Red Report Card: Freedom of Religion in

Indonesia

Micha Paramitha

BF2012-1

014201200047

Cultural Diversity

Table of Content

1. Background

2. Definition of Religion

2.1 Differences of Each Religion

3. Basic Freedom of Religion in Indonesia

3.1 Indonesia Regulation regarding the construction of House of Worship

4. House of Worship Difficulties, Discrimination, and Violence

4.1 Difficulties on House of Worship

4.1.1 Case Sealing the Church

4.1.2 The Attack of Shia in Sampang

4.1.3 Harasshment to Ahmadiyah Women and Children

5. Indonesia Goverment Fail to Protect Minorities

5.1 Police Failure

5.2 Majelis Ulama Indonesia

6. Conclusion and Recommendation

6.1 Conclusion

6.2 Recommendation

7. References

1 Background

Indonesia has a total population of 238 million people, according to the 2010 census. The

country is spread over a far-flung archipelago of more than 17,000 islands that is home to

more than 1000 linguistic groups, based largely on ethnicity. Indonesia is a country that has a

diversity in language, religion, and ethnicity. This diversity has been recognized by the

founders of our country that gave birth to a motto is Unity in Diversity, which means

different but still one too. This is a concept that has existed even before Indonesia's

independence. The principle of unity in diversity is so that all components of the state can

realize that diversity can lead to positive effects and negative effects. The positive impact of

diversity is that there is a potential for the advancement of the country but that diversity can

be a negative impact if it is based on the do not want to lose and do not want to understand

others that lead to disunity and hatred and this could destroy the country.

Based on the first principle of Pancasila and the Indonesian state constitution, the 1945

Constitution, in Article 29, Indonesia is seen as a country that 'Monotheist' because of the

revelation of the state of Indonesia based on Belief in God Almighty. Therefore, Indonesia

can not be said to be the state religion, because it is not written in the constitution that

Indonesia is a country of particular religions.

In Indonesia there are six recognized religions: Islam, Protestantism, Catholicism,

Buddhism, Hinduism, and Confucianism1. Six religions came under the authority the

Department of Religion, while religion beyond the six religions recognized under the

guidance of the Ministry of Tourism. According to the 2010 census, 87.18% from

237,641,326 people in Indonesia is Muslims, 6.96% is Kristen Protestant, 2.9% is Catholic,

1.69% is Hindu, 0.72% is Buddhist, 0.05% Confucianism, 0.13% other religions, and 0.38%

missed or were not asked.

Significant difference between majority and minority groups can lead to problems in

religious life. One of the problems that arise in Indonesia is the problem permits construction

of houses of worship. Religions that belongs to minorities as Christian Protestant,  Catholic or

Buddhist often obtain hindrance to execute and carry out their worship. Although the 45

Constitution article 29, that the State guarantees the freedom of each citizen to profess their

own religion and to worship according to their religion or belief; but the opposite happened.

There are still a lot of disruption to the place of worship especially the church. The reason

1 Confucianism officially recognized in 2006, during the reign of President Abdurrahman Wahid.

was varied and cliches, namely, no permit RT / RW, no building permit, and the worse is

because of displeasure (intolerant) community to the presence of the place of worship.

Setara Institute, an NGO based in Indonesia, who runs the advocacy and research on

freedom of religion and politics, recorded in 2012  there are 264 violations of freedom of

religion / belief with 371 forms of action, which is spread in 28 provinces. There are five

provinces with the highest offense level, namely, West Java (76) events, East Java (42)

events, Aceh (36) events, Central Java (30) events, and South Sulawesi (17) events.2 In mid-

2010, several events occurred that lead to religious conflicts, among other the events of the

sealing HKBP Fialdelfia in Jejalen, North Tambun and assault followers HKBP Ciketing

Bekasi, West Java.

Various conflicts and violence in terms of religion shows that Indonesia still have not able

to provide protection for the rights of every population in religious freedom, especially the

right to build houses of worship. Protection of religious freedom has been set in the UUD

1945 in Article 28 and 29 and emphasized in the Law No. 39 Year 1999 on Human Rights.

Sealing, assault, and arson in the name of religion has violated the human rights contained in

the International Covenant Civil and Political Rights (ICCPR) Article 18, paragraph 2 that

“[n]o one shall be subject to coercion which would impair his freedom to have or to adopt a

religion or belief of his choice,” and under article 27 that “persons belonging to ... minorities

shall not be denied the right, in community with the other members of their group, to enjoy

their own culture, to profess and practice their own religion.”.

