Question-and-answer session at the second panel during the 4th Indonesian Constitutional Court International Symposium (ICCIS) in Bandung, Wednesday (9/15/2021). Photo by Humas MK/Ilham.
Wednesday, September 15, 2021 | 15:42 WIB
BANDUNG, Public Relations—In the follow-up session of the 4th Indonesian Constitutional Court International Symposium (ICCIS) or ICCIS 2021 on “Constitutional Court, Religion and Constitutional Rights Protection,” academics from Bangladesh, Indonesia, dan India delivered their presentations. The event will be taking place for two days on Wednesday-Thursday, September 15-16, 2021 both onsite and virtually from Bandung, West Java.
Muhammad Ekramul Haque, Law Faculty of the University of Dhaka, Bangladesh gave a presentation on “Secularism to State Religion: Constitutional Right to Freedom of Religion in Bangladesh.” Haque said that the state-recognized religions, secularism, and Islamization in the Constitution of Bangladesh were related to the amendment to the constitution.
Haque explained that secularism was mentioned as a basic principle in the 1972 Constitution of Bangladesh, especially in the Preamble. However, in practice, secularism had not been implemented. Only in 1977 when the Constitution was amended again, was the word “bismillah” (In the name of God) mentioned and the word “secularism” changed to “absolute trust and confidence in Allah SWT.” Only in the 15th amendment was the word “secularism” reintroduced, as it was in 1972, as a new religion that the state recognized.
“Religious freedom in Bangladesh remains on all phases of secularism and Islamization. Thus, it appears that although the constitutional principles of secularism have undergone many changes at different stages, the provisions on religious freedom in the Constitution have remained the same in all periods,” he revealed.
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Islamic Constitutionalism
Meanwhile, M. Siddiq Armia, a professor at the Faculty of Law and Sharia of UIN (State Islamic University) Ar-Raniry, Banda Aceh, discussed the relationship between Islamic constitutionalism and the Constitutional Court. He explained seven principles of Islamic law: protecting religion (Hifz ad-Din), protecting body and soul (Hifz Nafs), protecting the mind and spiritual (Hifz ‘Aql), protecting the next generation (Hifz Nasab), protecting property (Hifz al-Maal), protecting society (Ummah), and protecting the environment.
In his paper, Siddiq said the Constitutional Court of the Republic of Indonesia (MKRI) had implemented Islamic constitutionalism in its decisions, such as protecting the next generation (Hifz Nasab) and property (Hifz al-Maal). With its authority, the MKRI can implement Islamic constitutionalism and expand its authority to be a negative and positive legislator. “Unfortunately, as a state judicial institution, the Constitutional Court cannot fully ensure that every state institution carries out what it has decided,” he said.
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Between India and Indonesia
The third speakers in this second session were Neha Tripathi and Anubhav Kumar from Maharashtra National Law University, Aurangabad, India, who gave a presentation on “Constitutional Tale of Religious Freedom: Comparative Study in Reference to India and Indonesia.” Both stated that India and Indonesia had cultural, social, and religious diversity when forming the constitution. With the aspiration to maintain unity, the constitution recognizes religious freedom as an integral aspect of human rights and an important part of the constitutional design.
On the other hand, India has constitutionally proclaimed itself as a secular state. In contrast to the Indonesian Constitution, which is based on the belief in One Supreme God. India has a majority Hindu population as well as other religions such as Islam, Christianity, Sikhism, Jainism, and Buddhism, with secularism as the basic structure. The Indian Constitution guarantees that every individual’s religious freedom subject to constitutional restrictions. While Indonesia has a Muslim majority population as well as other religions, the provisions of its Constitution mention “religion” but none of them declares Islam as the state religion.
“According to Indonesian law, there are six officially recognized religions, but there are other indigenous minority groups that fall outside of the six officially recognized religions. Although there is freedom to choose and practice one’s own religion in accordance with the Indonesian Constitution, official recognition of certain religions limits the exercise and recognition of religious freedom,” Kumar said.
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Previously, the Court has hosted similar programs: 2017 ICCIS in Solo, 2018 ICCIS in Yogyakarta, and 2019 ICCIS in Bali. Due to the pandemic, the program was halted in 2020. ICCIS is an annual global academic forum to discuss the issues, ideas, and challenges of the constitutional law, human rights, and democracy. This year it focuses on religious issues in the context of constitutional rights. The Constitutional Court’s Center for Research, Case Review, and Library Management encouraged academics to submit their articles. Selected articles will be published in the Court’s journal Constitutional Review.
Writer : Lulu Anjarsari P.
Editor : Tiara Agustina
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 9/15/2021 22:31 WIB
Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.
Wednesday, September 15, 2021 | 15:42 WIB 431