Author: Nivell Rayda
Publication: The Jakarta Globe
Date: February 4, 2010
URL: http://www.thejakartaglobe.com/news/constitutional-court-taking-up-indonesias-thorny-religious-row/356799
The Constitutional Court on Thursday held
its first session to review the 1965 law on religious blasphemy, much to the
chagrin of the government and hard-line Muslim groups.
The law, which dates back to the last years
of former President Sukarno's rule, was challenged in 2009 by the late President
Abdurrahman "Gus Dur" Wahid and several human rights organizations,
including Imparsial and the Indonesian Legal Aid Foundation (YLBHI).
The petitioners argued that the Law on the
Prevention of Blasphemy and Abuse of Religion, which carried jail terms of
up to five years, was unconstitutional as it inhibited religious freedom by
recognizing only six religions: Islam, Christianity, Catholicism, Hinduism,
Buddhism and Confucianism, while rejecting all others. The law bans people
from publicly espousing or gathering popular support in favor of certain religious
interpretations and forces citizens to follow only one of six state-sanctioned
religions.
Hendardi, the chairman of the Setara Institute
for Democracy and Peace, one of the plaintiffs, said 200 human rights violations
occurred in 2009 because the law had been abused as an excuse to intimidate
Christians and Muslim splinter groups.
"The 1945 Constitution guarantees freedom
of religion or belief, yet these rights are neglected and not enforced,"
Hendardi said. "Meanwhile, there are people who are forced to practice
their religion in secrecy out of fear of intimidation."
Hendardi highlighted the plight of the Ahmadiyah,
a Muslim sect who he is says is constantly threatened and pushed to return
to mainstream Islam.
The law, however, has ardent defenders. In
front of the court, at least 200 members of the Islamic Defenders Front (FPI),
the Indonesian Clerics Forum (FUI) and Hizbut Taher Indonesia rallied to condemn
the judicial review, saying "religion must be kept pure and safe from
blasphemous acts."
Equally as vocal in rejecting the review,
Religious Affairs Minister Suryadharma Ali said the law had guaranteed every
Indonesian's right to choose their faith.
"Even the plaintiffs have religions,
so their constitutional rights have been granted and ensured by the government,"
Suryadharma told the court, to the cheers of FPI members attending the hearing.
"If the law didn't exist, there would
be no protection against those who obstruct someone from performing religious
activities and those who disrespect religion."
Justice and Human Rights Minister Patrialis
Akbar told the court that reviewing the law would do more harm than good.
"The government fears that there would
be horizontal conflicts should the law be annulled or changed," he said.
"[Social] friction would increase if people were allowed to make their
own loose interpretations of religion."
Also among the defense were several members
of the House of Representatives, including Prosperous Justice Party (PKS)
lawmaker Adang Daradjatun and Ruhut Sitompul, a Democrat.
The court's chief of administrative affairs,
Kasianur Sidahuruk, said that 31 experts had been invited to speak including
former Constitutional Court chief Jimly Asshiddiqie and former Justice Minister
Yusril Ihza Mahendra. The lawyer said the plaintiffs would present eight expert
witnesses including prominent Catholic priest Frans Magnis-Suseno and cultural
expert Arswendo Atmowiloto.
The government has also prepared experts including
former Supreme Court chief Bagir Manan and former Speaker of the People's
Consultative Assembly (MPR) Lukman Hakim Syaifuddin.
The hearing is to resume on Thursday.
