POLITIK HUKUM MAHKAMAH KONSTITUSI ATAS REKOGNISI PENGHAYAT KEPERCAYAAN DALAM KONTESTASI POLITIK KEWARGAAN INDONESIA

Abstract

Freedom of belief and religion is an instrument of international human rights, as also guaranteed in Article 28 E and Article 29 of the 1945 Constitution. In Fact, the Government has discriminated by only giving recognition and protection to six religions: Islam, Christianity, Catholicism, Buddhism, Hindus, and Confucians, while advocates of belief in God Almighty do not receive recognition and protection, because they are not "religious". Through the judicial review mechanism of the Population Administration Law, the Constitutional Court has reconstructed the concept of the recognition of religion and belief in the population administration system as a space for the contestation of citizenship politics. The Court emphasized that the followers of trust have the same rights as followers of six official religions in Indonesia in fulfilling the rights of citizens. This paper seeks to elaborate on the legal politics of the Constitutional Court on the recognition of supporters of trust in the politics of citizenship.