Exclusive policy in guaranteeing freedom of religion and belief: A study on the existence of sharia-based local regulations in Indonesia and its problems

Abstract

This study focuses on sharia-based local regulations in Indonesia, particularly in Padang City, West Sumatra, where such regulations exist strongly, despite the absence of special autonomy to implement sharia as in Aceh Province. However, the strong existence of these regulations has resulted in problems at the community level, particularly concerning the freedom of religion and belief (FoRB), and its teachings in various forms of obedience. The study found that the existence of sharia-based local regulations in Padang needs to be understood in the context of the majority of the population in the city are Muslims who associate themselves with the Minangkabau people. These regulations exist because of the link between individual and community commitments to the Minangkabau adat, sharia, and conservative interpretations of Islam. However, the strong existence of these regulations has harmed the enjoyment of the FoRB, rooted in the logic of majoritarianism and a conservative approach. Therefore, annulling sharia-based local regulations using a judicial mechanism is a reasonable action to consider. However, this study also found that the use of a judicial review mechanism in Indonesia still contains various problems, which present a challenge in reviewing local regulations.

Keywords

• Conservative
• freedom of religion and belief
• judicial review
• majoritarianism
• sharia-based local regulations