Constitutional Justice Suhartoyo delivering a keynote lecture at Unnes, Semarang. Photo by Humas MK.

JAKARTA, Public Relations of the Constitutional Court—The constitution is an absolute requirement for the state as it lays the foundation to the state. This was conveyed by Constitutional Justice Suhartoyo in a keynote lecture entitled “The Dynamics of the Relations between State and Religion in the Perspective of Law and National Unity.” This activity is collaboration between the Constitutional Court (MK) and Semarang State University (UNNES) on Friday (22/11/2019) at UNNES, Semarang.

The constitution, Justice Suhartoyo stated, contains values and norms agreed upon by all citizens as highest law in the state. The constitution is commonly referred to as a social contract or collective agreement. He also explained the divinity basic value in Article 29 of the 1945 Constitution must be interpreted that the state guarantees and regulates relations between religious communities so as not to disturb the life of the state. The state recognizes and protects the diversity of religions in Indonesia but, more certainly, the state also has the right to require adherents of any religion to unite in developing the state and nation.

"Therefore, religious freedom in the basic values in the constitution is not only focused on whether religion is right or wrong, but also willingness to respect and accept other people with different beliefs," Justice Suhartoyo said before the academic community at UNNES. 

Justice Suhartoyo also said some elements believe that religious affairs or blasphemy do not need state interference. Currently, the Government’s policy to only recognize six religions prevents adherents of other faiths obtaining their civil rights as citizens. Some even say that religious life in Indonesia is better without state involvement. This means, he added, the state does not need to interfere in religious life, as it potentially disrupts religious life. The argument supporting that idea believes the state must be neutral towards all religions and must not prohibit any faith or religion. Freedom of thought and belief is an inherent right, it cannot be restricted, delayed, or taken away. 

Justice Suhartoyo added that Indonesia no longer needs to be doubtful about accepting and recognizing religious freedom, or even regarding it constitutive and binding. In order to maintain the spirit of the constitution, the regulation of the state in terms of religious life is still needed. State law cannot require the implementation of religious law, but the state must facilitate, protect, and guarantee its security for citizens to practice religious teachings according to their own beliefs and initiative. 

Meanwhile, Head of the Public Relations and Protocol Bureau Heru Setiawan on behalf of the Secretary General of the Constitutional Court delivered a presentation on "The Dynamics of the Relations between State and Religion in the Perspective of Law and National Unity." The dynamics of state and religious relations is always an interesting topic of discussion, especially from the perspective of law and national unity. That is, there is the point of view that the unity of Indonesia needs to be fought for and maintained. 

"On that basis, the Constitutional Court as guardian of the constitution and of democracy has a strong commitment and intention to invite all components of the state, including universities, to contribute, synergize, and collaborate in realizing state and religious relations that are in line or as desired by the 1945 Constitution. There will be many ideas and perspectives that can be presented at this national seminar," said Heru. (Lulu Anjarsari)

Translated by: Yuniar Widiastuti