The Right to Establish Places of Worship in Indonesia: Religious Freedom, Local Regulation, and Theological Justice

Abstract

Access to places of worship represents a practical dimension of freedom of religion because religious communities require physical spaces to practice, organize, and transmit their faith. In Indonesia, disputes concerning the establishment and operation of places of worship have raised questions regarding local regulations, administrative requirements, community objections, and constitutional guarantees of religious freedom. This article examines the legal and theological dimensions of these disputes through a theological justice framework. Using normative juridical and theological analysis, the study evaluates constitutional protections, regulatory requirements, administrative practices, and theological principles concerning religious coexistence. The article argues that administrative procedures should not become indirect mechanisms for imposing unequal burdens on minority religious communities. From a theological justice perspective, religious communities have an ethical obligation to recognize the equal dignity and legitimate religious needs of others. The study proposes a rights-based regulatory approach emphasizing neutrality, proportionality, transparent administrative procedures, and protection against discriminatory local practices. It further argues that theological ethics can support legal reform by challenging exclusionary interpretations of majority religious interests. Strengthening protection for places of worship would therefore not only advance religious freedom but also provide a concrete institutional expression of justice, equality, and constitutional pluralism in Indonesia.