State Responsibility in Religious Conflict Setllement (A Case Study in Central Java)  

Oleh:

Fidiyani, Rini

Jenis: Article from Journal - ilmiah nasional - terakreditasi DIKTI
Dalam koleksi: Jurnal Dinamika Hukum vol. 16 no. 3 (Sep. 2016), page 249-257.
Topik: religious freedom; conflict; discrimination; state responsibility; kebebasan beragama; diskriminasi; tanggung jawab negara.
Fulltext: 780-2087-1-PB.pdf (324.59KB)

Isi artikel

The freedom right to believe certain religion or belief is guaranteed by the state (Article 28 E paragraph (2) of 1945 Constitution). Nonetheless, it tends to be a myth since the state involves in religion freedom violation towards the minorities in settling their conflict in several places, particularly in Central Java. Accordingly, this research investigates the state responsibility towards the conflict by applying normative and empirical law approach as problem-solving methods. The result of this research shows several things. First, there is no state neutrality in religious conflict settlement; second, there is a certain religious believers involvement (supported by the state) in religious conflict and other violations against the freedom of religion; third, the state responsibilty upon their acts is still unclear; and fourth, there is no way for the victims to claim their rights. To solve the problem, it is necessary to formulate how state is responsible for settling religious conflict either normatively or politically. It serves as either mediator or perpetrator of discrimination or religious freedom violation. Besides, a solution for accommodating victims to defend their rights and their freedom should be provided.

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