Pengakuan Agama Lokal Dalam Konteks Hak Asasi Manusia: Tinjauan Filsafat Hukum di Indonesia

Abstract

Freedom of religion is one of the human rights guaranteed by both national and international law. In Indonesia, this freedom is regulated by the 1945 Constitution, but in practice, there is still discrimination against followers of local religions that are not included in the six officially recognized religions by the state. This article reviews the reality of religious freedom in Indonesia, particularly in the context of local religions such as Ugamo Malim, Arat Sabulungan, and Kaharingan. Although they have strong belief systems and spiritual values, local religions are often only considered as cultural practices and do not receive equal treatment in legal and administrative aspects of citizenship. This results in limited access to civil rights, such as the inclusion of religion on ID cards, marriage registration, and other administrative matters. The state, in this case the government, has not fully demonstrated its commitment to justice and equality in ensuring religious freedom for all its citizens. Therefore, legal protection for local religious adherents is an important step in realizing an inclusive democracy that respects diversity as part of the nation's identity. Human Rights (HAM) are rights that are inherently attached to every individual without discrimination, including the right to freedom of religion guaranteed by the Indonesian constitution. However, the implementation of this right for local religious adherents in Indonesia still faces various challenges. This study highlights the gap between the human rights principles championed by Western thinkers such as John Locke and national figures like Prof. Notonagoro, and the discriminatory realities faced by local religious adherents such as Ugamo Malim, Arat Sabulungan, and Kaharingan. These three local religions face serious obstacles in the recognition of their religious identity in civil documents such as ID cards and marriage certificates, which affects other civil rights.