Contemporary Issues on Interfaith Law and Society (Jul 2022)

A Pseudo Freedom for Faith: A Discourse of Religious Freedom in Russia and Indonesia

  • Jeremy Zefanya Yaka Arvante,
  • Maulana Fuad Nugraha,
  • Ridwan Arifin

DOI
https://doi.org/10.15294/ciils.v1i2.59062
Journal volume & issue
Vol. 1, no. 2
pp. 203 – 236

Abstract

Read online

This paper is a study or comparative study between Indonesia and Russia on the regulation of one of the fundamental rights in human rights, namely the right to freedom of religion. As a constitutional state based on law, Indonesia and Russia have made arrangements for this in their constitutions, the most basic of which is contained in the 1945 Constitution (Indonesia) and The Constitution of the Russian Federation (Russia). General rules such as human rights play an important role as an instrument that ensures the preservation of the rights of citizens and the implementation of state functions to fulfill these rights. The right to freedom of religion is one of the rights guaranteed in Article 19 of The Constitution of the Russian Federation, and the 1945 Constitution. Article 19 of the Russian constitution states that The State shall guarantee the equality of rights and freedoms of man and citizen, regardless of sex, race, religion, and also of other circumstances. All forms of limitations of human rights shall be banned. And Article 28I paragraph 1 of the 1945 Constitution states that the right to religion is stated as a right that cannot be reduced under any circumstances, as well as the right to life, the right not to be tortured, the right to freedom of thought and conscience, the right not to be enslaved, the right to be recognized as a human being. person before the law, and the right not to be prosecuted on the basis of retroactive law.

Keywords