The Conundrum to Wear Religious Uniform in Indonesia: International Human Rights Law and Islamic Law Perspective

Sefriani, Sefriani and Putro, Yaries Mahardika and Putra, Jaya Indra Santoso and Monteiro, Seguito (2024) The Conundrum to Wear Religious Uniform in Indonesia: International Human Rights Law and Islamic Law Perspective. Journal of Indonesian Legal Studies, 9 (1). pp. 31-62. ISSN 2548-1592

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Abstract

This study aims to analyze the annulment of the Joint 3 (three)Ministerial Decreeconcerning School Uniforms for Students, Educators, and School Personnelby the Indonesian Supreme Court and to examine the Supreme Court’s decision under international human rights law and Islamic law. In the annulment of the Joint 3 (Three) Ministerial Decree on School Uniforms for Students, Educators, and School Personnel by the Indonesian Supreme Court, the legal reasoning follows a meticulous analysis rooted in normative legal research. The study employs statutory, conceptual, and comparative approachto unravel the complexities surrounding the decree. Through the descriptive analysis, it is established that the decree runs afoul of the educational values enshrined in the National Education System Act, particularly the imperative to foster religious spiritual strength in students. Moreover, the National Education System Act also mandated that the Indonesian National Education must also be rooted in religious values.The Supreme Court’s decision to annul the Joint 3 (Three) Ministerial Decrees grounded in the rationale that the decree conflicts with the higher law, specifically the National Education System Act.The annulment also aligns with international human rights law and the values of Islamic law. Indonesia has a margin of appreciation in the regulation of religious freedom as practiced in the European Court of Human Rights, adjusting to the condition that Indonesia is not a secular country but also not a religious country. Indonesia is based on Belief in the one and only God and upholds pluralism.

Item Type:	Article
Uncontrolled Keywords:	Freedom of religion, religious uniform, joint 3 (three) ministerial decrees, Islamic law, international human rights law
Subjects:	K Law > KZ Law of Nations
Divisions:	Faculty of Law > Department of Law
Depositing User:	YARIES MAHARDIKA PUTRO
Date Deposited:	10 Jun 2024 07:25
Last Modified:	10 Jun 2024 07:25
URI:	http://repository.ubaya.ac.id/id/eprint/46522

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