TANGGUNGJAWAB NEGARA MENJAMIN dan MELINDUNGI KEMERDEKAAN BERAGAMA dan BERKEPERCAYAAN BERDASARKAN UUD 1945
ABSTRACT
Indonesia is a country that based on the Belief in God Almighty that contains the principle that Indonesia is a nation of religious, although not a religious state. Religion can live and grow with the guarantee and protection of the state, while the religious right to perform and develop in accordance with religious beliefs. For a country that embraces diversity, recognition of religious freedom to provide security for its people, meaning no one religion is used as the official religion of the country and not a particular religion is also used as a source of moral and legal. The main issue is whether states have the authority to regulate freedom of religion and faiths in Indonesia. How the forms of the state's responsibility to guarantee and protect freedom of religion and belief implementation.
Research study is a descriptive analysis, the approach used is a normative juridical, historical, conceptual and comparison of the freedom of religion and belief The approach is normative law was conducted using secondary data or primary source of library materials, which are used to examine the legal principles that are closely related to the provisions on freedom of religion and belief Historical Approaches used to examine the histbry and development of the '1945 Constitution, as for a conceptual approach is moved from the views and doctrines that developed on freedom of religion and belief in some countries.
Pancasila and the Constitution 1945 article 29 a state responsibility towards the implementation of freedom of religion and faiths. State responsibility should be construed as a responsibility to regulate the freedom of religion and faiths. As the state has the authority as a regulator, planner, executor and supervisor as well as the implementation of religious freedom. As the highest organization of nations, states were given the power to regulate everything and the state based on its position has the authority to make laws. States have a legal responsibility to provide security and protection of freedom of religion and belief The forms of state responsibility in the framework of protection, respect, and compliance with the implementation of religion and belieffreedom is to provide guidance and service to religious community, Religious Education, Conducting oversight of schools and religious beliefs and may endanger the community, state and nation, Prevention and abuse or desecration of religion, Achieving security and public order. Guarantee the implementation of freedom of religion should be conducted with the laws and regulations as mandated by the 1945 Constitution. The law on religious harmony. Indonesia as a pluralistic country in this religion, so to prevent the occurrence of horizontal conflicts among faiths and beliefs that can undermine the unity, the state government in this regard need to optimize inter-religious dialogue to build mutual understanding among religions.
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