suspect’s consent which resulted in the inadequate defense provided by the legal representative; and b) legal aid for the Masyarakat Hukum Adat (MHA) often do not considerate the specific social and cultural context MHA, such as failing to meet the need to use traditional languages during legal proceeding. L. Freedom of conscience and religious belief 65. Every year Komnas HAM continues to receive complaints regarding threats against freedom of religion and belief as of 37 cases in 2019, 14 cases in 2020, and 18 cases in 2021. One of the prominent cases handled by Komnas HAM was the case of Gereja Kristen Indonesia Yasmin (Indonesia Christian Church) who had waited for 15 years to establish the church. GKI Yasmin was finally able to build the church in a different location, near the original location, and inaugurated on 9 April 2023. 66. In 2021, the Ministry of Education and Culture, Ministry of Home Affairs, and Ministry of Religious Affairs released the Joint Ministerial Decree (JMD) No. 02, No. 025-199, and No. 2019 year 2023 on the Use of Uniforms and Attributes for Students, Educators, and Education Personnel in State Schools. The JMD regulates the freedom of the students, educators, and education personnel to wear uniforms and attributes with or without specific religious identification as well as prohibits government and schools from requiring them to wear uniforms and specific religious attributes in the schools. In this regard, the JMD could be appreciated as an improvement in guaranteeing the freedom of religion and beliefs in Indonesia. However, the JMD was overturned by the Supreme Court in the same year. 67. The establishment of house of worship in Indonesia is regulated through the Joint Ministerial Regulation of the Ministry of Religious Affairs and the Ministry of Home Affairs No. 8 & 9 Year 2016 on the Guidelines for Implementing the Duties of Regional Heads/Deputy Regional Heads in Maintaining Religious Harmony, Empowering Religious Harmony Forums and Establishing Houses of Worship. The JMR regulates the requirement for establishing a house of worship through the recommendation of the Forum of Religious Harmony (Forum Kerukunan Umat Beragama/FKUB) and Ministry of Religious Affairs, which requires approval of signature from 90 members of the religious community and proof of support from 60 peoples of the local community, or commonly known as 90-60 formula. Komnas HAM is of the view that the JMR could potentially discriminate and limit the freedom of religion or beliefs because the requirements mentioned above are subjective and prone to fall at the mercy of the majority religious adherents in the area, thus putting the local religious minority at a disadvantage.

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