When Majority Becomes Veto: Judicial Review of Religious Minority Exclusion in House-of-Worship Licensing in Indonesia

Abstract

Indonesia's constitutional framework formally guarantees freedom of religion and worship, yet religious minorities continue to encounter institutional barriers in establishing and maintaining houses of worship. This article examines how local licensing mechanisms may transform majority preferences into effective veto powers over the religious rights of minority communities. The study aims to identify the legal and institutional mechanisms through which seemingly neutral licensing requirements produce discriminatory outcomes. Employing normative juridical and socio-legal approaches, the research examines relevant constitutional provisions, regulations concerning houses of worship, selected judicial decisions, and documented conflicts involving religious minorities. The analysis focuses on the relationship between administrative discretion, local majoritarianism, and the state's positive obligation to protect minority rights. The article argues that the central problem is not merely the existence of restrictive requirements but the delegation of substantial regulatory power to institutions vulnerable to majoritarian pressure. Such arrangements may undermine equality before the law and transform procedural requirements into instruments of exclusion. The article proposes a rights-based interpretation of licensing authority, emphasizing proportionality, non-discrimination, and effective judicial oversight. It concludes that meaningful protection of religious minorities requires institutional mechanisms capable of preventing local majorities from exercising de facto veto power over constitutionally protected religious freedoms.