从人权法角度看三邦前什叶派社区的排斥:印度尼西亚的宗教权利与自由论述

M. Mukhlis, Raphael D. Jackson-Ortiz, M. Jufri, Evis Garunja, P. Aidonojie
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摘要

到目前为止,Tajul Muluk和274名前什叶派无法返回他们在马都拉岛Sampang区Omben街道Nang-krenang村的家乡,尽管他们已经承诺在2020年11月5日悔改并回归逊尼派教义。Sampang的社区和宗教领袖仍然需要证明他们回归逊尼派教义的认真态度,并希望确保口头承诺不是“taqiyah”的一部分。拟定的研究问题包括:第一,从印尼宗教权利和自由的角度看,三邦地区前什叶派信徒的立场是什么?第二,在社区拒绝三邦区前什叶派的情况下,侵犯宗教自由权的形式是什么?本研究采用法律社会学和法律人类学相结合的实证法学研究方法。研究结果包括:首先,这些前什叶派信徒的存在应该被定位为暴力行为和侵犯宗教权利和自由的受害者,而不是有罪的一方。他们被认为信奉了一个离经叛道的宗教派别。其次,拒绝前什叶派信徒是对宗教自由权的侵犯。在宪法和印尼民族精神下的宪法、法律、法规中有规定。
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Rejection of Former Shia Community in Sampang Perspective on Human Rights Law: Discourse of Religious Rights and Freedom in Indonesia
Heretofore, Tajul Muluk and 274 former Shia have not been able to return to their hometowns in Nang-krenang Village, Omben Sub-district, Sampang District, Madura Island, and even though they have pledged repentance to return to Sunni teachings on November 5, 2020. Sampang's community and religious leaders still need proof of their seriousness in returning to Sunni teachings and want to ensure the spoken pledge is not part of the 'taqiyah'. The formulated research problems consisted of: first, what was the position of former Shia adherents in Sampang District based on the perspective of rights and freedom of religion in Indonesia? Second, what was the form of violation of the right to freedom of religion in the case of community rejection of former Shia in Sampang District? This research used empirical legal research methods with legal sociological and legal anthropological approaches. The research results included: First, the existence of these former Shia adherents should be positioned as victims of acts of violence and violations of religious rights and freedoms, not as guilty parties. They were considered to be embracing a deviant religious sect. Second, the rejection of the former Shia adherents was a violation of the right to freedom of religion. which had been regulated in the constitution, laws, and regulations under the constitution and the spirit of the Indonesian nation.
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