Implementation of the Constitutional Court Decision Regarding Amendments to Law No. 23 of 2006 Concerning Population Administration (Study on the Fulfillment of the Rights of the Tengger Beliefs)

Abstract

The Constitutional Court with its Decision No.97/PUU-XIV/2016 stated the word “religion” in Article 61 paragraph (1) and Article 64 paragraph (1) of Law No. 23 of 2006 concerning Population Administration as amended by Law Number 24 of 2014 concerning Amendments to Law Number 23 of 2006 concerning Population Administration is Contrary to the 1945 Constitution of the Republic of Indonesia and does not have legally binding force as long as it does not include "trust". Knowing and analyzing the Constitutional Court's decision at the Ministry of Home Affairs, the Population and Civil Registry Office of Passuruan District, and the Ngadiwono Village Head. This research was conducted using a sociological juridical approach by collecting primary and secondary data, and analyzed descriptively and qualitatively with a focus on the problem of how to implement the decision of the constitutional court no. 97 PUU-XIV/2016? and what are the inhibiting factors in implementing the rights of adherents of the Tengger tribal belief? From the research results, it is known that formally the Ministry of Home Affairs and Dukcapil have implemented the Constitutional Court's decision, but substantially have not implemented the Constitutional Court's decision. The inhibiting factor of the Constitutional Court is theoretically influenced by the paradigm of world religion. The Constitutional Court's decision must be implemented by all government agencies to respect, fulfill and protect trusts. 97 PUU-XIV/2016? and what are the inhibiting factors in implementing the rights of adherents of the Tengger tribal belief? From the research results, it is known that formally the Ministry of Home Affairs and Dukcapil have implemented the Constitutional Court's decision, but substantially have not implemented the Constitutional Court's decision.