Exclusive policy in guaranteeing freedom of religion and belief: A study on the existence of sharia-based local regulations in Indonesia and its problems

Abstract This study focuses on sharia-based local regulations in Indonesia, particularly in Padang City, West Sumatra, where such regulations exist strongly, despite the absence of special autonomy to implement sharia as in Aceh Province. However, the strong existence of these regulations has resulted in problems at the community level, particularly concerning the freedom of religion and belief (FoRB), and its teachings in various forms of obedience. The study found that the existence of sharia-based local regulations in Padang needs to be understood in the context of the majority of the population in the city are Muslims who associate themselves with the Minangkabau people. These regulations exist because of the link between individual and community commitments to the Minangkabau adat, sharia, and conservative interpretations of Islam. However, the strong existence of these regulations has harmed the enjoyment of the FoRB, rooted in the logic of majoritarianism and a conservative approach. Therefore, annulling sharia-based local regulations using a judicial mechanism is a reasonable action to consider. However, this study also found that the use of a judicial review mechanism in Indonesia still contains various problems, which present a challenge in reviewing local regulations.


Introduction
The existence of sharia-based local regulations in Indonesia is a fairly complex phenomenon (Ali-Fauzi & Mujani, 2009), considering that Indonesia is not a religious state. (Makin, 2018) However, efforts to formalize Islamic law through national and local legislation have been employed since time immemorial (NASHIR, 2017), resulting in strong pros and cons at the community level. The pro-group supports the correlational relationship among the authorities, the Qur'an, and individual piety. (Suharso, 2006) Sharia-based local regulations are also a manifestation of the legal system pluralism. (Alim, 2010) The contra group holds diverse opinions. For example, Bik rejects these regulations due to their discriminatory application and gender bias. (Bik, 2013) Ali-Fauzi and Mujani pointed out that these local regulations have undermined civil liberties and the right to education, and the contents are discriminatory and do not commit to the equal status of every individual before the law. (Al-Ayyubi, 2013) Jati further stated that most sharia-based local regulations have a strong elitist nuance and are only implemented to favor certain groups, as well as being perceived as a commodity for electoral interests. (Jati, 2013) He also argued that this obscures and even reduces the nature of sharia itself. A 2018 survey also showed that 51.5% of Indonesians disagreed with the existence of sharia-based local regulations, while 47.2% had not benefitted from the positive impact of their implementation. (Hutabarat, n.d.;Suryani, 2018) A similar situation, which was pointed out by Ali-Fauzi and Mujani, was also noticed at the elite level. (Ali-Fauzi & Mujani, 2009) Amidst the strong pros and cons of sharia-based local regulations, the irony is that it is implemented in many regions in Indonesia. (Buehler & Muhtada, 2016) One of such areas is Padang City, West Sumatra, and its existence in this region has been in the spotlight lately. In early 2021, a parent protested against a rule in one of the public schools, which mandated all its students to wear a headscarf, including non-Muslim, on the grounds of local wisdom (Supreme Court Decision Number 17P/HUM/2021). This rule was based on the Instruction of the Mayor of Padang Number 451.442/Binsos-III/2005 concerning the Implementation of Youth Wirid, Early Morning Education, Anti Togel or Drugs, and Muslim/Muslimah Dress for Students at the Elementary, Junior, and Senior High Schools/Madrasah Ibtidaiyah, Tsanawiyah, and Aliyah (Supreme Court Decision Number 17P/HUM/2021). Besides, Local Regulation Number 5 of 2011 concerning the Implementation of Education mandates Muslim students to wear Muslimah clothing. Several parties consider the policy to be discriminatory, unlawful, (Interview with the Director of the Padang Legal Aid Institute, January 2022) and have a negative impact on human rights, and schools, while the government believes that it accommodates local wisdom and religious obligations (Interview with a community representative, the Legal Department of the Padang City Government, and a member of the Local Parliament, January 2022).
In response to this case, the central government issued a Joint Decree of the Ministers of Education and Culture, Home Affairs, and Religion (Joint Decrees of the Minister of Education and Culture, Minister of Home Affairs, and Minister of Religion Number 02/KB/2021, 025-199 of 2021, and Number 219 of 2021 concerning the Use of Uniforms and Attributes for Students, Educators, and Education Staff in The School Environment Organized by the Local Government at the Elementary and Secondary Education Levels). It emphasized on the need for every student, educator, and academic staff to wear the mandated uniform irrespective of religious differences. Local governments and schools were also warned not to incite, provoke, or prohibit the use of uniforms or attributes with respect to specific religious characteristics. Unfortunately, the Joint Decree was annulled by the Supreme Court after an attempt was filed for a judicial review by the Kerapatan Adat Alam Minangkabau Institution (Supreme Court Decision Number 17P/HUM/2021). This adat institution functions as a forum for resolving problems related to its customary law (Article 13 Regulation of the Mayor of Padang Number 50 of 2020 concerning Traditional Institutions in Padang City). The case of mandating non-Muslim and Muslim students to use headscarf and wear the Muslimah, including the annulling of the Three Ministerial Joint Decrees, indicates the strong existence of sharia-based local regulations in Padang City. Whereas, West Sumatra is not a province with special autonomy capable of applying Islamic law like Aceh, as opposed to other regions.
The predominant focus of studies on the infringement of the FoRB caused by sharia-based local regulations in Indonesia is on state actions in the legislative context. Hurryiyah (year) stated that the infringement is primarily driven by state actors and institutions' relentless efforts to control religion for political rather than ideological motives (Hurriyah & Hurriyah, 2020). In contrast, the present study found the existence of paradigmatic dimensions absorbed by power, which are not solely based on political interests. Hamayotsu reported that the increasing infringements to the FoRB in Indonesia are caused by the widespread access of hardliners including political institutions, and the emergence of conservative Muslim politicians (Hamayotsu, 2013). However, communities' commitment to traditional values, which in practice is interpreted in a particular approach so that it becomes a challenge to the enjoyment of the FoRB, has not been captured. Buehler and Muhtada also stated that factors, such as geographical proximity, institutions, intergovernmental relations, and economic conditions do not provide sufficient explanation for the pattern of diffusion of Sharia-based local regulations in Indonesia. It is strongly suspected that the existence of Shariabased regional regulations in Indonesia "was most likely to spread across jurisdiction" because of "local conditions." (Buehler & Muhtada, 2016). Furthermore, it does not present a specific analysis of the "local conditions", which is raised through this study. This is the background for this study to further examine the existence of these local regulations. The research questions are why do sharia-based local regulations strongly exist in Padang City, West Sumatra? In respect to the mandatory wearing of the headscarf, how does the negative impact of these regulations affect the enjoyment of the FoRB in the country? What are the problems encountered in using a judicial review mechanism to annul certain laws? The answers to these questions complement previous scholars' analyses and criticisms of sharia-based local regulations.