This paper is intended to explain the arrangement construction of houses of worship with

freedom of religion and attempts to do to build unity in religious diversity.

2 PRESIDEN TANPA PRAKARSA. Kondisi Kebebasan Beragama/Berkeyakinan di Indonesia, 2012. SETARA Institute, 17 Desember 2012

2 Definition of Religion

Based on the viewpoint-Indonesian language in general-"religion" is considered as a word

derived from the Sanskrit word meaning "not chaotic". It implies that religion is a rule that

governs human life that is not chaotic.

Another definition of religion is derived from United States v. Seeger, 380 U.S. 163, 165-

66, 85 S.Ct.850, 13 L.Ed.2d 733 (1965) states that "religion" is:

"whether a given belief that is sincere and meaningful occupies a place in the life of its

possessor parallel to that filled by the orthodox belief in God of one who clearly qualifies for

the exemption. Whether such beliefs have parallel positions in the livers of their respective

holders we cannot say that one 'is in relation to Supreme being' and the other is not"

Declaration 1981 on the Elimination of All Forms of Intolerance and Discrimination on

the Basis of Religion or Fiduciary define religion includes the belief that non-religious

beliefs, atheism, agnosticism, and other beliefs associated with religion.

Oxford Student's Dictionary (in Azra, 2000) defines that religion is a belief in the

existence of a supernatural force that created the regulator and controls the universe. In

Arabic the word religion comes from the Ad-din, this word means master, subdue, obedient,

and habits. Nasution (1986) stated that religion means a bond that must be held and adhered

to humans. Bond is derived from one of a higher power than man as a magical power that can

not be captured by the five senses, but has a huge impact on the lives of everyday people.

Michel Meyer (in Rousydiy, 1986) argues that religion is a set of beliefs and teachings that

lead us in our behavior towards God, towards fellow human beings and to ourselves.

According Uyun (1998) religion encourages its followers to behave very well and are

responsible for all actions and actively trying to improve myself to be better.

Based on some of the definitions above, it can be concluded that religious belief is all that

is accompanied by devotional teachings and obligations to connect people with God that is

useful in controlling the urge that brings problems and to improve yourself for the better.

Religion can be concluded that in essence there is no compulsion in religion or restrictions

for the belief that a person lived relate to God.

2.1 Differences of Each Religion

the serious and social attitude of individuals or communities toward the power or powers

which they conceive as having ultimate control over their interests and destinies - E.B.

Taylor

Every religion is different from each other. Religion is a way of life that the occult power,

as said by the Oxford Student's Dictionary, and guidelines that every person is different. For

instance if we are to shaman and ask for help, guidance given to us must be different than

everyone else even though we have the same goal. Just as the trade, the seller can be equated

with the robbers, they have the same goal of collecting treasures only way they get a different

property, the seller with great effort to attract the attention of of buyers while the robber with

force and less likely to harm others.

Broadly speaking there are three things that distinguish one religion to another, namely:

Legal Systems, System of Worship, Faith System. The legal system is the laws or norms

governing the relationship between humans and regulate human relationships with God.

Every religion certainly has its own laws to regulate human relationships. Christians are not

allowed in divorce, it is written in the book of Matthew 19, verses 5 and 6: and said, ‘For this

reason a man will leave his father and mother and be united to his wife, and the two will

become one flesh’. So they are no longer two, but one flesh. Therefore what God has joined

together, let no one separate. However, if the divorce in Islam can be done by giving talaq,

talaq is the loss of the marriage bond in whole or in part. The legal basis for divorce is the the

Qur'an, hadith, and ijma '. As of the the Qur'an, of which is the word of Allah Ta'ala:

بإحسان تسريح أو بمعروف فإمساك مرتان الطالق

"Talak two times, after again it may refer to the way ma'ruf or divorce in a good way."

[Surah Al-Baqarah: 229]

System faith associated with every religion concept of God itself. This view of God in

Christianity is different from Islam. Christians believe in the Trinity is the Father, Son and

Holy Spirit are one, Christians believe that Jesus is the son of the Father down to earth and

real he is also God in heaven. While Islam does not believe that Jesus is God, they believe

that Jesus is a prophet of God is a higher level than Muhammad. The difference is this belief

system that can characterize each religion.

