POLITIK AKOMODASI NEGARA TERHADAP AGAMA (Studi Kasus Penggunaan Fatwa MUI Sampang atas Syi�ah dalam Kasus Penodaan Agama)
The lost of religious minority�s constitutional rights is an evidence that The State fails to protect religious minority from intolerant actions by intolerant groups who are not willing to accept difference. This failure is caused by lack of firmness by the state to issue a policy without dependin...
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| Main Authors: | , |
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| Format: | Theses and Dissertations NonPeerReviewed |
| Published: |
[Yogyakarta] : Universitas Gadjah Mada
2013
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| Subjects: | |
| Online Access: | https://repository.ugm.ac.id/123636/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=63750 |
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| Institution: | Universitas Gadjah Mada |
| Summary: | The lost of religious minority�s constitutional rights is an evidence that
The State fails to protect religious minority from intolerant actions by intolerant
groups who are not willing to accept difference. This failure is caused by lack of
firmness by the state to issue a policy without depending on religious minority.
The case of Shi�a in Sampang clearly shows that State�s policy tends to refer to
majority�s aspiration instead of accomodating the right of minority.
This research is a study on state accomodation to religions which is based
on two fundamental questions, the first relates to the role of fatwa issued by MUI
Sampang in the case of religious defamation and the second is more theoritical in
nature concerning the accomodation of religious minority�s rights.
Based on that two research questions, data is collected through interviews
with religious authority both in Sampang and East Java, offcial government of
Sampang and the refugees of Shi�a. Furthermore, data collection is also done
through library research including books, journals, articles, printed and electronic
mass media, offical documents and letters.
The result of the research can be concluded that fatwa is used as evidence
at the level of both investigation and trial to accuse Shi�a as practicing religious
defamation. The use of fatwa by the State officials indicates that the State
considers fatwa as authoritative, therefore according to the state, the use of fatwa
is necessary in issuing policy related to religious freedom. However, it marks new
pattern of relationship between state and religion which is different from what it
was before during New Order regime. Nowadays, state does not have control over
religious institution, yet, religious institution attempts to influence the State policy
through its fatwa. This relationship, according to Stepan hinders the growth of
democracy since the state is dependent on religious institutions in concerning with
the policy of religious freedom. Nevertheless, a thought to separate state and
religion is imprecise since it neglects the identity of Indonesian which is religious.
Therefore, Stepan argues that it is necessary to rearrange the relationship between
state and religion by reaffirming each other position thus not influencing each
other�s authority. Having this firm position, religions are neither politicized by the
State as it occured under New Order regime nor influence the independency of the
State in promoting the democary. In addition to strengthening civil society, it is
important to strengthen the system of the constitution by arranging it on the spirit
of protecting human right and social justice. |
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