Legal framework on freedom of religion and actual application
Indonesia, the world’s largest Muslim-majority nation, is not an Islamic state. Its constitution guarantees freedom of religion and the right to worship but some restrictions are in place to protect the rights of others. The official state ideology or philosophy is called “Pancasila” (five principles). The preamble to the constitution defines it as “a belief in the One and Only God, just and civilised humanity, the unity of Indonesia, and democratic life led by wisdom of thoughts in deliberation amongst representatives of the people, and achieving social justice for all the people of Indonesia.” The constitution therefore does not uphold any one religion, but it does require citizens to believe in a deity and protects the rights of the followers of the six officially recognised religions: Islam, Protestantism, Catholicism, Hinduism, Buddhism and Confucianism. The rights of believers of other religions, including local traditional beliefs, and those of agnostics and atheists are not equally protected.
Indonesia does not enforce Shari‘a (Islamic law) at a national level, but it is estimated that at least 52 of Indonesia’s 470 districts and municipalities have introduced some 78 Shari‘a-inspired regulations. Various sources contend that the real figure is even higher, with at least 151 local Shari‘a bylaws in Java, Sulawesi, Sumatra, and West Nusa Tenggara.
According to Article 28E (1) of the constitution, “Every person shall be free to choose and to practice the religion of his/her choice.” Article 28E (2) emphasises that “every person shall have the right to the freedom to believe his/her faith (kepercayaan), and to express his/her views and thoughts, in accordance with his/her conscience.” Article 29 (2) further reiterates that “The State guarantees all persons the freedom of worship, each according to his/her own religion or belief.”
In December 2022, Indonesia adopted a new Criminal Code to replace the one approved upon independence, which was based on Dutch law. The two are similar with respect to offences related to religion. Both versions punish blasphemy, heresy, and religious defamation. Specifically, Article 156 imposes up to four years in prison to anyone “who publicly gives expression to feelings of hostility, hatred or contempt against one or more groups of the population of Indonesia,” where groups are defined by “race, country of origin, religion, origin, descent, nationality or constitutional condition.” Article 156a imposes up to five years in prison for “abusing or staining a religion, adhered to in Indonesia.”
In 1965, then President Sukarno issued Presidential Decree No. 1/PNPS/1965 on the Prevention of Blasphemy and Abuse of Religions, which is informally known as the “blasphemy law”. Article 1 of this decree, which was subsequently implemented by Sukarno’s successor, President Suharto (in power from 1967 to 1998), prohibits interpretations that “are in deviation of the basic teachings of the religion,” and requires the president to dissolve any organisation practising “deviant” teachings.
As part of its policy to crack down on religious deviance, the Coordinating Body to Monitor Indigenous Beliefs (Bakor Pakem), a department in the Indonesia Attorney General’s Office, released a mobile phone application in late 2018. Called Smart Pakem, it allows users to report “deviant” religious practices to the authorities.
In 1969, the Ministry of Religious Affairs and the Ministry of Home Affairs issued a Joint Ministerial Decree detailing the procedures required to authorise the construction of places of worship. In 2004, then President Susilo Bambang Yudhoyono instructed the Minister of Religious Affairs to review the 1969 decree; this resulted in a joint ministerial decree (No. 8 and 9/2006) titled “Guide for Regional Heads and Deputy Heads in Managing Religious Harmony.
According to its provisions, the construction of places of worship needs the support of residents, the names with proof of identity of at least 90 members of the new house of worship, approved by local authorities, together with letters of support from at least 60 members of the local community, endorsed by the village head. In addition, the request must obtain a written recommendation from the district office of the Ministry of Religious Affairs and from the local district or city's Religious Harmony Forum (FKUB). Once all the documentation is collected, the application goes to the local mayor who has 90 days to decide whether to accept it or not.
The regulation also requires local authorities to establish a Religious Harmony Forum, composed of local religious leaders in proportion to the size of their respective communities. Effectively, this means that the body will be dominated by either Muslims or Christians depending on their numbers in each region.
Laws for religious groups have also been in place for several years. Back in June 2008, the government announced a Joint Decree of the Minister of Religious Affairs, the Attorney General, and the Minister of Home Affairs regarding “Admonition and Instruction to the Disciples, Members and/or Members of the Organising Board of the Jemaat Ahmadiyah Indonesia (JAI) and the Members of the Public”.
The decree stopped short of an outright ban, but it orders all ‘Ahmadis “to discontinue the promulgation of interpretations and activities that are deviant from the principle (sic) teachings of Islam, that is the promulgation of beliefs that recognise a prophet with all the teachings who come after the Prophet Mohammad.”
In August 2008, the Secretary General of the Ministry of Religious Affairs, the Deputy Attorney General for Intelligence, and the Director General for National Unity and Political Affairs of the Ministry of Home Affairs issued a Joint Circular regarding the “Implementation Guideline of the Joint Decree”. This specifically stated that the Joint Decree applies only to ‘Ahmadis who “claim themselves to be Muslims”, and that “those who do not claim themselves as Muslims are exempted from the target of this admonition and order.”