Method
This study was structured in three stages. In the first one, a desk-based analysis was conducted, including reading and analyzing scientific literature, laws, and regulations, as well as court decisions. It was aimed at fabricating (a) the hypotheses behind the strong existence of sharia-based local regulations in Padang City, West Sumatra, (b) the intersection and impact on the FoRB and (c) the issue of using the judicial mechanism to annul these regulations.
In the second stage, a field-based study was carried out through in-depth interviews with local government elements. These included a representative from the legal division of the Local Government, four representatives from the Local Parliament, and three people from civil society. The essence of the interview session was mainly to discover the social factors that strengthen the existence of sharia-based local regulations in the city and to identify the factual problems associated with its implementation at the community level. The results of this in-depth interview were processed by: (a) transcribing them verbatim, condensing the contents, finding the themes or keywords and its categorization, (b) explaining the constructed categories to discern its significance, and (c) drawing conclusions by abstracting the findings. The discoveries on social factors were regarded as primary data evaluated using the analytical framework described in the next sub-chapter. Consequently, the last stage was focused on the conclusion drawn.

The linkage of adat, sharia, and conservative interpretation in the existence of sharia-based local regulations
In the Indonesian constitution, sharia-based local regulations are legal products enacted by formal authorities at the local level (Article 7 paragraph (1) Law Number 13 of 2022 jo. Law Number 15 of 2019 jo. Law Number 12 of 2011 concerning the Formation of Legislation). (Anggraini et al., 2020) Its existence, whether based on sharia or not, is related to the implementation of local autonomy in the country (Article 18 paragraph (6) of the 1945 Constitution of Indonesia). (Widodo, 2021) In respect to positive law, sharia-based local regulations do not exist due to natural phenomena. However, its existence is mainly a result of human interaction. (de Jesús Pérez Durán, 2020) For this reason, studies related to sharia-based local regulations are supposed to be grounded in the human aspect of the local area, which at least covers the motivation and virtue of every individual and the people. (de Jesús Pérez Durán, 2020) In this case, human existence is inseparable from studies related to positive law, including sharia-based local regulations, considering that one of its functions is social control (Bix, 2021;Black & Bambang Murtianto, 2020;Pound, 1968;Raz, 2009). Based on the concept of natural law, the establishment and performance of the state, including the local government in the context of this study, is also inseparable from human interaction and individual free will. (FINNIS, 2011;Grotius, 2012;Locke, 2003;Pufendorf et al., 1991) Thus, it is necessary to understand the existence of sharia-based local regulations in Padang City based on the significance of the individuals and the people there. (Huda, 2013) The existence of sharia-based local regulations in Padang City is fairly strong (This is reflected in the case of forcing non-Muslim students to wear the headscarf at a school in Padang City, West Sumatra, which occurred in 2021 and the annulling of the Three Ministerial Joint Decree by the Supreme Court in the same year, which substantially strengthening the guarantee of the FoRB in the education system, including freedom in manifesting religious teachings and beliefs). To understand the non-legal factors, the logic offered by the individual methodological (MI) doctrine was employed. (Ahdieh, 2011) Even though it has no universal definition, (Romano, 2016;Udehn, 2002) MI's commitment is understood based on the notion that all collective behaviors, including local government actions towards the implementation of this policy, can be explained as a result of individual actions as the societal element. (de Jesús Pérez Durán, 2020;Fisse, 2020;Kampourakis, 2020) MI strictly focuses on individuals because they are considered the relevant unit of analysis, (Romano, 2016) the most basic, and the root of social norms, including positive law. (Megiddo, 2019) The people's preferences and actions in the community of Padang City, West Sumatera, specifically on the basis of motivation and aim, served as a determining factor in the strong existance of sharia-based local regulations there. (Gussen, 2016) The existence of sharia-based local regulations in Padang City needs to be understood because most of the population is Muslim. This was detected by the number of worship places in the city. In 2021, the Central Bureau of Statistics identified 5.312 mosques, 12.198 mushalla, 277 Protestant church, 127 Catholic churches, 8 monasteries, and 1 temple at the provincial level. Meanwhile, there were no pagodas, including Catholic and Protestant worship houses. Padang City comprises of 737 mosques, 737 mushalla, 7 Protestant churches, 5 Catholic churches, and 5 monasteries. There were also no pagodas, as well as Catholic and Protestant worship houses. (Badan Pusat Statistik Provinsi Sumatera Barat, n.d..) According to data from the Ministry of Home Affairs, 97.6% of West Sumatra's population are Muslims. (Kusnandar, n.d.) During one of the interview sessions, a member of the Local Parliament also confirmed that the number of Muslims in Padang is more than 95% (Interview with a Member of Local Parliament of Padang City, West Sumatra, Gerindra Faction, on 12 January 2022, and Head of Session Minutes Section of Local Parliament Padang City, West Sumatra, on 13 January 2022). This was also confirmed based on the series of sessions held with the civil society elements (Interview with two civil society representatives in Padang City, West Sumatra, on 12 January 2022). Amid this situation, the population of West Sumatra, specifically the Muslims, generally associate themselves with the Minangkabau people. (Huda, 2013) In radical version, the only people who can be identified as Minangkabau are those who are Muslim (Interview with Member of the Local Parliament in West Sumatra, Gerindra Faction, on 12 January 2022). Therefore, the existence of sharia-based local regulations in Padang City, West Sumatra, is inseparable from the dominant Minangkabau community.
The formation and application of sharia-based local regulations in Padang City were based on the wills and needs of the community. To borrow Salmi-Tolonen's phrase, this policy can be referred to as a concrete expression of the people's will, specifically those from Minangkabau. (Salmi-Tolonen, 1994) Moreover, because most of the population are Muslims, sharia-based local regulations are also generated due to the strong commitment of each individual to their adat philosophy, namely adat basandi syarak, syarak basandi Kitabullah (ABSSBK) (Interview with a Local Government and Legal Division member at Local Parliament in Padang City, West Sumatra, the Gerindra, Golkar, PKS factions, and the Head of the Session Minutes Section on January 12-14, 2022).
