PERUBAHAN SYARAT PERMOHONAN REKOMENDASI PENDIRIAN RUMAH IBADAT DI KUDUS

Abstract

The freedom to embrace and practice religion is a fundamental human right guaranteed under Article 29 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. In practice, the establishment of places of worship often encounters administrative and social challenges, particularly within religiously diverse communities. This study aims to analyze changes in the recommendation procedure for establishing places of worship carried out by the Religious Harmony Forum (FKUB) of Kudus Regency and their implications for legal certainty for minority groups. This study employed field research using an empirical juridical approach and qualitative methods. Data were collected through interviews, observations, and documentation, while data analysis employed the interactive model of Miles and Huberman through data reduction, data presentation, and conclusion drawing. The findings indicate that changes in the procedure were implemented following the discovery of alleged misuse of community support data in the recommendation process for establishing places of worship. FKUB of Kudus Regency subsequently issued Technical Guidelines Number 73 of 2022 by introducing additional requirements, including user declaration letters, community support statements, village deliberation meetings, and approval from religious organizations. On the one hand, these changes strengthen legality and legal certainty in the process of establishing places of worship; on the other hand, they create additional administrative burdens for minority groups. Therefore, the implementation of policies regarding the establishment of places of worship should maintain a balance between legal certainty and the protection of religious freedom.