System of Worship is inseparable with the System Faith. The differences in worship

prescribed teachings received by every individual of each religion. In the absence of worship

to commemorate the death of Jesus Christ, worship is done because Christians believe that

Jesus died to bear the sins of mankind on the cross. While in the presence of Islamic worship

to commemorate the sacrifice of Abraham over his son Ishmael, Muslims believe that

Abraham sacrificed was Ishmael not Isaac.

3 Basic Freedom of Religion in Indonesia

The right to freedom of religion and belief which is the scope of civil rights and political

existence can not be separated from the other rights in the economic, social and cultural

coverage such as education, health, and employment as a fundamental right that must be

fulfilled of each individual. Freedom of religion is a right recognized in law both domestic

law and international law.

Declaration on the Elimination of All Intolerance and of Discrimination Based on Religion

or Belief of 1981 states that, "Everyone has the right to freedom of thought, belief and

religion this right includes freedom to change his/her religion or belief, and freedom either

alone or in conjunction with others, either in public or private to manifest his/her  religion or

belief in teaching, practice, worship and obedience".

Freedom of religion is a fundamental right which is one right of the 16 rights that can not

be reduced under any circumstances. Religious right is one of the rights that can not be taken

away or revoked by anyone because of religious rights is determined by the people

themselves without coercion.

Every religion before the law have the same freedoms and rights to receive equal

protection, equal treatment, and freedom from discriminatory treatment. Protection of

religious freedom in Indonesia has clearly regulated in UUD 1945 Article 29 which states

'The State guarantees the independence of each citizen to profess their own religion and to

worship according to the religion or belief.' This article is also in accordance with UUD 1945

Article 28 on E which contains:   

1. Everyone is free to adhere to religion and to worship according to their religion, to

choose education and teaching, choose a job, choosing citizenship and left, and the right to

return

2. Everyone has the right to freedom of belief believe, states the mind and attitude, in

accordance with their conscience.

Article 18 paragraph (1) of the International Covenant on the Rights Sipol (Law No.

12/2005) describes the right to freedom of religion, which basically has two dimensions,

namely internum forums and forums eksternum. Internum Forum is the right of individuals to

have / religion. While eksternum forum is the right to manifest religion / belief, including the

right of this is worship (worship), religious practices / beliefs (practice), celebration of

religious / belief (Observance), and religious teaching (teaching).

Article 6 of the Declaration of the United Nations (UN) on Religious Intolerance to

explain freedom of assembly associated with religious activities such as setting up and

running of the Institute-institutional humanitarian or philanthropic donors, using and making

the verses that relate to religious for religious ceremonial purposes, write, publish and

disseminate religious publications relevant, request and receive voluntary financial

contributions, runs a religious holiday, and religious ceremonies.       

The right to establish and run a house of worship is part of the freedom to manifest

religion / beliefs.

3.1 Indonesian regulations regarding the construction of Houses of

Worship

The regulation of the Minister of Religious Affairs and Minister of the Interior No. 9 and

8/2006 on Guidelines Task Regional Head and Deputy Head of Religious Harmony in

Maintaining, Empowerment Forum for Religious Harmony, and the Construction of Houses

of Worship is a cornerstone of the government to determine the licensing of houses of

worship.

According to the regulation , the establishment of houses of worship must meet the formal

requirements and substantially as follows :

Formal requirements ( section 16 of the regulation Minister of Religious Affairs and Home

Affairs )

1. Establishment of houses of worship should diajaukan the regent / mayor to obtain a

building permit ( IMB ) ;

2. Regent / Mayor gave a decision no later than 90 days after the establishment of the

proposed house of worship .

Terms substance ( Article 13 to 14 of the regulation )

1. Establishment of houses of worship based on the real purpose and truly based on the

composition of a population for which bersangkuatan religious services in the area of

urban / rural ( Article 13 paragraph ( 1 ) ;

2. Establishment of houses of worship as referred to in point 1 is done by maintaining

kerukuman religious , do not disturb peace and public order , as well as comply with

laws and regulations ( Article 13 paragraph ( 2 ) ;

3. In a real necessity for religious services in urban areas / villages as mentioned in

point 1 are not met , consideration of the composition of the population used the

boundary region or district / city or province ( Article 13 paragraph ( 3 ) .