According to these findings, ABSSBK is currently understood to be restricted to Islamic law (Interview with the Member of Local Parliament of Padang City, West Sumatra, Golkar Fraction, on 13 January 2022). It simply means the Minangkabau adat is based on sharia, which in turn is dependent on the Qur'an (Interview with two representatives of the Padang City Legal Government Department on 12 January 2022). The position of Islamic law as the basis of this adat is referred to as an adaik nan sabana adaik, or what Peter Burns spoke of as an aboriginal custom or genuine norm (Burns, 1989) as a provision that is the highest in the hierarchy of adat, which cannot be amanded since it has already established and becomes a definite provision. (Interview with the Head of the Session Minutes of Local Parliament in Padang City, West Sumatra, on 13 January 2022). As Huda reported, the Minangkabau people are of the stance that adat is a subordinate of sharia. (Huda, 2013) Similarly, Frans and Keebet stated that adat rests on sharia and the sharia resrts on the Qur'an. (Benda-Beckmannn & Benda-Beckmannn, 2006) For the Minangkabau people, sharia is the main pillar (sandi) of adat, which is perceived as the condition for establishing a solid building. In a building construction, the absence of pillars will make it weak and prone to collapse (Interview with the Member of Local Parliament of Padang City, West Sumatra, Golkar Fraction, on 13 January 2022). By positioning Islamic law as such material in this circumstance, everyone who has a strong foundation is believed to be good (Interview with the Member of Local Parliament of Padang City, West Sumatra, Gerindra Faction, on 12 January 2022). The Minangkabau people do not only understand the adat jo. sharia as an abstract normative framework, rather it has also been internalized and translated into daily activities (Interview with the Head of the Minutes Session of Local Parliament in Padang City, West Sumatra, on 13 January 2022). Therefore, legislative process in Padang City is regularly faced with different opinions, as well as rejection from factions. Assuming a part of the legislation is committed to ABSSBK (adat jo. sharia), then all factions are bound to support it, regardless of the party's ideological basis (Interview with Head of Session Minutes of Local Parliament of Padang City, West Sumatra, Gerindra, PDIP, and PKS Fractions, on January 12-14, 2022).
Presently, this strong commitment led to the will to make adat jo. sharia (within the framework of ABSSBK) a local specialty (Interview with Member of Local Parliament of Padang City, West Sumatra, Gerindra Faction, on 12 January 2022). It makes efforts to formalize their genuine rule through legislative and executive authorities necessary (Interview with Member of Local Parliament of Padang City, West Sumatra, PKS Fraction, on 12 January 2022; Interview with Member of Local Parliament of Padang City, West Sumatra, Golkar Faction, on 13 January 2022). With the existence of sharia-based local regulations, the people feel more comfortable (Interview with Member of Local Parliament of Padang City, West Sumatra, Gerindra Faction, on 12 January 2022) and safe (Interview with Member of Local Parliament of Padang City, West Sumatra, Golkar Faction, on 13 January 2022), as well as closer to their adat and religion (Interview with Member of Local Parliament of Padang City, West Sumatra, PKS Fraction, on 12 January 2022), which in turn heightens hopes (Interview with 2 civil society representatives in Padang City, West Sumatra, on 12 January 2022). The impetus for this formalization was not only from the Minangkabau people and society but also religious and community leaders (Interview with Member of Local Parliament of Padang City, West Sumatra, Gerindra Faction, on 12 January 2022. Interview with Head of Session Minutes Section of Local Parliament of Padang City, West Sumatra, on 13 January 2022). This will was interpreted by the Local Government as public interest (Interview with two representatives of the Padang City Government Legal Department on 12 January 2022). In the legislative process, it is understood as the sociological aspect of local regulation formation. According to policymakers, when the provisions of the sharia-based local regulations are not supported by legal aspects, the lack of legal aspect will be covered by the strong sociological aspect because the latest was developed amid society considering that majority are Muslims (Interview with the Head of the Session Minutes of Local Parliament of Padang City, West Sumatra, on 13 January 2022). This strong social capital resulted in a dominant structure in the form of enacted policy.
The strong existence of sharia-based local regulations is also supported by the imaginations of the Minangkabau people about their future social order. In regard to the provison that mandates students to be proficient in reciting and writing the Qur'an, as well as dress in Muslim clothes, for example, parents in Minangkabau indeed expect their children to exhibit these attitudes in the future (Interview with the Legal Department of the City Government and 2 civil society organizations in Padang City, West Sumatra, on 12 January 2022; Interview with Member of Local Parliament of Padang City, West Sumatra, Golkar Faction, on 13 January 2022). In fact, positive law, including sharia-based local regulations, does have the ability to engineer the social reality both in the present and future. This is because one of its legal functions is social control, (Black & Bambang Murtianto, 2020) and in respect to this, normative claims in law are believed to harmonize societal order (Bix, 2021;Black & Bambang Murtianto, 2020;Raz, 2009) and shape social reality. (Burchardt, 2019) Based on this, Philip Allot stated that it is reasonable when sharia-based local regulations allow a society to shape its future. (Allott, 1998) In fact, Padang City has at least two sharia-based policies, namely the Local Regulation of Padang City No. 6 of 2003 concerning Proficiency in Reciting and Writing the Qur'an for Elementary Schools and Madrasah Ibtidaiyah Students, as well as Local Regulation Number 5 of 2011 regarding the Implementation of Education. The basis of the first law is to produce students who are able to write and recite the Qur'an, have faith in Allah SWT, as well as develop noble character that benefits the society, nation, and state. It is also intended to "form Muslims or Muslimah who is faithful and dovoted to Allah SWT." (Preamble Considering letter b and Article 2 of the Padang City Local Regulation concerning Proficiency in Reading and Writing Qur'an). Subsequently, this regulation mandates every student at the elementary school level to be able to proficiently write and recite the Qur'an (Article 4 paragraph (1) of the Padang City Local Regulation Number 6 of 2003 concerning Adept at Reading and Writing Qur'an for Elementary School and Madrasah Ibtidaiyah Students). This is realized with addition hours of Islamic education or study. The additional time is specifically used for learning to recite and write the Qur'an, at least two hours of lessons a week (Article 4 paragraph (2)  These regulations are currently perceived as an ideal necessity for the people, including every Muslim student who is good at reciting and writing the Qur'an properly, memorizing Juz'Amma and Asmaul Husna, as well as wearing a Muslimah uniform. The "good ones", are those who are able to realize the normative legal claims of the sharia-based local regulations. Given that it is bound to distinguish the good from the bad, those who do not comply are automatically categorized as the bad. In a more detailed manner, sharia is interpreted narrowly, textually, and exclusively. Those who are considered to be Islamic are narrowly identified by their physical appearance such as clothing, as well as their skill in reciting and writing the Qur'an. However, in Bruinessen's language, (Arifianto, 2019;Bruinessen, 2013;Wahid, 2014;Zuhdi, 2018) this kind of interpretation, including the formation and implementation of a sharia-based local regulation depicts a conservative turn in Padang City, West Sumatera.
