The Settlement of Law Problem on Establisment of Worship Houses in Indonesia

Abstract

Although over a decade, the implementation of Joint Regulation of the Minister of Religious Affairs and Minister of Home Affairs Number 9 and 8 of 2006 about the establishment of worship houses, but the establishment of worship houses is still problematic because there are buildings that violate the rules resulting in conflicts among religious adherents. This study was the kind of normative law research. The approach used in this study were statute and conceptual. The results of the study indicates that this regulation has specifically regulated the local government authority to maintain religious harmony, to explain the mechanisms for building license of worship houses, and to resolve conflicts. However, this regulation is still being violated by certain religious adherents at the construction process of worship houses. In fact, this regulation has anticipated the problem of worship houses building through forum and court. However, the settlement has not been effectively dealing with the illegal building of worship houses. This is because this regulation is only regulated by the minister level, so it is not strong to pressure administrators of worship houses to obey the law and it becomes the weakness of law enforcement aspects in this regulation. To solve this problem, it is necessary to have higher regulation such as law to maintain religious harmony in Indonesia.