STATE AND RELIGION RELATIONSHIP IN THE CONTEXT OF LAW ENFORCEMENT IN INDONESIA

Teuku Saiful Bahri Johan, Farhana Farhana

Abstract


The problem studied in this research is how the relationship between the state and religion in the context of law enforcement in Indonesia, especially regarding the views of religious values and state power in deciding a case based on the Pencasila Law. This research uses qualitative research - verification and direct observation using the analysis of Democracy theory and the 1945 Constitution model on the relationship between state and religion to see the influence of religious values on judges' decisions and Indonesian government policies. This research will prove the role of religious values in a more just political constellation. The focus of the study is set on three specific indicators, namely Transparency, Accountability and Law Enforcement and Government policies, this was chosen in connection with the symptoms that appear in the three indicators based on the results of initial observations, namely: 1). In terms of transparency indicators, so far the judiciary has not been fully open in the application of the law because the judiciary always tries to provide unsatisfactory information and data to the public or the public; 2) In the accountability indicators, so far, it seems that the lower courts (First Level) do not have the same understanding with the higher Courts (Appeal and Cassation level) against a mighty; and 3) On indicators of law enforcement and policies, the Government has not fully implemented the Pancasila law as a form of justice for the Indonesian people.




DOI: http://dx.doi.org/10.26532/pdih.v4i4.20781

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