In sum, the strong existence of sharia-based local regulations in Padang City, West Sumatera, need to be understood in the context of the city's population, who are predominantly Muslim and identified as Minangkabau people. These regulations were formed based on the following four motives. First, the commitment of most Minangkabau people to their adat philosophy, ABSSBK, places sharia as the highest norm. Second, the strong desire to embrace sharia compliance as a specialty of the city led to the adoption of relevant efforts necessary to characterize the region. The third is each individual's imaginations about societal order in the future. Fourth, a conservative interpretation of sharia which is then translated into sharia-based local regulations.
In the midst of the strong existence of sharia-based local regulations in Padang City, West Sumatra, serious problems related to the enjoyment of the FoRB, including to freedom to manifest teachings of religion and belief, are emerging. Moreover, cases related to forcing non-Muslim students to use headscarves were the background for the issuance of the Three Ministerial Joint Decree. This present study also identified that such issues tend to occur quite frequently. Coercion is also experienced by Muslims who actually choose not to wear headscarfs (Interview with the Director of the Padang Legal Aid Institute on 12 January 2022). Another problem is the non-Muslim students' inability to live comfortably and safely in boarding houses, specifically when those that put the crucifix in their rooms. They are often kicked out by boarding house owners because of this act(Interview with the Director of the Padang Legal Aid Institute on 12 January 2022). These victims are afraid to express their situation because they are considered as a minority and this is in addition to religious differences and diverse interpretations of sharia (Interview with the Director of the Padang Legal Aid Institute on 12 January 2022).

The adverse impact of sharia-based local regulations on the enjoyment on the freedom of religion and belief
Sharia-based local regulations, among others, are responsible for monitoring the citizens' clothing, ensuring the children are good at reciting and writing the Qur'an, as well as memorizing Juz'Ama and Asmaul Husna. In practice, this provision contains problems, for instance majority of the population is strongly committed to Islamic laws; therefore, these policies were rather developed with a conservative approach. Concerning fellow Muslims, those who decide not to wear the headscarf, for example, are stigmatized by society and even equated with non-Muslims (Interview with the Director of the Padang Legal Aid Institute on 12 January 2022). This shows the exclusive character of Islamic society, which is legitimized by efforts to formalize sharia-based local regulations. For non-Muslims, the existence of this local policy presents a bad experience, which forces them to engage in activities not in order with their religion (This is reflected, among other things, in the case of forcing non-Muslim students to wear the headscarf in the teaching and learning process at schools in Padang City, West Sumatra), because the non-Muslins are afraid to express themselves freely (Interview with the Director of the Padang Legal Aid Institute on 12 January 2022).
Sharia-based local regulations reflect the commitment of individuals and communities to adat. The adoption of a conservative approach led to a more formal sphere realized through public policy schemes. The question is, do sharia-based local regulations have a good impact on the enjoyment of the FoRB or not? The answer is obtained by having an in-depth understanding of the FoRB, including the freedom to manifest teachings of religion and belief, the local government's obligations towards the freedom, as well as its compatible existence.
The FoRB is a human right. Since the establishment of the Universal Declaration of Human Rights (UDHR), the individual-universal approach is the basis for understanding the right. (Scolnicov, 2006) This approach holds that every individual entitled inherent human rights, including the FoRB, by virtue of being human, regardless of other factors, such as ethnicity, religion, race, politics, sexual orientation, disabilities, and languages. One of the major proponents of this approach is John Locke, who argued in his work "Of the State of Nature" that all individuals are naturally endowed with perfect freedom and equality, with "no one having more than another." (Locke, 2003). Locke's natural law doctrine emphasizes the importance of protecting individuals' natural rights. Kerry L. Hunter stated that Locke natural law doctrine emphasized on the natural rights of humans (Hunter, 2016). In legal developments, Locke's teachings inspired the formation of The American Declaration of Independence on 4 July 1776, the French Declaration on the Rights of Man and Citizen on 26 August 1789, and the UDHR on 10 December 1948 (Przetacznik, 1978). With this approach, the guarantee of the FoRB is no longer influenced by the majority-minority issue but only realized to individual universally. Therefore, the UDHR and the International Covenant on Civil and Political Rights (ICCPR) use the term "everyone" to emphasize all humans' entitlement of this freedom (Article 18 on UDHR and ICCPR). A similar situation was also discovered in the national law. The Indonesian Constitution affirms that "everyone", regardless of the majority-minority situation, has the right to freedom of religion and belief (Article 28E paragraph (1) of the 1945 Constitution of Indonesia). In fact, it also ensures everyone's "independence" for this freedom (Article 29 paragraph (2) of the 1945 Constitution of Indonesia).
Referring to the UDHR, ICCPR, as well as the Indonesian Constitution, everyone has the FoRB, including to manifest teachings and practices of religion and belief in either public or private spaces. This was interpreted by adopting a natural law approach proposed by John Locke. According to Locke, everyone is naturally endowed with "perfect freedom" and "a state . . . of equality" to regulate their actions without the need to ask for permission or depend on others. (Locke, 2003) Regardless of the particular social, economic, cultural, or political conditions in which a person is found, "no one has more than another". (Locke, 2003) In the context of religion and belief, everyone's freedom is perfect in its natural state, including manifesting religious teachings and practices in various obedient forms. Under this natural state, limitation annot be applied to the FoRB, and no one has more freedom than the other. Furthermore, Locke also emphasized that natural law places a disposition for humans to move or participate in political life (society and state). (Andreescu, 2015;Locke, 2003) Locke stated that the purpose is to optimize the enjoyment of human rights, (Andreescu, 2015) including the FoRB in this context. In moving into social and political life, humans give some of their rights previously enjoyed. (Cruft, 2015;Lazarus, 2014) The phrase "give some of their rights" does not mean that the rights are releasesd to a new entity, which makes it becomes separate and no longer attached inherently to individual as the rights-holder. This is because Locke, as written by Morsink, believed that human rights are inalienable because they are existential, even when a political government has been established. (Curran, 2013;Morsink, 2009) Thus, the phrase "give some of their rights" when political life has been developed needs to be understood in the context of its goal. It entails preserving and ensuring that natural rights, including the FoRB, can be enjoyed to the fullest by everyone (right holder). As repeated by Hunter, for Locke, political power is properly understood as an extension of the human capacity to think about how freedom is preserved. (Cruft, 2015;Hunter, 2016;Wellman, 2011) Based on this significance, the recognition of the FoRB depicts a certain type of relationship between people. It requires individual rights (the rights-holder), which underlies certain obligations to the other people (the duty-bearer). During the enactment of human rights law, the individual is positioned as the right holder while the state, including local government, is perceived as the duty bearer. Therefore, the local government of Padang City, West Sumatera, must ensure that every resident optimally enjoys the FoRB, including its manifestations in religious teachings and various forms of obedience. The local government is not justified in intervening and controlling people's diverse religious practices (the obligation to respect the FoRB). Instead, it is mandated to the local government to develop local regulations and mechanisms to ensure everyone feels comfortable in terms of expressing their religious teachings and beliefs (the obligation to fulfill the FoRB). It was also mandated to prevent violations by certain individuals and groups regarding religious freedom (a part of the obligation to protect the FoRB).
