In Search of Forum-Externum Definition to Scrutinize Religion Based Legislation

Freedom of religion is part of human rights which has been recognized in international law. The fulfilment of this right is a state responsibility. The state, therefore, most provides the widest possible freedom to every person to enjoy their rights while ensuring objective interference as this right is part of civil and political rights. The state intervention to fulfil civil and political rights is through passive action. However, to some extend the state should provide objective measurement through legislation protecting religious freedom. In one side, religion based legislation is aiming to reaffirm freedom of religion. On the other hand it triggers uncertainty especially for minorities group as it accommodated the majority beliefs. This research attempts to analyse the limitation of forum externum in order to scrutinize religion based legislation. The limitation is urgent due to the fact that, at least in Indonesia, there is lack of parameters to draw the line between accommodating religious values of the majority while ensuring certainty of the freedom of religion. This research is questioning two features which are furthering the concept of regulating external forums in the legislation and the analysis of the arrangements of the external forum in Indonesian religion based legislation. To examine the first research question, the researcher is doing conceptual and comparative approach, looking through doctrines and principles as well as perusing constitutions of other jurisdictions besides Indonesia settling relation between religion and the law in the country.

This paper was presented at the Academic Conference on Post Legislative Scrutiny, (Myanmar, 17-18th June). For full article kindly contact me.