Governing Sacred Spaces: Regulatory Gaps and Religious Freedom in Kudus

The approval processes for houses of worship in Indonesia are complex and contentious, often intertwining administrative law with the principle of religious freedom. This study critically examines the regulatory framework in Kudus Regency, highlighting the discrepancies between the Joint Regulation of the Minister of Religious Affairs and the Minister of Home Affairs Nos. 9 and 8 of 2006 and the Kudus Regent Regulation No. 6 of 2019. Utilizing a qualitative field research methodology alongside a normative-empirical legal analysis, this research integrates regulatory examination with empirical data obtained from the Kudus Investment and One-Stop Integrated Services Agency (DPMPTSP). The findings indicate that the current Regent Regulation fails to adequately differentiate between newly proposed houses of worship and those established prior to 2006. As a result, numerous pre-existing houses of worship are subjected to approval procedures intended for new constructions, despite explicit transitional provisions outlined in the Joint Ministerial Regulation. This regulatory gap not only generates administrative uncertainty but also poses considerable challenges to the safeguarding of religious freedom. The study advocates for the harmonization of these procedures in accordance with existing regulations, emphasizing the necessity for specific provisions that recognize and protect pre-existing houses of worship. Establishing such measures is crucial for ensuring legal certainty, equitable public service delivery, and the overall safeguarding of religious communities in Kudus.