A number of residents of the beliefs rejoiced after the Constitutional
Court granted a petition for a judicial review of the rules for
emptying the religious column on Family Card (KK) and Identity Card
(KTP).
They filed a judicial review of Article 61 Paragraphs (1) and (2), and Article 64 Paragraph (1) and (5) of Law Number 23 Year 2006 regarding Population Administration juncto Law Number 24 Year 2013 on Amendment to Law Number Law Number 23 Year 2006 regarding Population Administration (UU Adminduk).
They greeted each other and congratulated them after the Chief Justice of the Constitutional Court, Arief Hidayat, read out his verdict.
In fact, some visitors and journalists who covered the session to greet the residents of trust who came to the Constitutional Court Building, Central Jakarta, Tuesday (7/11/2017).
(read: The Constitutional Court: The Right of Believers Equivalent to 6 Religion Persons)
Arnol Purba, one of the believers Ugamo Bangsa Batak origin of North Sumatra expressed his joy after the trial.
He admitted that he was happy because the government finally acknowledged his beliefs and made the opportunity for his children to apply for jobs wide open.
"We are very glad that the government has recognized the trust and its scope, for the job opportunity for my children has been open," Arnol said when met after the hearing at the Court, Central Jakarta, Tuesday (7/11/2017).
During this time, the beliefs like Sunda Wiwitan, Batak Parmalim, Ugamo Bangsa Batak and Sapto Darmo experienced discrimination in accessing public services. Because the religious columns in their KK and KTP emptied.
This has an impact on the difficulty of organizing civil rights politics, such as applying for jobs, getting married and accessing other public services.
With the decision of the Constitutional Court, believers have the same legal status with the six religions that have been recognized by the government in obtaining rights related to population administration.
Chairman of Advocacy of Indonesian Legal Aid Foundation Foundation (YLBHI) Muhammad Isnur appreciated the Constitutional Court's decision to restore the rights of the believer.
According to Isnur, the verdict was a victory of the believer's citizens after their struggle for decades.
"We have to appreciate the decision of the Constitutional Court, yes it is their struggle for decades YLBHI has been accompanying those who do not have access to ID cards, family cards and they are forced to choose a religion.That is the history of the new order.This is a tremendous change in which the believer is recognized and can be written in the ID and KK fields, "he said.
Isnur hopes, after the issuance of the Constitutional Court's decision, the state really ensures all derivatives of legislation respect the civil rights of political citizens of beliefs.
"In the future, the state must ensure that all derivatives of the law also respect their rights, no longer the term they are forced to choose the six religions, they can no longer be barred from applying for jobs, to banks and housing access because they are believers," Isnur said.
Constitutional Court Decision
In its verdict, the Constitutional Court of Justice believes that the word "religion" in Article 61 paragraph (1) and Article 64 paragraph (1) is contradictory to the 1945 Constitution and has no conditional binding legal force as long as excluding believers.
That is, believers have the same legal standing as those of six religions recognized by the government, in obtaining rights relating to population administration.
"The Panel of Judges granted the petition of the Petitioners to the whole, stating the word 'religion' in Article 61 Paragraph (1) and Article 64 Paragraph (1) of Law Number 23 Year 2006 concerning the Population Administration as amended by Act Number 24 2013 on the Amendment of Law Number 23 Year 2006 is contradictory to the 1945 Constitution and does not have a conditional binding legal force as long as it does not include a flow of trust, "said Arief.
(read: MK: Religion Column on KTP and KK Can Be Written "Penghayat Kepercayaan")
In addition, continued Arief, the Court decided Article 61 Paragraph (2) and Article 64 paragraph (5) of the Adminduk Law is contradictory to the 1945 Constitution and has no binding legal force.
The Constitutional Court states that the status of a believer can be listed in the religious column of the CoW and e-ID card without the need to specify the flow of beliefs he or she holds.
It is necessary to attribute the orderly administration of population considering the number of belief in the people of Indonesia is very much and varied.
According to the Court, differences in arrangements between citizens in the case of inclusion of elements of population data, not based on constitutional reasons.
The arrangement has treated differently to citizens of belief and religious citizens recognized under the laws and regulations, in accessing public services.
Judge MK Saldi Isra affirmed that the right to embrace a religion or belief in God Almighty is a citizen's constitutional right, not a grant of state.
Therefore, the state is obliged to protect and guarantee the fulfillment of the right of its citizens to embrace a belief beyond the six religions that developed in Indonesia.
Saldi said that the provisions of Article 28E paragraph (1) and paragraph (2) of the 1945 Constitution constitute the constitutional recognition of the right to freedom of religion and belief for anyone.
