HIFDZUDDIN AND THE GUARANTEE OF FREEDOM OF INDIGENOUS BELIEF ON INDONESIAN IDENTITY CARD/KTP

Indigenous faith followers/believers receive discriminatory acts. This is as regulated in Article 61 paragraph (1), paragraph (2) and Article 64 paragraph (1), paragraph (5) of the Population Administration Law. In this regulation, for followers of belief, the religion column is not filled because it is not recognized by the state. The discriminatory treatment in the Population Administration Law is then submitted for a judicial review to the Constitutional Court. This writing questions the decision of the Constitutional Court Number 97 / PUU-XIV / 2016 from two aspects, Hifdzuddin and Guarantee of Freedom of Belief. This writing is writing normative law with a conceptual approach (conceptual approach) and a statutory approach. The result of this writing, the decision of the Constitutional Court Number 97 / PUU-XIV / 2016 is in accordance with the concept of hifdzuddin with respect for followers of other religions and beliefs. Besides that, this decision is also in accordance with the concept of guaranteeing freedom of belief in accordance with the 1945 Constitution.


A. INTRODUCTION
The problems of believers have almost no end. Several issues related to existence and security in various aspects are often not resolved. In fact, the issue of guarantee and protection is the responsibility of the state. This is as stated in the fourth paragraph of the 1945 Constitution of the Republic of Indonesia (UUD 1945). In the alines, it is stated that the state protects the entire Indonesian nation and all Indonesian bloodshed. Therefore, that in state administration, equality is created according to the conception of equality before the law. 1 Guarantees for matters of belief, belief, and worship have been regulated in the 1945 Constitution. This guarantee is explicitly stated in Article (1) KK contains information regarding the KK number column, the full name of the head of the family and family members, NIK, gender, address, place of birth, date of birth, religion, education, occupation, marital status, the status of family relations, citizenship, immigration documents. , parents' names.
(2) Information regarding the religion column as referred to in paragraph (1) for Residents whose religion has not been recognized as a religion in accordance with the provisions of the Legislation or for believers of faith is not filled in, but is still served and recorded in the Population database.
Whereas in matters of KTP, Article 64 paragraph (1) and paragraph (5) of the Population Administration Law states: (1) The e-KTP contains a picture of the Garuda Pancasila emblem and a map of the territory of the Unitary State of the Republic of Indonesia, containing population data elements, namely NIK, name, place of birth date, male or female, religion, marital status, blood type, address, occupation. , nationality, passport photo, validity period, place and date of issue of the e-KTP, and the signature of the e-KTP owner.
(2) The population data element regarding religion, as referred to in paragraph (1) for residents whose religion has not been recognized

B. METHOD
This research is a normative study using a conceptual approach and a statutory approach. The materials used are laws and regulations as well as journals, books, and proceedings. In terms of implementing sharia, hifdzud-din has the highest degree. This is inseparable from religious teachings in order to maintain the spread, confirmation, guarding and prevention of misuse of Islamic aqidah 6 so that the continuity of a religious teaching can be maintained and sustainable. Also, religion and belief are also regulated in Article 58 paragraph (2) of the Population Administration Law, which places religion and belief as different things. 9 Third, that what was tested/judicial review at the Constitutional Court was the issue of article 61 paragraph (1), paragraph (2) Apart from that, the Constitutional Court also stated that Article 61 paragraph (2) and Article 64 paragraph (5)  column. However, those whose religion is not recognized by statutory regulations will be left blank. This is, of course, a form of discrimination.
The decision of the Constitutional Court is in line with the concept of guaranteeing freedom of belief guaranteed in Article 28E paragraph (1), (2), and Article 29 of the 1945 Constitution. This is marked by the signing of the return of guarantees for adherents of belief. For followers of the faith sect, it is possible to register their beliefs on the KTP.
In principle, the issue of freedom of belief has been described. Solutions to differences in religion and belief were resolved when the Indonesian state was founded. The founders of the nation chose the conception of Godhead in One God. This selection is based on the understanding that in Indonesia, there are many religions and beliefs. Each man in Indonesia is obliged to respect the religion and belief. Therefore, every individual has the freedom to believe. 12

D. CONCLUSION AND SUGGESTIONS
Article 61 paragraph (1), paragraph (2), and Article 64 paragraph (1), paragraph (5) of the Population Administration Law have provided discrimination to adherents of belief. This is as regulated that for adherents of a belief / whose religion is not recognized in statutory regulations, the religion column is not recorded. The decision of the Constitutional Court has guaranteed that Article 61 paragraph (1) and Article 64 paragraph (1) referred to as religion includes belief. The decision of the Constitutional Court is also in line with the concept of hifdzuddin and the guarantee of freedom of belief.