LACUNAE IURIS ON RELIGIOUS FREEDOM LAW IN INDONESIA

Binawan, Andang (2023) LACUNAE IURIS ON RELIGIOUS FREEDOM LAW IN INDONESIA. Gema Teologika, 8 (1). pp. 99-120. ISSN 2502-7743

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Abstract

By examining the lacunae iuris, or legal “holes,” in the theoretical sense of Indonesian law on religious freedom, this article falls short of normative juridical research. In particular, the seven points linked to the law of religious freedom—the meaning of religion, the meaning of divinity, the meaning of freedom, its contents, its subject, its boundaries, and the role of the state—will be examined in more depth in this article. This research employs the legal approach method, contrasting ideas of Indonesian laws with international law, which is also acknowledged as a fundamental component of Indonesian law. When these seven points of the law of religious freedom are compared, it becomes clear that Indonesia’s law of religious freedom has some significant gaps, particularly in the areas where freedom is still restricted and where it relates to concepts of divinity and religion that are also severely constrained. The findings of this research may serve as the foundation for initiatives aimed at enhancing Indonesia’s freedom law and ensuring greater justice and certainty.

Item Type:	Article
Subjects:	B Philosophy. Psychology. Religion > BL Religion A General Works > B Philosophy. Psychology. Religion > BL Religion K Law > K Law (General)
Divisions:	Program Pascasarjana > Program Pascasarjana Filsafat
Depositing User:	Andang Binawan
Date Deposited:	20 Jun 2023 07:29
Last Modified:	21 Jun 2023 08:39
URI:	http://repo.driyarkara.ac.id/id/eprint/945

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