While Article 29 of the 1945 Constitution is an affirmation of the role that must be done by the state to guarantee every citizen to be independent in embracing their religion and belief.
On the other hand, according to Saldi, the basic right to religion, including the right to embrace the belief in God Almighty, is part of human rights in civil and political rights groups.
That is, the right to profess the religion and belief in God Almighty is one of the rights in civil and political rights groups derived from or derived from the conception of natural rights.
"Thus, in the idea of a democratic state based on a law or a democratic constitutional state, the state is formed precisely to protect, respect and guarantee the fulfillment of those rights," he said.
"As a human right-based right, this right is attached to everyone because he is a human being, not a state," Saldi said.
On the same occasion, the judge MK Maria Farida Indrati said textually, Article 28E Paragraph (1) and Paragraph (2) and Article 29 Paragraph (2) of the 1945 Constitution put religion always related to belief, where religion is belief itself.
However, Maria continued, by reading and understanding the existence of Article 28E Paragraph (1) and Paragraph (2) of the 1945 Constitution, religion and belief are very likely to be understood as two different or different things. But both are equally recognized existence.
This understanding arises because Article 28E paragraph (1) and paragraph (2) of the 1945 Constitution set religion and belief separately.
"Thus, the terms 'religion' and 'belief' are understood as two distinct things that are equalized," said Maria.
Recognition of existence
University of Indonesia sociologist Thamrin Amal Tomagola viewed the Constitutional Court's decision as a form of state recognition of the existence of a believer.
"The good thing is that I am very happy with Arief Hidayat because the sentence is very good," said Thamrin in Jakarta, Tuesday (7/11/2017).
(Also read: The Government will Obey the Constitutional Court Decision Relating Rights of the Trusted Trust Administration)
According to Thamrin, there is actually no word "recognition" in the Population Administration Act.
There is no provision in the law stating that the state recognizes six religions in Indonesia. The confession of the six religions is only the description that is in one of the verses.
"So then people fool others, fooling the public that as if only the six religions were acknowledged by the law.Not true.So, the MK step is very good," said Thamrin.
Meanwhile, Deputy Chairman of the Institute Setara, Bonar Tigor Naipospos hopes the Constitutional Court's decision can eliminate the discrimination of citizens in the administrative records of its population.
Especially against the local religion that has not got a place in the religious column.
"The granting of the petition by the Constitutional Court is expected to eliminate discriminatory practices against local religious communities as it has been so far," Bonar said in a press release on Tuesday (7/11/2017).
Bonar said the ruling would be an important milestone in the elimination of discrimination based on the religion and belief of every citizen.
As long as it is followed by efforts to encourage more essential advocacy in relation to the full recognition of every citizen.
Local Religion Community of Nusantara has seven years struggling to get the right of inclusion of his religious identity in religious column on KTP.
"Congratulations to all the local archipelagoes of the struggle and the result," Bonar said.
Government Attitudes
Minister of Home Affairs Tjahjo Kumolo affirmed that the government will implement the Constitutional Court's decision in the judicial review of Article 61 Paragraphs (1) and (2), and Article 64 paragraph (1) and (5) of Law Number 24 Year 2013 on Amendment to Law Law Number 23 Year 2006 regarding Population Administration (UU Adminduk).
The verdict implies that the status of a believer can be listed in the Religion column on an electronic ID card.
"In relation to the Constitutional Court's decision in the examination of the Adminduk Law related to the emptying of the religion column granted by the Constitutional Court, the Minister of Home Affairs will carry out the final and binding decision of the Constitutional Court, implying that for citizens who embrace the flow of trust can be included in the Religion column in KTP electronic, "said Tjahjo through his written statement on Tuesday (7/11/2017).
Tjahjo said it would coordinate with the Ministry of Religious Affairs and the Ministry of Education to obtain data of belief in Indonesia.
The Ministry of Domestic Affairs through the Directorate General of Dukcapil will include such trust into the administrative system of population.
"After the data of the trust trust we got then Kemdagri improve the SIAK application and database application and socialize to all of Indonesia, 514 districts / cities," he said.
"Kemdagri will propose a second amendment of the Adminduk Law to accommodate the Constitutional Court's decision," said Tjahjo.(kompas)
They filed a judicial review of Article 61 Paragraphs (1) and (2), and Article 64 Paragraph (1) and (5) of Law Number 23 Year 2006 regarding Population Administration juncto Law Number 24 Year 2013 on Amendment to Law Number Law Number 23 Year 2006 regarding Population Administration (UU Adminduk).
