Proceedings of 1st International Conference of Law and Justice - Good Governance and Human Rights in Muslim Countries: Experiences and Challenges (ICLJ 2017)

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The Constitutional Policy: State Recognition of the Believers in Indonesia

Authors
Ahmad Tholabi Kharlie, Fathudin
Corresponding Author
Ahmad Tholabi Kharlie
Available Online November 2017.
DOI
10.2991/iclj-17.2018.30How to use a DOI?
Keywords
The Believers; Constitutional Right; Population identity; religion column; Identity Card;
Abstract

The policy of unfilled the religion column as listed in the Identity Card for the believers (spiritual group) leads into the neglected citizenship rights to access the various public services such as education, health, occupation, and others. The constitutions of citizenship administration which have been regarded as the main factor of discrimination problem are tested on its degree by the Constitutional Court of Indonesia through a petition for judicial review which is proposed by the believers (spiritual group). As a response to their petition, the Constitutional Court gives an approval to Indonesian believers' existence to belief in one God Almighty through its decision No. 97/PUU-XIV/2016. The impact of its decision at this time is that the believers' community can fill their religion in the column of Identity Card (KTP). This article aims to analyze a legal consideration of the Constitutional Court of the Republic of Indonesia on its decision No. 97/PUU-XIV/2016. The result shows that the Constitutional Court of Indonesia has made an extensive interpretation on the meaning of 'religion' and 'belief'; hence the believers can put their faith/belief in Identity Card (KTP).

Copyright
© 2018, 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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Volume Title
Proceedings of 1st International Conference of Law and Justice - Good Governance and Human Rights in Muslim Countries: Experiences and Challenges (ICLJ 2017)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
November 2017
ISBN
978-94-6252-469-9
ISSN
2352-5398
DOI
10.2991/iclj-17.2018.30How to use a DOI?
Copyright
© 2018, 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/).

Cite this article

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TY  - CONF
AU  - Ahmad Tholabi Kharlie
AU  - Fathudin
PY  - 2017/11
DA  - 2017/11
TI  - The Constitutional Policy: State Recognition of the Believers in Indonesia
BT  - Proceedings of 1st International Conference of Law and Justice - Good Governance and Human Rights in Muslim Countries: Experiences and Challenges (ICLJ 2017)
PB  - Atlantis Press
SP  - 143
EP  - 148
SN  - 2352-5398
UR  - https://doi.org/10.2991/iclj-17.2018.30
DO  - 10.2991/iclj-17.2018.30
ID  - Kharlie2017/11
ER  -