Legal Protection for Tolerance and Freedom Among Religious People in Indonesia

: Legal protection given by the state of Indonesia to the followers of religion as has been stated in the first principle of Pancasila the divinity of the Almighty, in which the state of Indonesia, although not a country based on a particular religion, but the state of Indonesia is a religious country, so that every adherent of religion guaranteed their rights and legally protected from all actions that harm the adherents of that religion. Legal protection has been contained in the 1945 Constitution of the State of the Republic of Indonesia in Article 28 E, 28 J and Article 29. The rights and freedom of religion may be limited to its fulfillment if it has the potential to interfere and interfere with the rights and freedoms of others. This is in accordance with the principle of harm-principle proposed by Jhon Stuart Mill and the view of Asma Jahangir who argued that the concept of restriction of religious freedom is only at the level of the external forum.


I. INTRODUCTION
The term toleration comes from Latin, "tolerare" which means being patient with something. 1 Based on the Indonesian General Dictionary, tolerance derived from the word "tolerant" means the nature or pause (enjoyment, allow, allow), different (and, custom, and so on) positions and or contrary to its placement. Tolerance also means a limit for measuring or enabling what is still in use. In Arabic, it is commonly called "ikhtimal, tasamuh" which means the attitude of caring for the breasts (samuha-yasmuha-samhan, wasimaahan, wasamaahan) means generous, charitable. 2 Thus, religious (tasamuh) burden is a patient notification, other people or others. So, Tolerance is a rule-like or human behavior, in which one can appreciate, respect others. 3 The legal basis ensuring the freedom of religion in Indonesia lies in our Constitution, namely Article 28E Paragraph (1)  Human rights are a set of rights inherent in human nature and existence as a creature of God Almighty and is a gift that must be respected, upheld and protected by the state, law, government, and everyone for the honor and protection of human dignity and 1 prestige. 5 Article 28E Paragraph (2) of the 1945 Constitution also states that everyone is entitled to freedom of belief. In addition, Article 28I Paragraph (1) of the 1945 Constitution is also recognized that the right to religion is a human right. Subsequently Article 29 Paragraph (2) of the 1945 Constitution also states that the State guarantees the independence of every citizen to embrace the religion.

II. METHODS
This research uses qualitative research type. Qualitative research is research that produces descriptive data in the form of written words or from people's oral or behavior that can be observed. This approach is directed to the background and the individual holistically and does not use the hypothesis (non hypothesis) so that in this study does not need to formulate the hypothesis. Researchers emphasize to clarify about a phenomenon that occurs or social reality by way of decrypt a number of variables related to the problem and the unit under study. 6 The data required for this study is data related to how people's views on pluralismee and how society keeps its harmony in a social environment. To explore the completeness of the data, then the necessary data sources as follows: (a) Primary Data Source; the subject of research ynag used as research information using measurement tools and data retrieval directly or known by the term interview or interview and make observations. 7 (b) Secondary Data Sources data taken indirectly from the data source. Secondary data in 5 Article shari'a which does not require the assistance of state power to exercise and therefore can be itself exercised by the religious adherents concerned, becomes a personal duty to God for each person, which he exercises according to his own religion respectively." 9 Protection against religion is also reinforced by the UN Resolution on blasphemy. Religious blasphemy violated human rights. Quoted from the Official Site of the Coordinating Ministry for People's Welfare. All of the above are issues relating to believers, and there is a need for in-depth study of the involvement of the state to provide legal protection to religious believers so that the conflicts in the field of religion can be minimized and can be resolved properly.

IV. RELIGIOUS TOLERANCE IN HUMAN RIGHT PERPECTIVE
Human rights are a constitutional right because of their higher status in the hierarchy of ordinary legal norms, primarily placed in a constitution or constitution. This means discussing the normative framework and the conception of constitutional rights is actually not much different from talking about human rights.
One of the problems faced by the Indonesian nation is the Conflict of national integration, law enforcement and human rights. One of the basic human rights that can not be reduced under any circumstances is the right of religion, even everyone is free to choose religion and worship according to their religion. The State guarantees freedom of religion, while the government is obliged to protect the population in the practice of religion and worship, as long as it is not contrary to the laws and regulations, does not abuse or stain religion, and does not disturb public peace and order. The task of the government should provide guidance and service so that every citizen in carrying out his religious teachings can take place in harmony, smooth and orderly both internally and inter-religious. 10 Related to tolerance, religious harmony and rejection of terrorism,