They greeted each other and congratulated them after the Chief Justice of the Constitutional Court, Arief Hidayat, read out his verdict.
In fact, some visitors and journalists who covered the session to greet the residents of trust who came to the Constitutional Court Building, Central Jakarta, Tuesday (7/11/2017).
(read: The Constitutional Court: The Right of Believers Equivalent to 6 Religion Persons)
Arnol Purba, one of the believers Ugamo Bangsa Batak origin of North Sumatra expressed his joy after the trial.
He admitted that he was happy because the government finally acknowledged his beliefs and made the opportunity for his children to apply for jobs wide open.
"We are very glad that the government has recognized the trust and its scope, for the job opportunity for my children has been open," Arnol said when met after the hearing at the Court, Central Jakarta, Tuesday (7/11/2017).
During this time, the beliefs like Sunda Wiwitan, Batak Parmalim, Ugamo Bangsa Batak and Sapto Darmo experienced discrimination in accessing public services. Because the religious columns in their KK and KTP emptied.
This has an impact on the difficulty of organizing civil rights politics, such as applying for jobs, getting married and accessing other public services.
With the decision of the Constitutional Court, believers have the same legal status with the six religions that have been recognized by the government in obtaining rights related to population administration.
Chairman of Advocacy of Indonesian Legal Aid Foundation Foundation (YLBHI) Muhammad Isnur appreciated the Constitutional Court's decision to restore the rights of the believer.
According to Isnur, the verdict was a victory of the believer's citizens after their struggle for decades.
"We have to appreciate the decision of the Constitutional Court, yes it is their struggle for decades YLBHI has been accompanying those who do not have access to ID cards, family cards and they are forced to choose a religion.That is the history of the new order.This is a tremendous change in which the believer is recognized and can be written in the ID and KK fields, "he said.
Isnur hopes, after the issuance of the Constitutional Court's decision, the state really ensures all derivatives of legislation respect the civil rights of political citizens of beliefs.
"In the future, the state must ensure that all derivatives of the law also respect their rights, no longer the term they are forced to choose the six religions, they can no longer be barred from applying for jobs, to banks and housing access because they are believers," Isnur said.
Constitutional Court Decision
In its verdict, the Constitutional Court of Justice believes that the word "religion" in Article 61 paragraph (1) and Article 64 paragraph (1) is contradictory to the 1945 Constitution and has no conditional binding legal force as long as excluding believers.
That is, believers have the same legal standing as those of six religions recognized by the government, in obtaining rights relating to population administration.
"The Panel of Judges granted the petition of the Petitioners to the whole, stating the word 'religion' in Article 61 Paragraph (1) and Article 64 Paragraph (1) of Law Number 23 Year 2006 concerning the Population Administration as amended by Act Number 24 2013 on the Amendment of Law Number 23 Year 2006 is contradictory to the 1945 Constitution and does not have a conditional binding legal force as long as it does not include a flow of trust, "said Arief.
(read: MK: Religion Column on KTP and KK Can Be Written "Penghayat Kepercayaan")
In addition, continued Arief, the Court decided Article 61 Paragraph (2) and Article 64 paragraph (5) of the Adminduk Law is contradictory to the 1945 Constitution and has no binding legal force.
The Constitutional Court states that the status of a believer can be listed in the religious column of the CoW and e-ID card without the need to specify the flow of beliefs he or she holds.
It is necessary to attribute the orderly administration of population considering the number of belief in the people of Indonesia is very much and varied.
According to the Court, differences in arrangements between citizens in the case of inclusion of elements of population data, not based on constitutional reasons.
The arrangement has treated differently to citizens of belief and religious citizens recognized under the laws and regulations, in accessing public services.
Judge MK Saldi Isra affirmed that the right to embrace a religion or belief in God Almighty is a citizen's constitutional right, not a grant of state.
Therefore, the state is obliged to protect and guarantee the fulfillment of the right of its citizens to embrace a belief beyond the six religions that developed in Indonesia.
Saldi said that the provisions of Article 28E paragraph (1) and paragraph (2) of the 1945 Constitution constitute the constitutional recognition of the right to freedom of religion and belief for anyone.
While Article 29 of the 1945 Constitution is an affirmation of the role that must be done by the state to guarantee every citizen to be independent in embracing their religion and belief.
On the other hand, according to Saldi, the basic right to religion, including the right to embrace the belief in God Almighty, is part of human rights in civil and political rights groups.
That is, the right to profess the religion and belief in God Almighty is one of the rights in civil and political rights groups derived from or derived from the conception of natural rights.
