The Constitutional Court Decision on Societal Organization Law and Its Implication toward Freedom of Association of Traditional Beliefs Community in Indonesia

DOI

10.2991/assehr.k.211014.042How to use a DOI?

Keywords

Freedom of Association, Traditional Beliefs Community, Constitutional Court in Indonesia

Abstract

In the past, freedom of association of the indigenous community in performing their traditional believes was not adequately protected. However, two constitutional court decisions in 2013 and 2016 provide significant protections for indigenous community in exercising such freedom. Unfortunately, there are some regulations which contrary to these two Constitutional Court rulings. This paper aims to discuss: (1) the journey of the indigenous religion group in exercising freedom of association. (2) two constitutional court decision in 2013 and 2016 and their implication to freedom of association for indigenous religion group. This paper concludes that: 1) In the past, indigenous community often experienced violence and coercion when exercising their right of association. However, 2) Two constitutional court decision strengthen their right to associate. The Court ruled that registration is not mandatory to establish a societal organization. The Court decisions should be taken into account by the regulation makers. Unfortunately, some local parliaments failed to acknowledge the existence of the Court decisions. As a result, they still require registration to establish societal organization in the regions.

Copyright

© 2021, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Andy Omara
AU  - Kristina Viri
PY  - 2021
DA  - 2021/10/16
TI  - The Constitutional Court Decision on Societal Organization Law and Its Implication toward Freedom of Association of Traditional Beliefs Community in Indonesia
BT  - Proceedings of the International Conference on Environmental and Energy Policy (ICEEP 2021)
PB  - Atlantis Press
SP  - 197
EP  - 201
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211014.042
DO  - 10.2991/assehr.k.211014.042
ID  - Omara2021
ER  -