Religious Freedom and Local Government Regulation in Indonesia: Assessing the Human Rights Impact of Permit Requirements for Houses of Worship

Abstract

The establishment and operation of houses of worship in Indonesia have periodically generated disputes concerning licensing, local regulations, community objections, and freedom of religion or belief. Although administrative requirements may serve legitimate planning purposes, their implementation can create unequal barriers for religious minorities. This article examines the human rights implications of local regulatory practices governing houses of worship. Using normative juridical and policy analysis, the study evaluates constitutional guarantees, administrative requirements, local government authority, and principles of equality and non-discrimination. The article argues that administrative procedures should not become indirect mechanisms for restricting the exercise of religious freedom. The study proposes a rights-based licensing framework based on objective criteria, transparent procedures, consistent application, and effective judicial or administrative remedies. Local governments should distinguish legitimate regulatory considerations from objections based solely on religious identity or majority preference. The article concludes that protecting freedom of religion requires not only constitutional recognition but also institutional mechanisms capable of preventing discriminatory implementation at the local level.