REPUBLIKA.CO.ID, JAKARTA -- Constitutional Court (MK) has decided to grant petition of judicial review of words 'religion' in Law No. 23/2006 on population administration. Article Number 61 paragraph (1) and Article 64 paragraph (1) in the law was stated contradictory with the 1945 Constitution, as it was not interpreted to include 'beliefs'.
"The panel of judges granted the whole petition of the petitioners," said Chief Justice of the Constitutional Court, Arief Hidayat, when reading the verdict at MK Courtroom, Central Jakarta, Tuesday (November 7).
Arief continued the judges has declared the world 'religion' in Article 61 paragraph (1) and (2), also Article 64 paragraph (1) and (5) was contradictory to the 1945 Constitution and has no legal force. It was conditional binding, as long as it does not include 'beliefs'.
The judges also declared those articles contrary to the 1945 Constitution and had no binding legal force. Judicial review was asked by four persons, Nggay Mehang Tana, Pagar, Demanra Sirait, Arnol Purba and Carlim.
In their petition, they argued those article were contrary to the principle of a state of law and the principle of equality of citizens before the law. In the written formulation, family card (KK), and e-ID card contain elements of religious information in it, but specifically for non-mainstream religious believers, the column has been left empty.
People who do not list their religion on identification cards had led to violations of the fundamental rights of whoever as believers. It also made they unable to ccess and obtain other basic rights, such as the rights to education, the rights to work, the rights to health, the rights to social security and all its services. They also considered it as a form of discrimination.