HAK KONSTITUSIONAL DAN TANTANGAN IDENTITAS: PERLINDUNGAN BAGI KELOMPOK KEPERCAYAAN MINORITAS DI INDONESIA DALAM PERSPEKTIF FIQH SIYASAH

Abstract

This article discusses efforts to protect the constitutional rights of minority belief groups in Indonesia, who face structural and social challenges in exercising their right to freedom of religion. Through a qualitative approach and literature review method, this study analyzes the implementation of constitutional rights and the relevance of fiqh siyasah in strengthening the protection of minority rights. The principle of hifz al-din within maqasid al-shariah is identified as a significant normative framework for safeguarding religious freedom, with potential applications that align with the values of justice and balance within Indonesia's legal system. The findings indicate that discrimination against minority groups in Indonesia is often due to non-inclusive legal interpretations and public intolerance. Within fiqh siyasah, the principles of justice, public welfare, and human rights protection provide a theoretical foundation for the development of fair and inclusive policies. This study’s recommendations include strengthening law enforcement, reforming public policies related to identity registration, and promoting pluralism to create a more tolerant social environment. This approach is expected to support the protection of constitutional rights for minorities and enhance social integration within Indonesia’s diversity.