Ferdian Andi, Executive Director of the Center for Public Policy and Legal Studies (Puskapkum), Doctoral Program Student of the Graduate School of UIN Syarif Hidayatullah Jakarta.

 The month of Ramadan is the right moment in reflecting on the journey of nationality and statehood. This cannot be separated from the placement of the phrase religion, god, including other similar phrases into our constitution. Foundationally, even divinity is an important pillar in the state as stated in the first precept of Pancasila.

The portrait also shows that the Indonesian constitution can be qualified as godly nationalism (Jeremcy Menchik, 2014), constitutionalization of religion (Dian A.H. Shah, 2017), and godly constitution (Jimly Asshiddiqie, 2022). The mention of this term does not necessarily make Indonesia a religious country (theocracy). On the other hand, in the construction of Indonesian constitutional law, the guarantee of religious freedom to its citizens is increasingly confirmed.

Rafael Domingo (2017; 9) in God and The Secular Legal System, mentions the recognition of God into the legal system as a metalegal that does not in any way strip the neutrality of the state in the public sphere. Belief in God personally is different from legal recognition of God.  At this point, the state establishes formal and material relations with religion.

In formal relations, the state ensures that every citizen is guaranteed to practice his religion and beliefs freely, as stated in Article 29 paragraph (2) of the 1945 Constitution. This condition can be seen through the daily practice of religious life of the Indonesian people, including at this moment of Ramadan, the state actively facilitates the beliefs and religion of its citizens. Although not ideal, the formal relations between the state and religion are relatively good.

Meanwhile, in material relations, the state appears as a representative of the position (ambtenorganisatie) in the public sphere that must be subject to public legal reasoning. The relationship between the state and religion in the material aspect that displays the just side of religious values. State actions through regulations (regeling), policies (beleid), decisions (beschikking), and the determination of planning (het plan) should be manifested by religious values and spirit.

At this point, a moral reading of the constitution, as introduced by Ronald Dworkin in Freedom's Law, The Moral Reading of The American Constitution (1996; 12), must be done. Especially if you read the thoughts of the founding fathers on the existence of the precepts of the One Godhead, not only mutual respect and respect between religions, but more than that it becomes the basis for the path of truth, goodness, honesty, and brotherhood. (Yudi Latif, 2011; 115)

Public officials change periodically, both through general election mechanisms and political appointments, but in reality, public problems continue to emerge and accumulate. The old problem has not been completely solved, a new problem has arisen that is no less complicated. The anatomy of old problems and new problems is not much different.

At this point, the state appears to be in surplus in establishing formal relations with religion. State guarantees and support in the facilitation of citizens' religion are carried out abundantly. Even through the scheme of law benefiting religion (Keith N. Hylton, Yulia Rodionova, & Fei Deng, 2011), the state grants mining permits to religious organizations. The state seems to be at the forefront of formal relations with religious (mass organizations).

The expression of the state in formal relations with religion is one of them shown through the Ministry of Religion which is in charge of religious affairs. The state seemed to be present when facilitating religious organizations in the determination (itsbat) of the beginning of Ramadan and 1 Shawwal. The same situation when welcoming other religious religious moments.

At the same time, the material relations of the state and religion are in deficit. Noble religious values are not present in the public space of state administrators. A number of events sparked public concern. Such as corrupt practices, collusion, nepotism (KKN), marginalization of freedom of expression, neglect of basic rights of citizens, and other social problems.  

The relationship between religion and state presents the paradoxical face of Indonesia. The state and religion are surplus in building their formal relations, but at the same time the state and religion have a deficit in building their material relations. The linearity and balance between the formal and material aspects does not materialize.

This paradoxical situation can be seen from a number of problems that were photographed by residents on social media through hashtags as an expression of protest over situations that were considered less than ideal such as #IndonesiaGelap, #KaburAjaDulu, including the "Corruption League" meme which contained a list of large corruption that fantastically harmed the state's finances.

In Prabowo Subianto's government, the religious sector was included in the 8th Constitution, which is one of the sectors considered important. The pressure point on the issue of religion in this spirit is the issue of harmony and tolerance of religious people as one of the instruments to achieve justice and prosperity for citizens. 

In another part, it affirms the state's commitment to ensuring the freedom to embrace religion and beliefs of citizens. Likewise, derivative work programs in the religious field emphasize better religious services. Including lately, a "love curriculum" has emerged that has been enforced in religious educational institutions.

The government's vision, ideas, narratives, and work programs in the religious field in practice are still dwelling on the formal relations of the state and religion. Even if you want to touch on the issue of religious material, it seems to be stuck in the matter of packaging rather than the substance of the idea in question.

The government as the holder of the mandate and authority for the implementation of the constitution and laws and regulations should be familiar with data that shows the paradoxical side of Indonesia.

As found by CeoWorld Magazine in 2024, Indonesia is ranked seventh as the most religious country in the world at 98.7%. The indicators used are in the form of people believing in the existence of God and people obedient to carry out their religious teachings. The findings also seem confirmed when looking at religious fervor in Indonesia.

However, at the same time, contradictory data emerged about corrupt practices in Indonesia that have not receded. As per data released by the Attorney General's Office, throughout 2024 the state will suffer losses due to alleged corruption of Rp 310 trillion, 7.88 million U$, and 58,135 gold dollars. Likewise, the Attorney General's findings on alleged fuel corruption amounting to Rp 193.7 trillion which has recently become a public concern.

The paradoxical face of Indonesia should end with a serious effort to balance formal and material relations in state and religious relations. The state not only struggles in formal religious affairs, but more substantially makes divine values (religion) as a spirit in the management of state administration.

Ramadan is a good moment for collective correction whether or not our state is in accordance with the ideals of the nation's founders who placed divinity and religion in our constitution? Moreover, the 1945 Constitution was ratified by the Indonesian Independence Preparatory Committee (PPKI) to coincide with 10 Ramadan 1364 hijri or August 18, 1945. Hopefully the spirit of Ramadan virtue will spark this nation to upgrade to be better.