthropology Faculty Book and Media Gallery, 2012
Moral Issues in Global Perspective
- Christine M Koggel
Koggel, Christine M. Moral Issues in Global Perspective. Broadview Press, 2006.
A Culture of Human Rights in East Asia: Deconstructing 'Asian Values
- Uyen P Le
Le, Uyen P. "A Culture of Human Rights in East Asia: Deconstructing 'Asian Values.'" U.C.
Davis J. Int'l L. & Pol'y 18 (2012): 469.
Available at SSRN:
https://ssrn.com/abstract=2326006