Political Science
PRESIDENT UNIVERSITY
BY: CARIN HANAFI
Violence Right to Freedom of Religion Belief in Indonesia
• Introduction
• Historical Background
• Violations of Rights to Freedom of Religion and Belief
• International Views
• Comparing with other country
• References
Introduction
EVERY NATION UNDOUBTEDLY FACES ITS UNIQUE SET OF CHALLENGES. CONCERNING THE PREVALENT ISSUES, IT EXTENDS BEYOND POLITICS AND ENCOMPASSES INDIVIDUAL PREDICAMENTS AS WELL. UNFORTUNATELY, THE ISSUES THAT COMMONLY ARISE OFTEN RECEIVE INADEQUATE ATTENTION FROM THE GOVERNMENT, DESPITE THE EXISTENCE OF APPLICABLE LAWS. THESE ISSUES PERSIST AS ONGOING PROBLEMS THAT WE FREQUENTLY ENCOUNTER IN TODAY'S SOCIETY. ONE OF THE PROBLEMS WE OFTEN ENCOUNTER IS THE FREEDOM TO CHOOSE OUR BELIEFS AND RELIGION. IN GENERAL, RELIGIOUS CONFLICTS ARISE BECAUSE OF THE DOMINATION BETWEEN MINORITY AND MAJORITY GROUPS THAT PRIORITIZE THEIR OWN EGOS, LEADING TO INCREASING FRICTION AND EVENTUALLY RESULTING IN DISPUTES.
International Views
• In the international community the guarantee of freedom of religion or belief is regulated in the International Covenant on Civil and Political Rights which came into force on March 23, 1976, then ratified by
Indonesia through Law Number 12 of 2005 concerning Ratification of the International Covenant on Civil and Political Rights (International
Covenant on Civil and Political Rights). As in the consideration given that the law is emphasized that human rights are fundamental rights that are inherently inherent in human beings, are universal and lasting and must, therefore, be protected, respected, maintained, and must not be ignored, reduced, or deprived by anyone. Theoretically, this consideration is in line with the view of John Locke where humans have rights that have been
subordinated from birth, and even the rights are affirmed that it is given
by God therefore that anyone including the state must not be violated.
Violations of Rights to Freedom of Religion and Belief
• Cited from Human Rights Watch, 1965 blasphemy law and the so-called religious harmony regulation caused serious problems by making it easier for people to weaponize the toxic regulations against religious minorities in this predominantly Sunni Muslim country.
The harmony regulations, which give religious majorities in a community the veto power over activities of minority religions, make it virtually impossible for recognized religious minorities (Christians, Hindus, Buddhists, Confucians, and other smaller religions and beliefs) to construct houses of worship. Worship and other religious activities face serious discrimination and sometimes criminalization for Islamic minorities in the country (Ahmadiyah, Shia) as well as adherents of small religions such as Jehovah’s Witnesses, and local faiths like Kejawen, Sunda Wiwitan. The government also did little to stop attacks by militant Islamic groups against religious minorities or hold such attackers accountable for rights abuses and destruction of houses of worship.
• Blasphemy Cases, some individuals have faced legal consequences, including imprisonment, for alleged blasphemy or criticizing religious beliefs, further stifling freedom of expression and religious diversity.
• Government has taken steps to address these issues, but challenges remain in ensuring the safety and protection of religious minority groups. International human rights organizations and the Indonesian civil society continue to monitor and advocate for religious freedom and the protection of minority rights in the country. The government has laws in place to address religious violence and discrimination. The Law on Freedom of Religion and Belief (Law No. 39/1999) includes provisions against religious discrimination and incitement of hatred. Violations of these provisions can result in legal consequences. The government also romoted interfaith dialogue and cooperation as a means to address religious tensions. Initiatives like the Indonesian Council of Religious Leaders (IRCRL) and the Indonesian Ulema Council (MUI) have worked to foster understanding and harmony among religious communities. Regional
governments in Indonesia have often introduced religious harmony regulations aimed at fostering tolerance and cooperation among different religious groups at the local level. The Joint Ministerial Decree No. 9/2006 outlines the procedures for the construction and renovation of places of worship, with the goal of ensuring that religious communities can build and maintain places of worship
according to legal requirements. The government has taken steps to investigate and prosecute individuals and groups responsible for acts of violence against religious minority communities. This includes actions against those who have vandalized or attacked places of worship.
HISTORICAL BACKGROUND
• In Indonesia, socio-culturally, the belief system existed long before Indonesia's independence. In 2006, it was identified that for centuries there were at least 400 (four hundred) streams of belief in God Almighty (Muhammad Dahlan dan Airin Liemanto: 2017). At the end of 2017, the Ministry of Education and Culture of the Republic of Indonesia released data that there were 187 beliefs in Indonesia (tirto.co.id). However, from various streams of the belief that lived in the community before and after Indonesia's independence, the state recognized only 5 (five) official religions, namely: Islam, Christianity, Protestantism, Hinduism, and Buddhism.