4. Establishment of houses of worship must meet the requirements of the

administrative and technical requirements of the building ( Article 14 paragraph ( 1 )

;

5. Special requirements ( Article 14 paragraph ( 2 ) ) , namely

a) List the name and identity card ( KTP ) users at least 90 houses of worship a

person authorized by local authorities according to the level where the

boundary as referred to in Article 13 paragraph ( 3 ) ;

b) Support the local community at least 60 people who passed by the village

chief / village head ;

c) Written recommendation religion department head office district / city , and ;

d) Written recommendations FKUB ( Forum for Religious Harmony ) district /

city .

6. If the requirements are met and the point 5.a 5.b point has not been met, then the

local government is obliged to facilitate the availability of the location of the

construction of houses of worship . ( Article 14 paragraph ( 3 ) )

4 Indonesia Goverment Fail to Protect the

Minorities: House of Worship Difficulties,

Discrimination, and Violence

In Indonesia, the minorities is often discriminated and unpleasant treatment for the

majorities, such as attack on their house of worship and difficulties in building their house of

worship.

4.1 Difficulties on Houses of Worship

The minorities often experience obstacles in running their own religion. There are several

examples of such small, Tiberias Church, Depok formerly located at the Bumi Wiyata Hotel,

have difficulty in carrying out religious activities .

On Christmas 2009 that falls on a Friday , Tiberias Church Depok held a Christmas

celebration but the celebration is not allowed to exceed 12 hours because society rejected the

Christian religious activities while running the Friday prayers. In 2010 the Church was forced

to Tiberias Depok disbanded because of the refusal of the FPI ( Islamic Defenders ) because

the incident was a misunderstanding. Genesis misunderstand it starts with seminar for the

LGBT (Lesbian, Gay, Bisexual, and Transgender) located not far from Tiberias Church

Depok , the FPI come and disrupt the event by carrying sharp weapons and the seminar

attendees started running into the church. The FPI members forcibly entered the prayer room

while shouting 'Allahu Akbar ( أكبر and the church service was forced dismissed to 3'( الله

avoid casualties.

Since the incident Depok Tiberias Church located at the Earth Wiyata moved three places

to the Garden Wiladatika Cibubur, Raffles Hills, and the Kota Wisata Cibubur .

Human Rights Watch documented at least 12 cases in which militant groups have used the

2006 decree to block the establishment of new houses of worship and to close 31 existing

houses of worship. Those groups have argued their efforts were justified because the minority

congregations lacked building permits or allegedly used forged signatures from neighbors in

obtaining permits, or because establishment of a house of worship would disturb harmonious

relations among neighbors by offending religious sensibilities of the majority.

3 Allahu Akbar in Arabic:  أكبر meaning God is [the] Greatest, or God is Great ;الله

The 2006 decree can also be used against Muslims. Human Rights Watch documented one

case in which Muslims faced problems constructing a mosque in predominantly Christian

West Timor, and there are likely other such cases. Even in cases where a permit is issued for

a house of worship, vociferous responses from militant groups have caused local officials to

rescind them or the groups prevent the applicants from constructing or using the building.

The Indonesian government and local authorities routinely fail to take measures against the

Islamist groups. At times local government officials have worked in collaboration with

militant groups by canceling building permits and taking up their call to encourage minority

congregations to move to different areas.

Human Rights Watch documented sustained campaigns against two high- profile Christian

churches, that of the GKI Yasmin church in Bogor, and the HKBP Filadelfia church in

Bekasi, West Java. Both of these churches had not only secured all administrative documents

and political approvals, but won Supreme Court challenges to secure their building permits.

Despite these favorable court decisions, local government authorities denied building permits

to the two churches.

4.1.1 Case Sealing The Church

Case sealing rife church in the last ten years, especially on the West Java (Bogor and

Bekasi) proposed Jeirry Sumampow, S.Th as the Executive Secretary of the Union of

Diakonia field of Churches in Indonesia (PGI).

Sealing the church is seen as a violation of human rights more clearly visible after the case

of GKI Yasmin, HKBP Filadelfia, HKPB Ciketing, and HKBP Setu, and other cases are

separated from the public spotlight.

