PERLINDUNGAN NEGARA TERHADAP HAK KEBEBASAN BERAGAMA: PERSPEKTIF ISLAM DAN HAK ASASI MANUSIA UNIVERSAL
ABSTRACT: The implementation
of religious freedom in Islam still has unresolved issues. Based on the
perspective of the Madinah Charter, Islam can provide protection of freedom
of religion and give the rights of
non-Muslims. Nowadays, however, in prac-tice, in some Islamic countries, there
is actually a variety of aberrations that ob-scures the meaning and spirit of
the Madinah Charter. In some Muslim countries, the formalization and
formulation of syariah are still implemented in the public sphere. State does not remain neutral toward all
religious doctrines and always strives to apply the principles of syariah as a
policy or state legislation. This is also reflected in the Cairo Declaration
that gives legitimacy to Muslim countries to maintain and run a syariah-based
doctrine that emphasizes the protection of religion rather than the protection
of the fundamental rights of freedom of religion. Therefore, the need for the
doctrine of separation of religion and state is intended to make state more
independent and is expected to provide protection of the organs and
institutions of the state against the abuse of power in the name of religion.
Right to freedom of religion can only be realized within the framework of the constitutional
and democratic state based on the spirit of universal human rights.
Key words: right to freedom of
religion, state protection, universal human rights
Penulis: Frans Sayogie
Kode Jurnal: jphukumdd130041