However, human rights law allows limitation to the FoRB. The FoRB itself has two dimensions in nature; the internal dimension that is non-derogable and external dimension that is derogable. Distinguishing the internal from the external dimension on a non-derogable and derogable basis has certain implications related to state discretion in terms of limiting the enjoyment of this freedom. Although limitations are justified, human rights law has strict guidelines for the exercise of this discretion. According to Joseph and Castan, limitations can only be exercised on the derogable basis. The state is not justified in limiting the non-derogable or absolute rights "unless it has entered a valid derogation under article 4 or a valid reservation". (Sarah Joseph, 2013) This simply means that limitations on the freedom to manifest religious teachings, practices, worship, and other types of obedience can be exercised (Bagir et al., 2020; Gunatilleke, 2020) through regional sharia-based regulations. Article 18 paragraph (3) of the ICCPR, emphasizes that limitations on the FoRB are only acceptable when they are necessary to protect public safety, order, health, or morals, or the fundamental rights and freedoms of others as prescribed by law and justified in the context of the freedom to manifest religious beliefs and teachings.." The limitations on human rights " must be prescribed by national law". (Gunatilleke, 2020) According to Nowak, (Nowak, 2003) the limitations on human rights need to be described in a clear, unambiguous, and certain manner, through a national law accessible by everyone, both in the form of laws and lower regulations (Sarah Joseph, 2013). Human rights law itself has specific guidelines regarding limitations contained in the Siracusa Principles on the Limitation and Derogation Provisions in the International Covenant on Civil and Political Rights (Siracusa Principles). Point 10 letter c framed that limitations can only be exercised based on law, either in the form of laws including local regulations to achieve legitimate aims. Different from the Siracusa Principles, Article 28J paragraph (2) of the Indonesian Constitution stated that the constitution only justifies limitations under the basis of law. The Indonesian Constitution also sets out legitimate aims, such as the "consideration of morals, religious values, safety, and public order in a democratic society". Limitations on human rights can only be justified assuming the policymakers have the ability to prove that there is a serious and factual threat to one of the above legitimate aims (Case of S.A.S. v. France, Application no.43835/11, Grand Chamber of the European Court of Human Rights, 1 July 2014), as indicated from the case of S.A.S. vs France in the European Court of Human Rights. These include considering morals, religious values, safety, and public order in the Indonesian context.
It is also beneficial to argue that the new criminal code as stipulated in the Law Number 1 of 2013 still criminalizes certain conducts against religion, belief, and religious life or belief. Under the Chapter VII of the Code, two types of offences criminalized: (a) offenses against religion and belief; and (b) offenses against religious life or beliefs and worship facilities. The first type of offenses is stipulated in Article 300, 301, and Article 302, while the second type of offenses is regulated from Article 303 to 305. From these legal provisions, several offenses tend to infringe the freedom of religion as one of the fundamental principles in human right. In article 300, it is stipulated that "Any Person in Public Area who: (a) commit acts of a hostile nature; (b) express hatred or hostility; or (c) inciting violence, or discrimination, against religion, beliefs of other people, groups, or groups based on religion or belief in Indonesia, is punishable with a maximum imprisonment of 3 (three) years or a maximum fine of category IV." Article 302 section (1) states that "Any person who publicly incites with the intention that a person may not have a religion or belief in Indonesia shall be punished with a maximum imprisonment of 2 (two) years or a maximum fine of category III." Under human right perspective, the rights to be an atheist is a part of the freedom of religion which need legal protection. Therefore, the criminalization of such conduct infringes the human rights limitation (Butt, 2020). Article 303 section (1) states that "Any person who makes noise near a place to perform worship while the worship is in progress, shall be punished with a maximum fine of category I", while Article 305 section (1) stipulates that "Any person who desecrates a building of a place of worship or religious ceremony or belief or object used for worship or religious ceremony or belief, shall be punished with a maximum imprisonment of 1 (one) year or a maximum fine of category II." Both offenses have not legitimate aim to criminalize since they are merely dealing with the administrative violation (Fischer, 2021).
The existence of sharia-based local regulations in Padang City is more influenced by a greater percentage of the Minangkabau community. Based on the interviews conducted, no serious threats are found against the legitimate aims set out in the constitution. This means that limitations on the FoRB through sharia-based local regulations are not legitimate. The condition of the Muslim majority population and the Minangkabau community does not justify the local government in forming public policies based on the will of the community. This is because the Indonesian Constitution is committed to using an individual-universal approach in guaranteeing the FoRB for everyone. The interview results also showed that the local government is trapped in the logic of majoritarianism, which has changed the power structure to become dominant in the formation and implementation of sharia-based local regulations. Therefore, the FoRB for the minority is suppressed due to differences in religion and interpretation of the sharia provisions. The existence of a minority community composition should be the basis for the local government to formulate public policies capable of ensuring that freedom is protected for everyone, including in the manifestation of religious teachings and beliefs in various forms of obedience.
Sharia-based local regulations in Padang City exist to legitimize the exclusive character of the majority community. A conservative religious interpretation characterizes the formation hence the formulated contents are not substantial but formalistic. The substantive meaning of Islamic law is reduced to a physical apprearance such as clothing, memorizing, reciting, and writing the Qur'an and Asmaul Husna. Meanwhile, Islamic law contains many other substantive teachings that actually support diversity in the practice of religion and belief such as respect each other. (Maarif, 2010) In sum, the existence of sharia-based local regulations in Padang City has caused an adverse impact on the enjoyment of the FoRB, which occurred due to two factors. First, shariabased local regulations have interfered with the enjoyment of the FoRB for every citizen, specifically in manifesting religious teachings and beliefs in various forms of obedience. This intervention is carried out among other things by controlling the clothes of citizens based on religion and their preferences in accordance with reciting and writing the Qur'an as well as memorizing Juz'Amma and Asmaul Husna. Second, the regulations have been trapped in the logic of majoritarianism, hence, the guarantee of the FoRB follows the color of the greater percentage of the community. Sharia-based local regulations have failed to protect the FoRB for those in a minority position, including in manifesting their religious teachings and beliefs in various forms of obedience.
