Rejection of Former Shia Community in Sampang Perspective on Human Rights Law: Discourse of Religious Rights and Freedom in Indonesia

Abstract

Heretofore, Tajul Muluk and 274 former Shia have not been able to return to their hometowns in Nang-krenang Village, Omben Sub-district, Sampang District, Madura Island, and even though they have pledged repentance to return to Sunni teachings on November 5, 2020. Sampang's community and religious leaders still need proof of their seriousness in returning to Sunni teachings and want to ensure the spoken pledge is not part of the 'taqiyah'. The formulated research problems consisted of: first, what was the position of former Shia adherents in Sampang District based on the perspective of rights and freedom of religion in Indonesia? Second, what was the form of violation of the right to freedom of religion in the case of community rejection of former Shia in Sampang District? This research used empirical legal research methods with legal sociological and legal anthropological approaches. The research results included: First, the existence of these former Shia adherents should be positioned as victims of acts of violence and violations of religious rights and freedoms, not as guilty parties. They were considered to be embracing a deviant religious sect. Second, the rejection of the former Shia adherents was a violation of the right to freedom of religion. which had been regulated in the constitution, laws, and regulations under the constitution and the spirit of the Indonesian nation.