Then during the reign of the 3rd President Gusdur, it was recognized that one school of belief became a religion, namely Confucianism. From the description it shows that there is a dichotomy between recognized religion and un-recognized religion in Indonesia, this additionally triggers a crucial problem in the management of religious systems in Indonesia because it leads to uniformity. Therefore, that was born the classification of religion and cultural religions.
• Before the arrival of major world religions, Indonesia was home to various indigenous belief systems. These belief systems often coexisted with the incoming religions, contributing to the country's religious diversity. Indonesia's position as a major trade hub in Southeast Asia facilitated the exchange of goods, ideas, and religions. This trade and cultural exchange contributed to the country's religious diversity and harmony. The national ideology of Pancasila, which emphasizes principles like belief in one God, humanity, and social justice, has been instrumental in promoting religious harmony. The motto "Bhinneka Tunggal Ika" (Unity in Diversity) encapsulates the nation's commitment to respecting diversity while fostering unity. Indonesia's constitution guarantees freedom of religion and belief, and it acknowledges the rights of citizens to practice their faiths. This legal framework supports religious pluralism.
• Concerning constitutional aspects, as a democratic rule of law, juridical guarantees of religious freedom do not lack in its existence in the 1945 Constitution of the Republic of Indonesia. Article number 28E paragraph (1) of the constitution of the Republic of Indonesia (UUD 1945) stipulates that every person is free to embrace religion and worship according to his religion. Article Number 28 E paragraph (2) additionally explains that everyone has the right to freedom of belief, to express his thoughts and attitudes, following his conscience. This article is per the spirit of the International Covenant on Civil and Political Rights, where the right to religion is regulated simultaneously with the right to have a conscience and express one's thoughts. This provision is reaffirmed in Article number 29 paragraph (2) which expressly recognizes freedom of religion and worship according to the manner in which each religion is the constitutional rights of every citizen that must be fulfilled and protected by the state
Comparing with Other Country
Malaysia is a diverse country with a majority Muslim population but also significant religious minorities, including Buddhists, Christians, Hindus, and others. The face of rights to freedom of religion in Malaysia is characterized by a combination of
constitutional protections and challenges.
The Malaysian Constitution provides for the freedom of religion. Article 11 of the
Constitution states that every person has the right to profess and practice their religion. It also acknowledges Islam as the religion of the federation but guarantees the right of non-Muslims to practice their faith. Malaysia is known for its religious diversity, with adherents of multiple religions living together in a relatively harmonious manner.
The country's multi-ethnic and multi-religious fabric contributes to a rich cultural tapestry.
Tensions between religious communities have occasionally flared up. The country has seen disputes and legal cases related to issues like conversion from Islam to another religion.
There have been instances of disputes related to the use of the word "Allah" by non- Muslims, reflecting religious sensitivities.
Malaysia has a dual legal system, with both civil laws and Sharia (Islamic law) laws in place.
References
Arifin, R., Rasdi, R., & Alkadri, R. (2018). TINJAUAN ATAS PERMASALAHAN PENEGAKAN HUKUM DAN PEMENUHAN HAK DALAM KONTEKS UNIVERSALIME DAN RELATIVISME HAK ASASI MANUSIA DI INDONESIA. Jurnal Ilmiah Hukum LEGALITY, 26(1), 17.
https://doi.org/10.22219/jihl.v26i1.6612
Setyawan, N. B., & Arifin, R. (2019). ANALISIS PERLINDUNGAN TERHADAP TOLERANSI KEBEBASAN BERAGAMA DI INDONESIA DALAM PERSPEKTIF HAK ASASI MANUSIA. Nurani: Jurnal Kajian Syari’ah Dan Masyarakat, 19(1), 27–34. https://doi.org/10.19109/nurani.v19i1.3100
Shuhufi, M., Mamonto, M. A. W. W., Buana, A. P., &
Fatmawati. (2020). The rights to religious freedom for adherents faith in Indonesia: Comparative study of the rights to religious freedom in Asia. International Journal of Criminology and Sociology, 9, 1273–1284.
https://doi.org/10.6000/1929-4409.2020.09.146
Hassan, T. (2022, 12 15). Indonesia events of 2022.
Retrieved from Human Rights Watch:
https://www.hrw.org/world-report/2023/country-chapters /indonesia
Tyson, A. (2021, March 1). Blasphemy and Judicial Legitimacy in Indonesia. Retrieved from Politics and Religion: https://doi.org/10.1017/S1755048319000427