RELIGIOUS PERSONS IN INDONESIA
Legal Protection is to provide guidance to human rights harmed by others and the protection is given to the community so that they may enjoy all the rights granted by law or in other words the protection of the law is the various legal remedies which must be provided by law enforcement officers to provide a sense of security, both in mind and physically from disturbances and threats from any party. 11 A State of Law must have the absolute character or condition that it protects and guarantees the human rights of every citizen, for example one of the rights is the right of religion. Besides, one of the objectives of a legal state is to obtain the highest legal certainty (rechtzeker heid) for its citizens. Legal certainty is becoming increasingly important when it is associated with state law-based doctrine. It has become a classical knowledge in jurisprudence that written law is seen as more assured of legal certainty than the unwritten law. 12 According to Jimly As-shiddiqie, the state, under any circumstances, can not diminish the right of everyone to life, the right not to be tortured, the right of freedom of thought and conscience, the right to religion, the right not to be enslaved, the right to be recognized personally before the law, and the right not to be prosecuted on the basis of retroactive law. According to him, a country that guarantees human rights (one of them religious rights), then Everyone is free to embrace religion and worship according to his religion. Everyone has the right to freedom to believe in beliefs, to express thoughts and

VI. LIMITATIONS ON FREEDOM OF RELIGION
The provision of Article 29 Paragraph (2) stipulates that "in exercising their rights and freedoms, everyone shall be subject only to the restrictions laid down by law whose purpose is solely to secure the recognition and proper respect for the rights, rights and freedoms of others, and to fulfill fair conditions in matters of morality, public order and welfare in a democratic society ". This article affirms that freedom of religion and belief is not given in absolute absence of 13 Jimly Asshiddiqie, Demokrasi dan Hak Asasi Manusia, (Jakarta: Mahkamah Konstitusi, 2005). 14 St Sunardi, Keselamatan Kapitalisme Kekerasan, (Yogyakarta: LKIS, 1996). boundary ramburambu. In that sense, the rights and freedoms can be limited when it comes to the rights of others.
Breathing with the above provisions, John Stuart Mill put forward his idea of "harm-principle". This idea provides assertion that an individual is free to act as he pleases as long as he does not interfere with the rights of others with his actions. That is, freedom is not given without limitation in the implementation. Freedom is stopped when there is an intersection with the rights of others. The intersection undoubtedly limits one's freedom to avoid disturbing or harming the rights and freedoms of others. 15 The peculiarity and importance of religious freedom, many assume that religious freedom is merely a sublimation in human rights more broadly. This assumption is true because freedom of religion is a bound part of a bunch of other basic commodities of freedom.
However, the statement is denied by an interesting case. Religious freedom is not only a derivation of civil and political rights, but rather an independent right that forms the foundation of other rights in society. When freedom of religion becomes the right of everyone, then other freedoms will follow behind. there should be no restrictions other than those two things. According to this theory, the rights and freedom of a person's religion may be limited to the purpose of ensuring the right to the freedom of religion of another person or of a right different from another to be fulfilled.
In other words, freedom of religion can be limited by freedom of religion itself, as well as basic freedom that is different from others. 16 If the provision of restrictions on religious freedom as described by  requirements that must be taken by the community in the establishment of houses of worship. Respondents declared neutral on consistent licensing procedures and guaranteed equal rights for each religion in building government houses of worship. In a constitutional perspective, licensing is one form of control and is an exception to a prohibition. Therefore, the existing procedures must be consistently applied so as to guarantee equal rights for every citizen.

VIII. THE GOVERNMENT'S ATTITUDES IN RELATIONSHIPS BETWEEN RELIGIOUS RELATIVES
The answer has the highest frequency in the category of not agreeing on the indicator of socialization activities undertaken by the government. The government is considered not to socialize the rules of establishment of means of worship well. Socialization is needed in order to cultivate harmony, mutual understanding, mutual respect and mutual trust among religious people. Therefore, in the future, this socialization activity needs to be improved.

IX. CONCLUSION
This research it is concluded that randuacir society's view of The purpose of religion is to control yourself, not to criticise others.