PERLINDUNGAN HUKUM HAK KEBEBASAN BERAGAMA/BERKEYAKINAN (PERSPEKTIF HAM DAN MAQASID AL-SYARI‘AH)

Rooby Pangestu Hari Mulyo, S.H., NIM.: 21203012036 (2023) PERLINDUNGAN HUKUM HAK KEBEBASAN BERAGAMA/BERKEYAKINAN (PERSPEKTIF HAM DAN MAQASID AL-SYARI‘AH). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The 1945 Constitution expressly provides for the legal protection of freedom for all citizens to profess and worship according to their religion and beliefs. The existence of legal protection of the right to Freedom of Religion / Belief (KBB) is one of the characteristics that this country was built on an agreement to unite various things which later became a primordial bond. In Indonesia itself, regulations regarding KBB rights have been regulated in several positive legal rules as well as in the International Declaration. But in fact, until now violations of KBB rights still color the course of life of Indonesian people. The issue surrounding KBB is a long-standing problem in Indonesia, various kinds of events and actions often occur with various factors. Of course, the issue of KBB rights should not be left alone without efforts made to overcome the problem. This study aims to analyze violations of KBB rights using the concepts of legal protection, human rights and maqasid al-Shari'ah Jasser Auda. This research is included in library research and is doctrinal research. In this study, the approach used is juridical-normative which means the approach is carried out through applicable legal rules and uses other branches of science to analyze problems which in this case use the concept of human rights and maqasid al-Shari'ah. The findings in this study show that: 1) The application of positive legal provisions and International Declarations governing the legal protection of KBB rights has not been maximized; 2) Violations of KBB rights are not in line with human rights principles, both human rights in the Western view and human rights in the Islamic view; 3) This violation of KBB rights that occurred in Indonesia is not in accordance with the theory of maqasid al-Syari'ah Jasser Auda which basically initiated development rights which includes the idea of upholding human rights values, social justice and human values.

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