Kajian Yuridis Terhadap Kasus Penolakan Pendirian Rumah Ibadah, Ditinjau dari Peraturan Bersama Menteri Agama dan Menteri Dalam Negeri No.9 dan No.8 Tahun 2006

Abstract

The rejection of the establishment of houses of worship remains a significant legal issue in Indonesia despite constitutional guarantees of freedom of religion under the 1945 Constitution of the Republic of Indonesia, Law Number 39 of 1999 concerning Human Rights, and the Joint Regulation of the Minister of Religious Affairs and the Minister of Home Affairs Numbers 9 and 8 of 2006. This issue reflects the gap between legal protection and its implementation in safeguarding citizens' constitutional rights and maintaining religious harmony. This study aims to analyze the legal framework governing religious harmony and freedom of religion in Indonesia, examine the regulation concerning the establishment of houses of worship under the Joint Regulation, and evaluate the government's role in addressing disputes related to the rejection of houses of worship. This research employs normative legal methods using statutory, conceptual, and case approaches. The findings reveal that although Indonesia has provided an adequate legal framework protecting freedom of religion and regulating the establishment of houses of worship, the implementation of the Joint Regulation has not yet been fully effective due to differing legal interpretations, community opposition, and the limited effectiveness of local governments and the Religious Harmony Forum in resolving disputes.