Indonesia Conference Directory

This study aims to examine the Constitutional Court Decision Number 97/PUUXIV/2016. The Decision states that the provisions of Law No. 23 of 2006 Article 61 paragraph (1) and paragraph (2) and Article 64 paragraph (1) and paragraph (5) that are related to emptying the religious column in the Family Card (KK) and Electronic Identity Card (eKTP) is against the Constitution. For this purpose, this study was designed to be qualitative and uses normative legal research methods. This study found that the Constitutional Court Decision was not in line with the Islamic Sharia and 1945 Constitution because it had an impact on the recognition of aliran kepercayaan (indigenous faith) and penghayat kepercayaan (followers of indigenous faith) so that they had the same position as religion and followers of religions in Indonesia. This condition harms the society. According to the principle of sadd adzdzarai, something which is allowed must be closed or stopped if it is led to something that is prohibited. Therefore, writing a column: agama (religion) / aliran kepercayaan (indigenous faith) in the Family Card, and Electronic Identity Card is something that is permissible or may be abandoned because there is no order or prohibition on this matter according to religious views. However, if the writing leads or encourages people to develop aliran kepercayaan, because it has been recognized as the same as religion, then it must be prevented, prohibited and stopped. In addition, in terms of the 1945 Constitution, in the matter concerning restrictions on human rights relating to religion and aliran kepercayaan, more appropriate constitutional norms to refer to are the provisions of Article 28E paragraph (1) and paragraph (2) of the 1945 Constitution, where religion and aliran kepercayaan are arranged as two separate and distinct things.