THE FREEDOM OF RELIGION WITHIN A SYSTEM OF BASIC RIGHTS ACCORDING TO THE GERMAN BASIC LAW AND THE INDONESIAN CONSTITUTION

I. Constitutional Order with Basic Rights under Eternal Principles The “Basic Rights” as laid down in the German constitution, the Basic Law of 1949, draw a conclusion from the universal idea of Human Rights: This idea is a crop of the belief, that every human being is endowed with dignity and therefore has a “right to have rights”. These Rights are universal, eternal, perhaps of divine origin, but can not be sued in a state court. The fundamental native rights of the human person therefore have to be written down and guaranteed in a constitution drafted and imposed by men – in the case of Germany: the so called Basic Law (see Art. 1 secs 1-3 GG). It is, as is the 1945 Constitution of the Republic of Indonesia (UUD 1945), which also