Calvin Lucky Krisnadi, Fransisca Fitriana Riani Candra
Faculty of Law, Universitas Gadjah Mada
candrafransisca@gmail.com
Abstract
Rights and freedom to choose religion or belief within the people of Indonesia are guaranteed by Article 28 E, 28 I, and 29 Paragraph (2) Indonesian Constitution. Indonesian citizens are also obligated to choose a religion based on Pancasila ideology. It can be seen at Article 1 of Pancasila that containing “Ketuhanan yang Maha Esa” phrase. The obligation to choose a religion can also be seen implicitly at Article 156a of Indonesian Criminal Law Codification that forbidding an act of spreading an Atheism Doctrine. The freedom of faith and religion in Indonesia also limited by the Act of Prevention of Misusing a Religion Number 1 /PNPS/1965 and Act no. 24 year 2013 about the amendment of Act no. 23 Year 2006 about the Citizen Administration. Based on both regulation can be concluded that only Islam, Christianity, Catholic, Hindu, Buddha and Confucianism are recognized and protected by the government. Another religion can be established and conducting their ritual, as long as they did not violated the 6 recognized religion and the government regulation. Religion information in identity card of the devotees of non-recognized religion will not be filled.
Ahmadiyya was Islamic Movement which established by Mirza Gulam Ahmad in a town of Qadian, India. The spread of Ahmadiyya Moslem Community in Indonesia begins in 1925. The devotees of Ahmadiyya split into two groups, Qadian Ahmadiyya and Lahore Ahmadiyya. Both Ahmadiyya groups have status as legal religious organization in Indonesia. Nowadays, the Ahmadiyya has been judged as a misguided religion based on the Decision Letter by Three Minister number 3 Year 2008 about Warning and Order to Followers, Members and Committee of Indonesian Ahmadiyya and Society. Ahmadiyya become forbidden religion and excluded as a religion which has rights mentioned by Article 29 Indonesian constitution.
Theme of this paper is Religious Intolerance, Minority and Human Rights. This paper is a normative studies and want to answer the problems such as 1) What is the meaning of religion intolerance? 2) What are the parameters of seal and close place of worship act that can be included as religion intolerance? 3) Is the act of closing and sealing of Ahmadiyya Mosque included as a form of religious intolerance?
Keywords: Ahmadiyya, Place of Worship Sealing and Closing, Religious Intolerance