Citizens’ Rights and Discrimination against Minorities in the Religious Judicial System in Indonesia

Abstract

The principles of Equality and the Protection of Citizens' Rights are the primary foundations of a Democratic Rule of Law. In practice, however, Indonesia's Religious Court system often presents problems of discrimination, particularly against religious minority groups and those outside the normative majority. While the Religious Courts, which are based on Islamic Law, have constitutional legitimacy, their application frequently raises serious issues concerning access to justice, equal rights, and the recognition of citizens' identities. This article aims to analyze the relationship between citizens' rights and discriminatory practices within the Religious Courts in Indonesia from the perspectives of Constitutional Law, Human Rights, and the principle of Religious Moderation. Through a juridical normative approach and critical analysis, this article examines the extent to which the Religious Court system can guarantee the equality of citizens' rights or, conversely, reinforce the social exclusion of minority groups. The analysis reveals that disparities still exist in the fulfillment of constitutional rights, especially the Right to Freedom of Religion, Equality Before the Law, and the protection of vulnerable groups. This condition is exacerbated by majority biased regulations, exclusive legal interpretation practices, and weak oversight mechanisms. This article asserts that to realize a just and inclusive judiciary, regulatory reform, the strengthening of non discriminatory principles, and the application of Religious Moderation values within the national legal system are necessary. Thus, the fulfillment of citizens' rights must not be compromised by institutional discrimination within the Religious Courts.