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Muhammad Adib Alfarisi |
Introduction
Southeast Asia Regional Tensions,
Indonesia
The Southeast
Asian region is often the scene of politically and legally charged societal
dynamics, particularly in Indonesia where the issue of freedom of religion and
belief (FPIC) plays a central role in many identity conflicts. Events such as
the conflict between ethnic Madurese and local communities in Kalimantan,
tensions between Chinese and Javanese communities in Pekalongan, and religious
riots in Ambon, Poso, and Sambas show that differences in identity, including
religion, can become social disintegration when not balanced with equal
protection of rights for all groups. In practice, however, GBV in Indonesia
still faces serious structural and cultural obstacles. Although normatively
regulated in the constitution, the existence of a legal instrument, Law No.
1/PNPS/1965, limits the expression of beliefs that are different from the
mainstream, resulting in normative conflicts Article 28I paragraph (1) of the
1945 Constitution emphasizes human rights as rights that cannot be reduced. On
the other hand, the 2008 SKB 3 Minister policy against the Ahmadiyah group is
concrete evidence of the legalization of discrimination by the state, contrary
to the principle of state neutrality. This reality reflects that without a
strong commitment from the state to uphold justice and equality, freedom of
religion and belief becomes a source of social tension in the midst of the
diversity of communitarian Indonesian society.
Kebebasan
beragama dan berkeyakinan (KBB), Indonesia
Freedom of religion and belief (KBB) is one of the fundamental and
non-derogable in national and international legal regimes. The coexistence of
the Indonesian legal system which adheres to the principles of the rule of law
(rechtsstaat) and constitutional democracy, freedom of religion or belief is
not only normatively guaranteed but also an integral part of the protection of
citizens' constitutional rights. Article 28E paragraphs (1) and (2) and Article
29 paragraph (2) of the 1945 Constitution explicitly provide guarantees to
every person to embrace religion, practice worship and believe in accordance
with their conscience. Furthermore,
through the ratification of the International Covenant on Civil and Political Rights
(ICCPR) with Law No. 12 of 2005, Indonesia is legally bound to respect and
protect freedom of thought, conscience and religion as stated in Article 18 of
the ICCPR.
Furthermore,
the freedom of religion and belief in creating a just and inclusive society
does not rely solely on the procedural existence of law (rule of law), but must
also guarantee substantive justice (rule of justice). This approach is
essential to strengthening the practice of human rights law, including through
concrete strategies such as judicial review of discriminatory regulations—for
instance, the Blasphemy Law. Additionally, Constitutional Court Decision No.
97/PUU-XIV/2016 affirms the constitutional right of faith adherents to have
their belief listed in the religion column of civil registration documents.
This reflects a progressive and inclusive constitutional approach that embraces
the concept of a living constitution.
Major
challenges also arise in resolving ethnic, religious, and cultural conflicts,
both at the national and international levels. Scholars have highlighted how
various conflicts—such as those between the Tuareg communities and the Malian
government, the Russia–Ukraine war that has triggered global inflation, the
apartheid system in South Africa, tensions between Iran and Israel, and the
ongoing Israeli–Palestinian conflict—often involve cultural and identity
dimensions. These factors complicate conflict resolution due to fundamental
differences in lifestyles and values upheld by each group.
The
discrimination against Uyghur Muslims in China illustrates how religious
freedom is often sacrificed in the name of state stability. The root of these
problems is not merely political; it is also embedded in a collective
perception that views “difference” as a threat. Therefore, the struggle for
freedom of religion and belief must go hand-in-hand with building a collective
consciousness that is peaceful, just, and respectful of each civilization, in
order to prevent greater humanitarian tragedies.
Conclusion
Indonesia's Regional Stability
Ketegangan
yang terjadi mencerminkan kompleksitas persoalan di Indonesia sebagai negara
dengan wilayah yang plural dan beragam. Dalam kerangka hukum kritis,
penyelesaian konflik yang penuh tensi ini membutuhkan kebijakan publik sebagai
prioritas utama, yang didukung oleh strategi litigasi, regulasi yang tepat,
pemantauan yang berkelanjutan, serta penyuluhan hukum yang efektif. Upaya
penyelesaian juga harus melibatkan peran aktif pemerintah pusat dan daerah,
tokoh agama, tokoh adat, serta masyarakat luas, demi menciptakan inklusivitas
dalam proses penyelesaian. Keterlibatan multipihak ini bertujuan untuk
melahirkan solusi yang berorientasi pada keadilan substantif, dengan
menempatkan nilai-nilai kemanusiaan dan demokrasi sebagai fondasi utama,
sebagaimana amanat negara hukum demokratis yang berdasar pada kedaulatan rakyat
dan supremasi hukum, yakni "a democratic and constitutional state based on
the rule of law and the sovereignty of the people."
The tensions
reflect the complexity of Indonesia's problems as a country with plural and
diverse regions. Within a critical legal framework, resolving these tense
conflicts requires public policy as a top priority, supported by litigation
strategies, appropriate regulations, ongoing monitoring, and effective legal
counseling. Resolution efforts must also involve the active role of central and
local governments, religious leaders, traditional leaders, and the wider
community, in order to create inclusiveness in the resolution process. This
multi-stakeholder involvement aims to produce solutions oriented towards
substantive justice, by placing humanitarian and democratic values as the main
foundation, as mandated by "a democratic and constitutional state based on
the rule of law and the sovereignty of the people."