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Constitutional Court candidates grilled on religious freedom
The selection committee tasked to select a new Constitutional Court justice began scrutinizing the five remaining candidates on Tuesday, in a thorough interview aimed at drawing out their respective stances on constitutional rights and religious freedom
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he selection committee tasked to select a new Constitutional Court justice began scrutinizing the five remaining candidates on Tuesday, in a thorough interview aimed at drawing out their respective stances on constitutional rights and religious freedom.
Two independent experts, Franz Magnis Suseno of the Driyakara School of Philosophy--who is known as an advocate of pluralism--and former deputy religious affairs minister Nasaruddin Umar, were also present to help the committee grill the five candidates.
I Dewa Gede Palguna, a candidate who is also a former Constitutional Court justice and a constitutional law professor at the Udayana University in Bali, said religious freedom was guaranteed by the Constitution.
"The state has an obligation to protect any religion or belief regardless of whether those are [formally] recognized or not," Palguna said while answering a question raised by Franz about religious-minority groups and pressure on them from certain hard-line groups.
"I perceive it as whether a person or group violates the law while they are exercising such rights [of religious freedom]," he added. "If they [the minority] violate the law, any existing law, particularly the Criminal Code, the government should act; but, if other persons attack the groups, the government should also act [to prosecute the attackers and protect the minority]."
Franz later asked him about his view on civil marriage for those who came from different religions, marriages which are currently impossible since the Marriage Law stipulates that a marriage must be conducted according to the religious beliefs of the bride and groom, although the law does not actually ban such unions.
"In my opinion, if you refer to the Constitution, religious freedom is guaranteed as an individual right, which is very basic, therefore, I believe [such marriages] should be recognized by the state," Palguna said. "For me, it is allowed."
Imam Anshori Saleh, another candidate who is also a Judicial Commission commissioner said the government should ensure religious freedom.
"The state should ensure it and should protect it, particularly those who do not violate the law, regardless of their religions," Imam said.
The committee, set up by President Joko 'Jokowi' Widodo to find a replacement for current chief justice Hamdan Zoelva, whose term expires in early January, had previously decided to drop Hamdan's bid, after he failed to show up for a first-stage interview last week.
Three other candidates taking part in Tuesday's interviews were Yuliandri, a law professor at the Andalas University in West Sumatra; Aidul Fitriaciada Azhari, a lecturer at the Muhammadiyah University of Surakarta (UMS) in Central Java; and Indra Perwira, a law lecturer at the Padjajaran University in West Java.(+++)
