PERAN MAHKAMAH KONSTITUSI SEBAGAI PENJAGA HAK KONSTITUSIONAL DALAM KASUS KEBEBASAN BERAGAMA DALAM PEMBANGUNAN RUMAH IBADAH DI KABUPATEN TAMBRAUW, PAPUA BARAT DAYA

Abstract

This study examines the role of the Constitutional Court of Indonesia as the guardian of constitutional rights in the context of religious freedom disputes related to the construction of a house of worship in Tambrauw Regency, Southwest Papua. The research employs a descriptive qualitative method using both normative and empirical approaches. The normative approach analyzes constitutional principles, relevant articles of the 1945 Constitution, statutory regulations—particularly the Joint Ministerial Regulation of 2006—and Constitutional Court decisions concerning religious freedom and minority rights. The empirical approach observes the implementation of these norms at the local level by exploring the social dynamics, interreligious relations, and administrative practices surrounding the permit for constructing a house of worship. Primary data were collected through in-depth interviews with local government officials, religious leaders, community representatives, indigenous Papuan figures, and constitutional law experts. Field observations were conducted to capture the socio-cultural realities influencing the dispute. Secondary data were obtained from legal documents, academic literature, official reports, and Constitutional Court publications. The data were analyzed qualitatively through data reduction, categorization, and interpretation to identify patterns and evaluate the alignment between legal norms and their practice in Tambrauw. The findings demonstrate that although the Constitutional Court functions as a key institution safeguarding constitutional rights, structural, administrative, and sociocultural challenges at the regional level often impede the realization of religious freedom. The study concludes that the Constitutional Court’s decisions require stronger implementation mechanisms at the local level to ensure the protection of minority religious groups and promote harmonious interreligious relations in Papua. This research contributes to understanding the interaction between constitutional jurisprudence and on-the-ground realities in regions with complex socio-cultural dynamics.