Kontribusi Konstitusi Madinah Dan Konstitusi Nagarakretagama Terhadap Rancangan Amandemen Kelima Undang-undang Dasar Negara Republik Indonesia Tahun 1945 Terkait Hak Dan Kebebasan Beragama

Abstract

Legal issues concerning the rights and freedom of religion in Indonesia is experiencing various problems. It indicates that the arrangement of this right in the constitution should be reformatted so that the constitutional right to be met to the fullest. The purpose to be achieved in this research is to find the ideal format regulation rights and religious freedom in the constitution based on the regulations contained in the Constitution of Medina and the Constitution of Nagarakretagama. This study uses normative law research that produced important findings about the ideal format regulation rights and religious freedom, among others; Tauhid religious freedom; no distinction of religion and belief; the balance of rights and liabilities in religious freedom; straightness meaning of freedom of religion; and affirmation of the concept of restrictions of the rights and freedom of religion. All the findings in this study are expected to be a consideration in the framework of the fifth amendment of the Indonesia Constitution Year 1945 regarding the rights and freedom of religion