Violations of the Joint Decree are deemed a criminal offence, and an abuse of religion and religious defamation as set out in Article 1 (prohibiting “deviant” interpretations of religion and “deviant” teachings), and Article 3 of Presidential Decree No. 1/PNPS/1965 on the Prevention of Blasphemy and Abuse of Religions, and Article 156 (a) of Indonesia’s Criminal Code. Punishment carries a maximum of five years of imprisonment.
In addition to the blasphemy law, the regulations on the construction of places of worship, and the anti-Ahmadi regulations, hundreds of local bylaws and regional laws and regulations have been promulgated over the past two decades restricting religious practice.
In recent years, the Pew Forum has consistently rated Indonesia as a country with one of the most restrictions on religion among the world’s 25 most populous nations, considering both government regulations and social hostilities.
Dr Musdah Mulia, Chairperson of the Indonesian Conference on Religion and Peace, claims that there are at least 147 “discriminative laws and public policies in regards to religion,” and believes that “as long as those laws are permitted to prevail, there is always a strong potential for violence in society. There need to be reforms and new laws that are more accommodative towards the principles of human rights, the principles of democracy, tolerance and pluralism.” Some of these regulations simply enforce national legislation, but others introduce new restrictions.
Incidents and developments
In recent years, Indonesia’s tradition of pluralism and reputation for religious tolerance has come under increasing threat. In its most recent annual report (2021), the United States Commission on International Religious Freedom (USCIRF) noted that “in 2021 Indonesia’s religious freedom conditions trended the same as in 2020,” and “that there was minimal to no progress in addressing parts of the legal system that conflict with international standards of freedom of religion or belief.” The US agency goes on to recommend that Indonesia be included in its Special Watch List. The Diplomat reported that Indonesia is “becoming increasingly inhospitable for members of religious minorities.”
In March 2021, suicide bombers wounded 20 people in a Palm Sunday attack against the Catholic cathedral in Makassar.
In a violation of blasphemy laws, in June 2021, a 55-year-old Danish man was sentenced to two years in prison after kicking a sacred Hindu temple in Bali. In August of the same year, in a rare instance, a Muslim cleric was arrested for calling the Bible fictitious; yet, despite this, many Christians as well as members of other religions complain that they are not treated equally under this law compared to Muslims.
Other religious communities, particularly Shi‘as and ‘Ahmadis, also face persistent discrimination and pressure. In September 2021, 10 people were arrested for attacking an ‘Ahmadi Mosque in West Kalimantan province.
In December 2021, after a protest by the United Muslims Forum, religious authorities in South Sulawesi province rescinded their decision to allow Christmas greetings to be publicly displayed.
While Shari‘a-inspired regulations exist in many parts of the country, Aceh is the only province to have fully implemented Islamic law, backed by a religious police enforcing the rules, which include corporal punishment. In January 2022, a married woman was flogged 100 times after confessing to adultery, while her male partner only received 15 lashes after denying the accusations.
In April 2022, a Christian YouTuber was sentenced to 10 years in prison for uploading hundreds of anti-Islam videos. Mohammad Kace was a convert to Christianity and received a much harsher sentence compared to previous blasphemy cases. In October 2022, Holywings, a bar and restaurant chain, was charged with blasphemy and shut down after it launched a promotional campaign offering free alcoholic drinks to men named Muhammad and women named Maria. This marketing scheme sparked outrage as it was seen as an insult to the Prophet Muhammad.
In December 2022, Indonesia passed a new criminal code based on Shari’a principles, banning sex outside marriage, which also bans live-in relationships. The details of the law put women at disadvantage, as well as ethnic minorities whose customs do not entail formal marriage. The offense would be punishable by a minimum one-year jail sentence.
On the positive side, some significant progress can be reported in religious freedom issues during the period under review.
On 8 June 2022, Indonesia’s Religious Affairs Minister, Yaqut Cholil Qoumas, met Pope Francis at the Vatican and formally invited him to visit the country.
On Christmas Day 2022, President Joko Widodo attended a service at the Cathedral of the Blessed Virgin Mary in Bogor, West Java. He was the first Indonesian head of state to do so.
During a meeting with heads of provinces and districts in January 2023, President Widodo defended religious minorities and stated that “Those who are Christians, Catholics, Hindus, and Confucians ... have the same rights in terms of freedom of religion and worship.”
Prospects for freedom of religion
At present, Indonesia is at a crossroads. Despite encouraging efforts by some civil society groups, religious leaders, and public officials to counter the rise of intolerance, societal pressures discriminating against minority faith groups, signs of extremism, and a failure to strengthen the law in favour of religious freedom (for example the number of Shari‘a-inspired regulations), could lead to further erosion of Indonesia’s long tradition of pluralism and religious harmony.
In view of the situation, prospects for freedom of religion in the Asian nation appear uncertain and should be kept under observation.
Indonesia