"Thus, in the idea of a democratic state based on a law or a democratic constitutional state, the state is formed precisely to protect, respect and guarantee the fulfillment of those rights," he said.
"As a human right-based right, this right is attached to everyone because he is a human being, not a state," Saldi said.
On the same occasion, the judge MK Maria Farida Indrati said textually, Article 28E Paragraph (1) and Paragraph (2) and Article 29 Paragraph (2) of the 1945 Constitution put religion always related to belief, where religion is belief itself.
However, Maria continued, by reading and understanding the existence of Article 28E Paragraph (1) and Paragraph (2) of the 1945 Constitution, religion and belief are very likely to be understood as two different or different things. But both are equally recognized existence.
This understanding arises because Article 28E paragraph (1) and paragraph (2) of the 1945 Constitution set religion and belief separately.
"Thus, the terms 'religion' and 'belief' are understood as two distinct things that are equalized," said Maria.
Recognition of existence
University of Indonesia sociologist Thamrin Amal Tomagola viewed the Constitutional Court's decision as a form of state recognition of the existence of a believer.
"The good thing is that I am very happy with Arief Hidayat because the sentence is very good," said Thamrin in Jakarta, Tuesday (7/11/2017).
(Also read: The Government will Obey the Constitutional Court Decision Relating Rights of the Trusted Trust Administration)
According to Thamrin, there is actually no word "recognition" in the Population Administration Act.
There is no provision in the law stating that the state recognizes six religions in Indonesia. The confession of the six religions is only the description that is in one of the verses.
"So then people fool others, fooling the public that as if only the six religions were acknowledged by the law.Not true.So, the MK step is very good," said Thamrin.
Meanwhile, Deputy Chairman of the Institute Setara, Bonar Tigor Naipospos hopes the Constitutional Court's decision can eliminate the discrimination of citizens in the administrative records of its population.
Especially against the local religion that has not got a place in the religious column.
"The granting of the petition by the Constitutional Court is expected to eliminate discriminatory practices against local religious communities as it has been so far," Bonar said in a press release on Tuesday (7/11/2017).
Bonar said the ruling would be an important milestone in the elimination of discrimination based on the religion and belief of every citizen.
As long as it is followed by efforts to encourage more essential advocacy in relation to the full recognition of every citizen.
Local Religion Community of Nusantara has seven years struggling to get the right of inclusion of his religious identity in religious column on KTP.
"Congratulations to all the local archipelagoes of the struggle and the result," Bonar said.
Government Attitudes
Minister of Home Affairs Tjahjo Kumolo affirmed that the government will implement the Constitutional Court's decision in the judicial review of Article 61 Paragraphs (1) and (2), and Article 64 paragraph (1) and (5) of Law Number 24 Year 2013 on Amendment to Law Law Number 23 Year 2006 regarding Population Administration (UU Adminduk).
The verdict implies that the status of a believer can be listed in the Religion column on an electronic ID card.
 |
| Ketua Mahkamah Konstitusi (MK) Arief Hidayat (tengah) didampingi Hakim MK memimpin sidang dengan agenda pembacaan putusan di gedung Mahkamah Konstitusi, Jakarta, Selasa (10/10). Dalam sidang tersebut Mahkamah Konstitusi memutus lima perkara yakni Pengujian UU tentang Narkotika, pengujian UU No.8 Tahun 1981 Pasal 83 ayat (1) dan Pasal 197 ayat (1) tentang Hukum Acara Pidana, Pajak Daerah dan Retribusi Daerah, Pajak Daerah dan Retribusi Daerah, dan pengujian Pasal 255 ayat (1) dan ayat (2) UU No.17 Tahun 2014 tentang MPR, DPR, DPD dan DPRD. ANTARA FOTO/Wahyu Putro A/kye/17 |
"In relation to the Constitutional Court's decision in the examination of the Adminduk Law related to the emptying of the religion column granted by the Constitutional Court, the Minister of Home Affairs will carry out the final and binding decision of the Constitutional Court, implying that for citizens who embrace the flow of trust can be included in the Religion column in KTP electronic, "said Tjahjo through his written statement on Tuesday (7/11/2017).
Tjahjo said it would coordinate with the Ministry of Religious Affairs and the Ministry of Education to obtain data of belief in Indonesia.
The Ministry of Domestic Affairs through the Directorate General of Dukcapil will include such trust into the administrative system of population.
"After the data of the trust trust we got then Kemdagri improve the SIAK application and database application and socialize to all of Indonesia, 514 districts / cities," he said.
"Kemdagri will propose a second amendment of the Adminduk Law to accommodate the Constitutional Court's decision," said Tjahjo.(kompas)
Comments