PERLINDUNGAN HUKUM ATAS HAK PENDIRIAN RUMAH IBADAH DAN AKTIVITAS RITUAL KEAGAMAAN

Raja Marwazi, NIM.: 21203012066 (2023) PERLINDUNGAN HUKUM ATAS HAK PENDIRIAN RUMAH IBADAH DAN AKTIVITAS RITUAL KEAGAMAAN. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Religious rituals are religious activities that vary in each religion. In carrying out religious rituals, a forum or place for community gathering is needed to manifest the values of religious teachings. The legal system in Indonesia guarantees the rights of citizens by providing freedom and protection in religious rituals and the establishment of places of worship. However, on the one hand, the implementation of religious rituals and the establishment of places of worship often give rise to conflicts and problems in social life. This research is research that explains the form of legal protection for religious rituals and the establishment of places of worship. The research was carried out using the library research method (library) with descriptive-analytical research characteristics with a juridical-normative approach, with data acquisition relying on the Al-Qur'an, hadith, fiqh/ushul fiqh, books, journals, or other scientific papers , and supporting data that is related to the discussion in this research. The data was then analyzed using a mix theory analysis unit; theory of legal protection, harmonization and māslãhãh mūrsālah. The findings in this research, which are based on the theoretical basis of legal protection, legal harmonization and problems, found that the form of legal protection for religious ritual activities and the establishment of places of worship in Indonesia is more of a prohibited (preventive) nature of conflict, and does not provide protection as per the rights of citizens who justice based. There is also disharmony in regulations related to freedom of religion and the establishment of places of worship, so that the benefits obtained cannot avoid the evils that arise.

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