Based on the above situation, it is imperative to propose the annulling of sharia-based local regulations and rules related to non-compliance with the constitutional system in Indonesia. Judicial review, which can be submitted to the Supreme Court, can be currently used as a judicial mechanism in canceling sharia-based local regulations in Indonesia. However, the use of the judicial mechanism to annul sharia-based local regulations in Indonesia still raises various other issues. The following paragraphs discuss these issues.

The problem of dualism in judicial review
Legal thinking related to judicial review has always been questioned from inception, specifically when faced with the idea of democracy and people's sovereignty. (Collins, 2020) The most classic problem in the institutionalization of judicial review is related to the counter-majoritarian, (Landau & Dixon, 2020;Ura, 2022) regarding ways to recognize and resolve a crisis associated with nonpolitical institutions, such as the judiciary. Others include annulling a policy or legal norms carried out by political institutions, such as the government and parliament. (Mochtar, 2021) The existence of a judicial review is also seen as a counter-majoritarian difficulty because when the institution annuls a law as legilation product, then judicial insstitutions seem too be vis-a-vis in accordance with the will of the people, which is represented by the legislative and executive. (Karlan, 2021;Kastellec, 2016) The term represent itself is closely related to the meaning of the people in the context of democracy. Representative institutions, legislative or executiveelected by the people, are implicitly referred to as the people themselves. This is due to the transition from the community as delegates or mandates to individuals selected through the general election mechanism. Based on cases of judicial review, there is an implicit meaning in which the representative institutions have committed to violations of human rights. (Mochtar, 2021) The involvement of judges and courts can be irrelevant if we come to the reality where the legislative and executive will provide legal remedies to subjects whose rights are violated by their legal products, or at the very least, the legislative and executive conduct reviews on their legislation product. Therefore, Bickel's opinion regarding the counter-majoritarian is important while ignoring judicial intervention. The role of the courts in carrying out a judicial review, which keeps the state life in the corridor desired by the constitution, is vital in the community. (Mochtar, 2021) This is because the existence of judicial review is not against democracy but strengthens it in certain aspects.
The judicial review mechanism is an effective tool used to provide protection to the people from arbitrary government. Therefore, the people can equate views with the public protection of elected representatives. According to Grant, rights-based judicial review is a necessary protection against arbitrary government, such as undemocratic regimes and new or unstable democracies beset by deep corruption and other ills. (Grant, 2010) The construction of judicial review has been considered an integral part of a democratic rule of law. Parties no longer question the existence of judicial review or oppose it to democracy and the separation of powers along with strengthening constitutionalism and constitutional supremacy. However, the Indonesian Constitution still leaves serious problems in the dualism of the authority to review laws and regulations through the judiciary institutions. These include the Constitutional Court and Supreme Courts, which both have the authority to conduct a judicial review.
In practice, the dualism of the review mechanism for laws and regulations often creates legal conflicts and problems in Indonesia. For example, the authority of the Supreme Court in reviewing regulations that are hierarchically subordinate to laws (legislations), including local regulations, with respect to laws and the authority of the Constitutional Court to conduct judicial review to laws with respect to the constitution seem to position the later institution higher than the former. In fact, the Indonesian Constitution regulates the two institutions in an equal position. (Simanjuntak, 2018) Furthermore, for the same object, the Constitutional Court decision can in fact be different from the Supreme Curt decision. In practice, there are several conflicting decisions between these two courts, which have caused negative implications in developing Indonesian law. One phenomenal example in this context is the difference in the decisions of the Constitutional Court and the Supreme Courts regarding the existence of candidates for members of the parliament as administrators of political parties according to the Election Law (Compare the Decision of the Constitutional Court Number 30/PUU-XVI/2018 and the Decision of the Supreme Court Number 65P/HUM/2018). This is in addition to the issue of judicial review with the possible potential for differences of opinion, even though the Constitutional Court has three representative judges from the Supreme Court who are expected to become the institutional representations. (Hoesein, 2009) Another problem that also arises from the dualism system in Indonesia is the inconsistency of norms. The potential for inconsistency has been minimized with the enacment of the Law concerning the Constitutional Court. This law requires that the judicial review process in the Supreme Court must be suspended if the relevant law is being tested in the Constitutional Court at the same time. However, this provision has not been able to completely prevent the potential for interinstitutional conflict. A party has the authority to submit a judicial review to the Constitutional Court when it is not satisfied with the decision made by the Supreme Court. Based on the current situation, it is possible for both Courts to have different interpretations regarding the handling of cases with the same object. For example, a local regulation was once reviewed by the Supreme Court, which ruled the local regulations did not conflict with the law. However, parties who felt their rights were aggrieved returned to test the relevant law at the Constitutional Court, and the relevant law was annulled by the Constitutional Court decision. In this situation, the judicial review that was previously conducted by the Supreme Court was deemed futile because in the end the relevant law used in the Supreme Court was annulled by the Constitutional Court. A similar incident happened in 2009 in Indonesia, in connection with a case regarding the procedure for calculating the remaining votes for the 2009 election. (Achmad Mulyanto, 2013) However, irrespective of the most appropriate interpretation of the decision, there will be a continuous legal and constitutional chaos between the parties involved. This means that an appropriate new model needs to be formulated. According to Mahfud MD, as cited by Antoni Putra, (Putra, 2018) the Constitutional Court functions in a limited way to guarantee the consistency of all laws and regulations so that this institution only examines conflicting laws and regulations starting from the highest to the lowest in hierarchy. Therefore, the consistency and synchronization of all laws and regulations become linear in the Constitutional Court. The Supreme Court handles all incidents of interpersonal conflict, such as disputes over the dissolution of political parties, which is exempted from examining the material of laws and regulations.

Problems of the judicial review of sharia-based local regulations at the Supreme Court
The constitutional basis of the Supreme Court's authority in carrying out reviews on statutory regulations is written in Article 24A of the Indonesian Constitution. The Constitution authorizes a judicial review of local laws and regulations to the Supreme Court. Local, Government, Presidential, and Ministerial Regulations have been repeatedly challenged by the Supreme Court for their norm consistency with the laws (legislations). In carrying out this authority, several substantive and technical problems arose, hence, various parties requested that the judicial review authority be revoked. This section details several problems associated with a judicial review at the Supreme Court, including in the context of the annulling of sharia-based local regulations.
