Research on Humanities and Social Sciences www.iiste.org ISSN 2224-5766 (Paper) ISSN 2225-0484 (Online) DOI: 10.7176/RHSS Vol.9, No.4, 2019 67 Human Rights Protection Policy in Freedom Violations of Religion and Belief Winner Agustinus Siregar * , Iin Karita Sakharina ** * Doctoral Student, Graduate School, Hasanuddin University, Indonesia ** Associate Professor, Faculty of Law, Hasanuddin University, Indonesia Abstract Freedom of religion and belief is one form of human rights that cannot be revoked (non derogable rights). It is protected and guaranteed in various instruments both internationally and nationally, such as Article 18 of the Universal Declaration of Human Rights 1948, Article 19 of the International Covenant on Civil and Political Rights 1966, Article 29 (2) of the 1945 Constitution of the Republic of Indonesia guarantee and Law of the Republic of Indonesia Number 39 Year 1999 on Human Rights. One problem that arises in this context is the frequent occurrence of human rights violations in this field. How safeguards can be carried out in the context of the state and in community involvement. Keywords: freedom of religion and belief, human rights, protection. DOI: 10.7176/RHSS/9-4-08 I. Introduction Indonesia is a legal state. As a legal state, Indonesia regulates a variety of basic things, fundamentally as a nation in the constitution. One of the basic points is about human rights. The basic rights that everyone has since birth. Indonesia is also a country with a lot of diversity, one of which is diversity in religion and belief. As a legal state and as a democratic country, respect for human rights is one of its fundamental characteristics. Recognition of these human rights can be seen from the constitutional guarantees and existing laws and regulations. Although at a certain level, it still raises some big and basic questions. For example, whether existing legal instruments are available and sufficient to be implemented directly. One of the interesting things about this matter is that there are no separate laws that regulate this matter as big and important if considering that this religious matter is recognized in the constitution. Another interesting thing is how the state policy in the aspect of human rights protection can be done. Various phenomena that exist explain how the problem of religion and belief still leaves a lot of space to be debated in state relations and how citizens take an attitude in this matter. In the framework of constitutionality, religious freedom has an important position. A large number of human activities are protected by articles on religious freedom, freedom of expression, and political freedom. Religious freedom emerges as a basic human right in national and international instruments before the development of a systematic concept of protection for civil and political rights. Freedom of religion in a human rights perspective has a complex position. Often seen as a facilitator for the benefit of human protection as a social being, allowing humans to develop their own intellectual and moral personality, determine attitudes towards natural and supernatural forces and form relationships. 1 Religious freedom emerged as the most basic human rights in national and international political instruments, long before the development of thinking about systematic protection for civil and political rights. One of the main characteristics of the rule of law is the recognition of human rights. This is at the same time characteristic of a democratic country. Human rights will be seen in the constitution and laws and regulations below. Freedom of religion finds the heart of the main problem when dealing with state entities. In the current context, a number of issues concerning religious freedom have emerged, ranging from religion-based violence, banning certain teachings, to criminalizing those who are deemed heretical in their religious activities. Recognition of the existence of freedom in religion in the constitution is contained in Article 29 paragraph 2 of the 1945 Constitution of the Republic of Indonesia. 1 This article contains several important 1 Adi Sulistiyono, Kebebasan Beragama dalam Bingkai Hukum, paper, 2008