Legal Guarantees and Inconsistency of State Recognition to the Right of Religion / Belief in Indonesia

The right to freedom of religion/belief has been guaranteed by law in Indonesia, but there are still going on some violations of the right to freedom of religion/belief in the various regions. The purpose of this study was to determine the form of the legal guarantee of the right to freedom of religion/belief in Indonesia, shape inconsistencies state recognition of the right to religion/belief in Indonesia, and efforts to improve the rights of religion/belief in Indonesia. This paper uses a normative study. It was found that there are some rules that apply in Indonesia, which may hinder the implementation of the right of religion/belief, thus causing the occurrence of cases of rights violations religion/belief in some areas, should therefore rules should be immediately revoked. The conclusions of this paper are contained inconsistent state recognition of the right to religion/ belief in Indonesia.


INTRODUCTION
The title of this article was inspired by the many cases of violations to freedom of religion/belief which is conducted by government (i.e., the central and local government) in relation to state recognition of religion/ belief. In addition, this paper is a continua- Human rights can be defined as some- Human rights are rights inherent to the human being as a creature of God that must be respected, upheld and protected by the state, law, government and everyone for the respect and protection of human dignity. 2 In addition to compensate for the liberty, every human being has the ability to take responsibility for all actions he has done, and is also responsible for the result over the unwillingness to act/do something.
The right is needed by every human rights but to protect themselves and the dignity of humanity, is also used as the foundation of morals and ethics in associating or dealing with other human beings.
In exercise their human rights, everyone is obliged to respect and appreciate the rights that are shared by others. Awareness of human rights, the dignity of humanity, starting from the man born in the world. It was caused by the human rights that have been around since man was born and is a natural right inherent in human beings, one of the natural rights is the right to freedom of religion/belief. These rights is one part of the civil and political rights of every human being.
According to the human rights theory, the state is obliged that: (1) "obligation to respect" refers to the duty of the state to discipline the whole apparatus from committing violations/intervention for the implementation of human rights (vertical aspect); (2) "obligation to protect" emphasis 2 color, sex, gender, and religion, equality between men and women to enjoy economic, social and cultural; the right to get a job; the right to receive fair wages for workers male and female; the right to form trade unions; the right to strike; the right to education: the right to be free from hunger.
The right to freedom of religion/belief in the international human rights document normatively regulated in Article 18 UDHR, is: Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance. (1) Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.
(2) No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.
(3) Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.
(4) The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.
In addition to the ICCPR, the right to freedom of religion/belief is also stipulated in the International Convention on the Elimination of all forms of Racial Discrimination/ to respect and guarantee freedom of religion or belief of all individuals within its territory without distinction as to race, color, sex, language, religion and belief, or political opinion, inhabitants: native or newcomer, as well as the origin he suggested.

The rights of Parents and Guardians: The
State is obliged to respect the freedom of parents and legal guardians, if there is to ensure that the religious and moral education for their children in accordance with their own convictions. 6. Freedom Institutions and Legal Status: vital aspect of freedom of religion or belief for a religious community or association is to organize as a community. Therefore, religious communities have freedom of religion or belief includes the right of independence in organizational arrangements. 7. The limitation allowed on External freedom: freedom to run one's religion or belief may only be restricted by law, and even then solely in the interest of protecting public safety and order, public health or morals, and in order to protect the rights and the freedom of others. 8. Non-Derogability: The State must not reduce the freedom of religion or belief in any circumstances and for any reason. Everyone is free to believe in religion and to worship according to their religion, to choose education and teaching, citizenship, choosing a place to stay in the territory of the country and left it, as well as the right to return (paragraph 1); everyone is entitled to freedom of belief to believe, express thoughts and attitudes, in accordance with his conscience (paragraph 2). 24 In addition referring to Article 28E in terms to the right of freedom of religion/ belief in Indonesia, the Constitution of the

Republic of Indonesia
Year 1945 reordered in Article 28I, which stipulates that: The right to life, freedom from torture, freedom of thought and conscience, freedom of religion, the right not to be enslaved, the right to recognition as a person before the law, and the right not to be prosecuted based on retroactive law is a human right that is not can be reduced under any circumstances.
As a member state of the United Na- of both resolution mechanisms. The civil and political rights are often said to be negative rights, which the Government is required to refrain from intervening too far into its rights, but if there is a breach in the implementation and fulfillment it could take legal mechanisms and report to the court either by individuals or groups. While the economic, social and cultural rights often referred to as positive rights, that the Government is required to intervene in the exercise of these rights in order to realize the fulfillment of these economic, social and cultural rights, but in case of violation, could not report to the court for the charges of violations and therefore this right is often seen as non justiciable rights. Judging from the two forms of classification above rights, the right to freedom of religion/belief is one part of civil and political rights. More than that, the case was not included in the column of religion on identity cards religious sects "Baha'i" which is believed by the public in Blitar in East Java.
The government should be more objective in providing the fulfillment of human rights of its citizens, so long as a group of people who have confidence then the conviction was rejected by another group, still as a citizen of Indonesia.
The state in this regard the Government of Indonesia is obliged to respect belief that a group of people as a human rights of its citizens, and as one of its obligation to provide the fulfillment of human rights to its citizens without having to consider the rejection of the beliefs of a group of people that.
According to Thomas Schirrmacher of research results stated that: The Indonesian fatwa council, Majelis Ulama Indonesia (Indonesian Council of Ulema) or MUI, plays a disastrous role since its fatwas directed against religious minorities are actually not legally binding and yet are increasingly used by the government and cast into law. 35

The state's obligation to protect
In terms of the state's obligation to protect, this emphasis on the steps facing violation (human rights abuse) performed by certain parties (horizontal aspect). Obligation "to protect" is divided into two; obligation "to prevent" the occurrence of a crime/human rights abuse; and the obligation "to correct"  In the execution of its responsibilities, the state is allowed to restrict certain rights on the basis of some limitation clause.
Freedom of religion and belief, including the non-derogable rights, so it can not be reduced. However, not all aspects of the rights and freedom of religion and belief are within 38 It is true that this law has judicial review by the Constitutional Court by Decision Number: 140/PUU-VII/2009, even the judges of the Constitutional Court also considered (in consideration 3.71) that the need for revision of the Law on Prevention blasphemy, both within the formal legislation and in substance that has elements of material that is clarified so as to avoid misinterpretation in practice. However, since the Court has no authority to make improvements editorial and contents coverage, but should only be declared constitutional or unconstitutional, then considering the substance of the law on Prevention of blasphemy as a whole is constitutional, the Court can not cancel or change editorial. Therefore, to fix it in order to be perfect, the authority of the legislators to do it through the legislative process.