First, regarding the burden of cases in the Supreme Court. The caseload at the Supreme Court almost always increases qualitatively every year, and this is considered to be the classic problem of the Court. Therefore, granting authority in the form of judicial review will only add to the annual queue of cases. In fact, a judge needs to thoroughly examine a situation before making a decision that guarantees justice. (Hoesein, 2009) On average, the Court only has the ability to decide less than half of the cases annually, therefore, relieving it from the authority of judicial review can be considered a logical alternative. (Putra, 2018) Second, regarding the trial model conducted at the Supreme Court. The trial model not open to public. Therefore, the public cannot witness the process, which prevents them from determining the detailed origin of the decisions issued. The parties to the dispute were also not adequately interrogated at trial because when the petition for judicial review was filed at the Supreme Court, the Petitioner filed an Application and just waited for a decision. There is no opportunity for the applicant to provide argumentations to strengthen its petition. This process is exclusive, whereas there is the respect, fulfillment, and protection of human and constitutional rights of citizens issue that are questioned in the judicial review. The Supreme Court seems to equate the cassation procedural law with the judicial review, in which the Supreme Court does not require the parties to be present in the cassation because this process no longer examines the facts but directly examines the accuracy of the implementation of the norm in a case. In the context of judicial review, such procedural process is inappropriate. Judicial review is different from a cassation, where in cassation the legal facts of each case filed have been examined in sufficient detail by the District and High courts. In the judicial review, the applicants have never presented their arguments before the court previously given that the Supreme Court is the first and final institution to deal with the case. In fact, the procedural law for judicial review at the Supreme Court is only accommodated within the Supreme Court Regulation (PERMA), and not a law (legislation). This is carried out because the authority for judicial review associated with a legal void, which is filled through the issuance of a Supreme Court Regulation. (Achmad Mulyanto, 2013) Generally, the arrangement regarding procedural law should be accommodated by statutory legal umbrellas because the judicial review mechanism concerns norms regarding the human right of every citizen determined through the legislature.
Third, regarding the Supreme Court judges competence. This study is certainly not intended to question or doubt the legal knowledge and competence of the Supreme Court judges. In fact, the composition of judges was determined under the cambaer-based approach; the criminal, private, religious, military, and state administrative law chambers. In contrast to the competence of these chambers, the judicial review also requires basic knowledge of the science of legislation, human rights, democracy, and constitutionalism. This is because judicial review is related to parties whose rights have been harmed due to the enactment of a regulation from a formal and material perspective. The Supreme Court has not elaborated on the support of optimal guarantees through a judicial review mechanism. This is exacerbated by the placement of human rights laws, No.39/1999, separately from legal practice and judicial processes by judges in Indonesia (Pusat Studi Hak Asasi Manusia, 2022).
The judicial review of the Three Ministerial Joint Decree was used to identify the issue of judge competence, which emphasizes the guarantee of freedom for every student, educator, and education staff in wearing uniforms, with or without specific religious characteristics. However, the Three Ministerial Joint Decree, issued on the basis of forcing a non-Muslim student to wear the headscarf in Padang City, was annulled by the Supreme Court after a adat institution filed an application for judicial review.
The applicant rest the request for review on several reasons. First, the prohibition is contrary to Law Number 20 of 2003 concerning the National Education System, which places religion and culture as the basic values of education and the purpose of its implementation in Indonesia. Second, education is no longer aimed at realizing students who are faithful and devoted to Allah SWT. Third, religion and culture are no longer positioned as the roots of the education system. Fourth, there is hatred for Muslim clothing, specifically by those who agree with the Three Ministerial Decree. Fifth, Indonesian students have the potential to become secular (Supreme Court Decision Number 17P/HUM/2021). In this petition, the applicant also believes that the use of the headscarf is a manifestation of Islamic religious orders and teachings ((Supreme Court Decision Number 17P/HUM/2021). The applicant further stated that children "have not been given the freedom to make decisions because they are still classified as very young who need directives from the government and school" (Supreme Court Decision Number 17P/HUM/2021).
The Supreme Court needs to base the state's obligation to protect the FoRB for everyone, specifically children, to manifest teachings in various forms of obedience. It needs to depart from a fundamental awareness that the state, including local governments, does not have the ability to make policies capable of limiting the freedom of every person. (Holder, 2019;Karp, 2020) The persistent of such policies, through sharia-based local regulations, indicates that the Supreme Court within the framework of the obligation to protect needs to be mandated to provide an effective remedy to the violated freedoms. (Nowak, 2003) This obligation is realized through the mechanism for reviewing regulations by the Supreme Court to annul regulations whose contents violate the FoRB.
Furthermore, to respect the FoRB, the state and every individual are not justified in limiting various expressions as manifestations of religious teachings or beliefs (European Court of Human Rights Decision No.45701/1999, Metropolitan Church of Bessarabia andOthers v. Moldova, 2022, para.105). It is obliged to ensure that everyone can peacefully express all possible manifestations. (Berry, 2017;Krishnaswami, 1960;Taylor, 2005) Therefore, at this point, the Supreme Court should understand that any policy prohibiting or requiring people from wearing the headscarf is a form of state intervention in the FoRB. According to the previous subchapter, such intervention is not legitimate rather a policy is needed to ensure that everyone, can carry out their activities safely and peacefully irrespective of their religion and belief.
The violation of the obligation to respect everyone's freedom to manifest religious teachings or beliefs can also be classified as a violation of the freedom of expression. In this context, the Supreme Court needs to understand that freedom of expression provides space for everyone, including children, to freely express their religious teachings and beliefs, in writing, orally, or mode of dressing. (Riyadi & Hadi, 2021) The state is required to promote awareness that a child is e person who has freedom and reason that should be respected. One of the ways to achieve this is by opening up the possibilities for this expression and supplying every child with complete knowledge of various religions and beliefs.
Accordingly, the Supreme Court should also strengthen the space for the freedom that has been infringed by sharia-based local regulations. Unfortunately, the Supreme Court annulled the Three Ministerial Joint Decree in which the substance was directed to "ensure the fulfillment of the right to freedom of religion" and "stop the practice of violation". (a) The inability to oblige, order, require, and prohibit the use of uniforms and attributes with specific religious characteristics cannot be interpreted as a form of intolerance. This is because these attributes show the unique identity of religion, while at the same time emphasizing diversity. Students are accustomed to respecting each other's cultural, religious, and ethnic identities.
