Secularism in a Legal Perspective: History, Impact, and Implementation in Various Countries

Legal Literacy - Secularism is a political ideology known for the practice of separating state and religious powers. Although this concept is important in political and social studies, its discussion often escapes attention in legal studies. In fact, secularism has a major influence on the formation of legal norms in various countries. This article will explore the history of secularism, its impact, and variations in its application in the world, including its relevance to Pancasila as the ideology of the Indonesian nation.

Understanding and History of Modern Secularism

According to Britannica, secularism is "the belief that religion should not be involved in government, education, or public affairs of a society." This view began to develop with the decline of the cultural influence of religion in social life, as explained by Charles Taylor in his book A Secular Age. Taylor notes that secularism is rooted in social transformations in Europe and North America due to the declining dominance of religion in community culture. Modern secularism emerged from the history of religious conflicts in Europe in the 16th to 17th centuries. One important moment was the Treaty of Westphalia (1648) which ended the war between Protestants and Catholics. This treaty was an important milestone in the history of secularism because it created the concept of religious freedom while affirming the principle equal before the law (equality of individuals before the law). Furthermore, this agreement also reinforces the sovereignty of the state within the international political system.

Types of Secularism Implementation in Various Countries

The primary objective of secularism is to mitigate interreligious conflicts through the assimilation of individual identities as part of the state. In the vertical relationship between the state and its citizens, secularism emphasizes a social contract wherein individual freedoms are regulated within the corridors of state sovereignty.

1. Each country has a unique way of implementing secularism based on its history and culture. Here are some examples of the implementation of secularism in the world: England and the Act of Supremacy England implements secularism through the Act of Supremacy
2. which requires all religious groups to submit to the authority of the King as the holder of state sovereignty. The United States and the Bill of Rights In the United States, the first article of the Bill of Rights
3. guarantees freedom of religion, speech, and association. This principle also influenced the development of the UN Declaration of Human Rights in 1948. France and Laïcité France is known for the principle ofLaïcité
4. , which asserts an extreme separation of religion and state. This includes the prohibition of religious symbols in governmental activities or education under the auspices of the government. Turkey and Kemalism Turkey, under Kemal Ataturk, adopted secularism through the ideology of, which is similar to Laïcité. However, in the era of President Recep Tayyip Erdogan, state support for the majority religion (Islam) has become more visible, although legally, secularism remains guaranteed.
5. India and Pseudo-Secularism India faces challenges in the implementation of secularism. Its constitution guarantees freedom of religion, but the practice of different religious laws often leads to conflict. As a result, the term pseudo-secularism, which refers to inconsistencies in the practice of secularism, has emerged.
6. Indonesia and Pancasila In Indonesia, secularism is reflected in the first principle of Pancasila, which guarantees freedom of religion. However, the application of religious law only applies to the majority group, namely Muslims. The main difference between Indonesia and other secular countries, such as France, is the individual's freedom to use religious symbols in state activities. Even so, secularism in Indonesia faces criticism, especially regarding the limited recognition of religions and obstacles to the establishment of places of worship for minority groups.

Impacts and Challenges of Secularism in Indonesia

Secularism in Indonesia has helped reduce religious conflicts through a legal approach that promotes justice for all parties. However, its implementation still faces challenges, such as the lack of recognition of religions outside the five main religions and disparities in religious freedom at the local level. These issues often create conflicts between majority and minority groups.

Conclusion

Secularism is an important foundation in creating harmonious relations between the state and society. With its long history that includes the principles of religious freedom and equality before the law, secularism continues to evolve according to the culture and traditions of each country. In Indonesia, secularism is present in the form of Pancasila, which emphasizes harmony between religion and the state. Law students are expected to understand this concept more deeply to enrich their insights into the relationship between law, politics, and culture.