GKI Yasmin

GKI Yasmin church in Bogor obtained necessary approvals and began constructing a

church on land they owned in 2006. But a year and a half later, in February 2008, the City

Government of Bogor to suspect the authenticity of the building permit because the attitude

of local people objected and protested against the construction of the church which is located

on Jl. KH.R Abullah Bin Noah. In the City Government website explained that there was no

objection statement forgery of local residents in the process of filing the IMB. City

Government declared Munir Karta , head of RT VII / RW III has engineered the lack of

objection affidavit residents and signatures. It is a violation of Article 236 and 378 of the

Criminal Code of forgery and cheating. On March 8, 2011, the mayor of Bogor, Diani

Budiarto, lifted a freeze on GKI Yasmin building permit to the City Planning and Landscape

after receiving the decision of the Supreme Court ( in Indonesia Mahkamah Agung). Supreme

Court claimed authenticity IMB owned by GKI Yasmin, so they are guaranteed the right to

continue to use their places of worship legally. However, this did not last long, some time

later, precisely on March 11, 2011, the mayor of Bogor re- issued an order to revoke the letter

that was sent previously to City Planning and Landscape. Until now GKI Yasmin remains

sealed by the City Government, although has received permission from the Supreme Court.

HKBP Filadelfia, Bekasi

HKBP Filadelfia was founded by Batak family upon agreement of approximately Jejalen

Jaya, Bekasi in 2000. The church obtained 259 neighborhood approvals, more than the 60

signatures needed from the local community as required under the 2006 decree. In April

2008, the congregation wrote to the Ministry of Religious Affairs and the Religious Harmony

Forum requesting approvals to build the church. Neither agency responded.

As in the GKI Yamsin, Bogor, the HKBP parties have gained legitimate mail to the

construction of the church by the Regent of Bekasi, Department of Religion Kab. Bekasi, and

the Forum for Religious Harmony (FKUB). But the Bekasi Regent Sa'dudduin refused to

issue the building permit.

On March 20, 2012, the Bekasi government invited both HKBP Filadelfia and Haji

Naimun’s group, which organized the protest against HKBP Filadelfia, to meet at the North

Tambun district office. Long negotiation process they went through to the Bandung State

Administrative Court to the lawsuit, which was won by the HKBP. But until now, the Regent

of Bekasi not implement the decision of the administrative court hearing in Bandung.

HKBP eventually worship at the roadside but still no obstruction that occurs when they

worship. During worship on the roadside should HKBP experienced terror, intimidation, such

as: mass demonstrations, the spread of dirt, rotten eggs, dead animals, penghinaandi graffiti

wall. On January 26, 2012, an Islamist group led by Haji Naimun began to use four

large loudspeakers, blaring Arabic-language Islamic music into the HKBP Filadelfia service

only meters away.

4.1.2 The attack on Shia in Sampang

Tensions between Sunnis and Shiites have occurred since 2004 . That tension between

Kyai Ma'mun and Kyai Ali Kharar , but this strain does not lead to violence because Kyai

Ma'mun persona . The pressure on the Shiites in Sampang strengthened since 2006 after Kyai

.Ma'mun died .

On April 9, 2007, during a ceremony at the residence Mawlid Utz . Tajul Muluk

Nangkrenang Hamlet , a large amount of mass that originated from Karang Penang came

intercept Reef guests attending the event . Massa asked Utz . Tajul Muluk stop the show and

stop the Shia propaganda . Then Utz . Tajul Muluk was forced to make a statement back to

the teachings of Wal Jamaat Ahlusunnah read on stage in front of the masses .

Tanggal 27 Juli 2010, sejumlah massa dari desa Blu’uran berkumpul di dusun

Nangkernang hendak menyerang rumah kediaman Utz. Tajul. Merespon aksi tersebut, pihak

Polres dan Pemda Sampang meminta Utz. Tajul tidak kembali ke kampungnya dan Pemda

Sampang siap merelokasi Utz. Tajul sesuai dengan rekomendasi Forum Ulama Sampang.

Sunni-Shiite tensions end on December 29, 2011 resulted in the burning of the Shia

community . The number of homes were burned as many as four houses was attacked by the

roughly 1,000 people who came from five villages namely Village Soko Banah, Village

Ketapang, Village Karang Penang, Village Blu Uran, Village Tlambah carrying timber,

sickles , rocks and crowbars, besides that the masses also blocked access roads to the scene in

order to prevent security officers. After the incident on December 2011, the children can not

get a Shia religious subjects, because the pesantren was burned. While in the public schools,

children stigmatized as an infidel , by school friends including his teacher.