(b) Obligations, orders, requirements, or prohibitions are attributes of religious characteristics, which act as a habituation in the learning process for immature students. According to the Supreme Court, the government should not allow its citizens who are not yet adults to select uniforms not in accordance with their religion. This is because children are under the control and responsibility of their parents and incompetent to take legal action.
(c) The Supreme Court considers that the freedom of children to exercise their rights involves a psychological, emotional, and spiritual situation according to Article 14 of the Convention of the Rights of the Child (CRC). Therefore, children still need to be guided by adults and other parties with competence. The Supreme Court stated that freedom to manifest religion or belief for children is subject to certain limitations stipulated by laws and regulations to protect safety, order, morals, and the human rights of others.
(d) According to the Supreme Court, the issue associated with the violations of freedom of religion and belief caused by the Islamic dress policy is not a problem that can be resolved by issuing a Three Ministerial Joint Decree. The violations were concrete legal cases that could be resolved through legal mechanism, namely the judicial process on the basis of criminal, private, and state administrative law.
(e) The Three Ministerial Joint Decree raised new problems which led to the loss and noncompliance of religious norms, decency, and morality, specifically for students who were still young and easily influenced by external cultures. The Joint Decree also resulted in overlapping norms because guarantees for freedom of religion and belief have spread across the realms of criminal, private, and state administrative law.
Based on these five points, the Supreme Court in the first point has not proven how a policy obliges and requires the use of uniforms and attributes with certain religious characteristics respect or violate the freedom of every student in manifesting religious teaching or belief. The Supreme Court considers such a policy as a tool to strengthen religious identity that makes students tolerant. In this case, the court negates the concrete case behind the Joint Decree of Three Minister's issuance. (Supreme Court Decision Number 17P/HUM/2021) In the second and third considerations, the Supreme Court focuses on the status of children who are not yet legally capable of enjoying their rights fully. The Court did not place the children as a complete human being because their humanity, and entitled to the freedom of religion and belief inherently. This logic is incompatible with the naturalistic approach to human rights including freedom of religion and belief, believed to exist solely because of humanity, and not those of adults. (Alford, 2010;Charles, 2011;Griffin, 2008;Morsink, 2009) This fallacy is even more evident because the Supreme Court emphasized that the government should not provide freedom to its immature citizens from choosing a uniform not in accordance with their religion (Supreme Court Decision Number 17P/HUM/2021, p.189). It should be grounded to opening up all possibilities for children to manifest their religious teachings and beliefs in various forms, including dress. In third consideration, the court did not logically construct how the Joint Decree of the Three Ministers contradicts the legitimate aim of limiting human rights. Meanwhile, in the fourth consideration, it ignored the preventive dimension of the state's obligation to protect freedom of religion and belief realized through the Joint Decree of the Three Ministers. The existence of a concrete case behind this Joint Decree is known by the Supreme Court as criminal, private, or state administrative. Therefore, institutionally, the Supreme Court has failed to realize its obligation to protect the freedom to manifest a religion or belief, specifically through related to mode of dressing.
Fifth, regarding the relevant law in the judicial review. Problems with norms consistency in a judicial review can arise because refulations under the law (legislation) contradicts to the constitution but does not contradict to the law (legislation). This is reflected in the case of judicial review of the Three Ministers Joint Decree. In its reasoning, the Supreme Court explicitly stated that the obligation for students, educators, and education personnel to wear Muslim clothing in line with sharia-based local regulations is not contrary to the law. According to the Supreme Court, this obligation is consistent with all laws in the field of education administration. However, this study found that such sharia-based local regulations are contrary to the constitution, as elaborated in the previous section. This is a legal vacuum and a problem in Indonesian constitutionalism because it contradicts the constitution, not the law, then its review is not within the competence of the Supreme Court. Furthermore, the relevan law of the Supreme Court's judicial review authority is the law and not the constitution. The sharia-based local regulations also cannot be tested in the Constitutional Court because it does not have the authority to review such regulation. In fact, the existence of citizens harmed by the issuance of shariabased local regulations is factual. This issue will be addressed if the review of laws and regulations was unified under one institution, such as the Constitutional Court.

Conclusion dan recommendation
In Indonesia's constitutional system, local governments are authorized to form local regulations, such as in Padang City, West Sumatra. This study identified that sharia-based local regulations exist strongly in this province, whereas the province does not have special autonomy to implement syaria formally. Besides the fact that the majority population is Muslim and identifies themselves as Minangkabau people, the strong existence of such regulation is also strengthened by the commitment of Minangkabau poeple to their adat philosophy, namely adaik basandi syarak, syarak basandi kitabullah. This commitment then gives rise to two things, namely (a) motivation at the individual and community level to make adherence to adat jo. sharia as a local characteristic and (b) ethical presumptions on the ideal future order of society. Therefore, further formalization through executive and legislative powers is necessary, and this was interpreted by the government as a sociological and public interest. It supports establishment and implementation of a sharia-based local regulation. Sharia-based local regulations were eventually developed and implemented with a conservative religious interpretation.
This study confirmed that sharia-based local regulations are translated from the will and needs of the Minangkabau population, also trapped in the logic of majoritarianism. As the consequences, the guarantee of the FoRB is determined by the dominant structure of the society so that those who are minority becomes suppressed, wheter they are a minority because of religious differences or because of differences in interpreting the sharia. Thus, sharia-based regulations have a factual adverse impact on the enjoyment of the FoRB. In the midst of these negative impacts, one reasonable step that can be taken is annulling such regulation using judicial review mechanism. It can be submitted to the Supreme Court. However, this study identified that the use of a judicial mechanism to annull such regulation still contains various problems rooted in the dualism in the judicial review in Indonesia. Several serious challenges are identified in the use of the judicial mechanism, such as the caseload at the Supreme Court today, the trial model conducted in a closed process, the competence of judges who have not fully understood the significance of freedom of religion and belief and the state's human rights obligations, as well as the problem of the relevant law in a judicial review.
Therefore, this study promoted that the guarantee of freedom of religion and belief, specifically at the local level, is respected and protected universally based on the freedom entitled in every individual. The local government needs to start shifting the logic of the majority/minority composition in carrying out their duties to the individual-universal approach. In addition, local regulations are no longer subject to the logic of majoritarianism, which means they can provide optimal freedom for everyone to express their religion and beliefs in various forms of obedience, specifically those in a minority position. This study also considered the importance of developing other approaches in interpreting adat jo. sharia within the framework of adaik basandi syarak, syarak basandi Kitabullah. Religius interpretation with a conservative approach significantly interferes with the enjoyment of the FoRB. Moreover, this study also recommends modifying the judicial review mechanism in Indonesia, specifically to address the problem of institutional dualism in current judicial review.