pdf A LEGAL AND CRITICAL HUMAN RIGHTS REVIEW OF THE BAN ON FRIDAY PRAYERS FOR MILITARY DETENTION

Abstract

Military detainees in Indonesia are subject to a complex legal regime, combining the correctional system with strict military discipline. This research examines the prohibition of Friday Prayer (Sholat Jumat) for military detainees from the perspective of national law and international Human Rights standards. Sholat Jumat is a fundamental religious obligation for Muslim males, constitutionally guaranteed by Article 29 of the 1945 Constitution (UUD 1945). Restrictions on this religious manifestation must adhere to the Proportionality Test, as stipulated in Article 18 (3) of the International Covenant on Civil and Political Rights (ICCPR). The research methodology employed is normative legal research, which is descriptive analytical, involving the examination of primary and secondary legal materials, including military regulations and correctional practices. The findings indicate that a total prohibition of Sholat Jumat, a manifestation of a non-derogable right, fails to meet the criteria of necessity and least restrictive means under the Proportionality Test. This inconsistency is exacerbated by the ambiguous nature of internal military regulations, which are less specific compared to civilian correctional facilities (Lapas), even though practices in certain Military Correctional Institutions (LEM) demonstrate that facilitating Sholat Jumat can be integrated with strict security protocols. It is concluded that a total prohibition constitutes a violation of human rights and the principle of spiritual development, necessitating the harmonization of military regulations through the TNI Commander’s Decree to guarantee the mandatory religious rights of detainees without compromising security.