After the events of December 29th 2011 the Shiites often experienced intimidation and

threats of anti- group. Muslimatan study conducted Sunni Shia always cornered by saying

that Shia heretic, infidel. As a result, many regular Shia who follow the teachings muslimatan

decided to out of the the study. However, Sunni residents still pick up and insisted that

adherents of Shia to follow the teachings with a threat, because if they do not follow they

threatened their homes will be burned.

Violence against the Shia community in Sampang, Madura, East Java returned on August

26, 2012. At around 08.00 pm hundreds of people armed with sharp weapons such as sickles,

swords, and batons and Molotov cocktails had gathered in the village Nangkernang to block

the departure of Shia children to boarding schools like in Bangkil. August 26, 2012 attack

resulted in one person named Hamama (50 years) died, 10 people suffered critical injuries, as

well as dozens of people were injured. Performers also destroy and burn the houses of Shia,

recorded 48 houses were burned and destroyed, including homes Sampang Shiite leader Utz.

Tajul Muluk. Dated June 20, 2013, approximately 168 Shiites in Sampang regency of

Sampang forcibly relocated to the Flats Puspo Argo Sidoarjo using 3 trucks and 2 buses

escorted by police and three patrol cars.

4.1.3 Harrasment of Ahmadiyah Children and Women

Ahmadiyya women experience discrimination plated, either because she is a woman as

well because she is a member of a minority group is being targeted by the attacks.

Ahmadiyya women experiencing human rights violations in addition to gender-based

violations are equally experienced by the men and women of the Ahmadiyya community.

Additional violations experienced by women Ahmadiyah is a violation of the right to be free

from gender- based violence, the right to a family and continue the descent, the right to a

decent living, and the right to reproductive health. Children also suffer discrimination

Ahmadiyya layered, especially children's rights to be free from discrimination and the right

of the child to education.4

On the women and children found the fact Ahmadiyya layered discrimination in various

forms and examples. Firstly is the right of women to be free from gender-based violence . At

the time of the attack occurring threats and even treatment of sexual violence experienced by

many women of the Ahmadiyya community. Second is the right of women to have a family

and continue the descent. In Central Lombok , the couple is considered adultery as sexual

intercourse because women who marry an Ahmadi , and branded as children born illegitimate

child . Third, the right of women to an adequate livelihood is also not met . Many women are

forced to stop selling because Ahmadiyah prohibits non- residents shop for the Ahmadiyya

Ahmadi . Fourth, women's reproductive health rights. Some women Ahmadiyya candidate

must be willing to lose the baby ( miscarriage ) because it ran to save themselves during the

attacks .

There are also some violence, both physical and mental violence done to the followers of

Ahmadiyah, which do not only just done to women and children. Some examples of violence

against Ahmadiyah followers:

4 http://www.komnasperempuan.or.id/old/demo08.trabas.web.id/metadot/index410b.html?id=3775&isa=Category&op=show

1. A mother who had gone to the clinic to immunize their babies when the midwife

asked him to wait by reason of preparing medications. But, then I came to is that

regular four clerics forcing pledges to come out as the Ahmadiyah congregation in the

village.

2. A farmer who was expelled from his village in Ciawang, Tasikmalaya, for refusing to

sign a statement out of Ahmadiyya. It resulted in the expulsion of farmers to part with

his wife and children were not Ahmadiyah.

3. A teenage girl who was hit by a passenger in public transport after knowing that this

girls came from the areas most widely Ahmadiyah followers. The girls were forced to

get out of Ahmadiyah. There were still a lot of other passengers in the public transport

but they do not help it instead the laugh at the teenage girl .

5 Indonesia Government Failed to Protect the Minorities

The failure of the Indonesian government in resolving religious discrimination has been

recognized by other countries, the Ministry of Foreign Affairs (MOFA) United States (U.S.)

said that the Indonesian government failed to take appropriate action related discrimination,

prohibition, and frequent attacks against religious minorities. The Indonesia Government has

failed to protect the minority religious communities from threat and attack from the

majorities or from militant Islamist groups (ex FPI (Forum Pembela Islam). The militant

groups have directly involved in attacks on the minorities. Islamist leaders of militant Islamist

has designed and organized a protest to intimidate the minorities.

The Indonesian government inability to forcibly terminate inter-religious violence, many

parties rampant in taking a stance.

The failure of the Indonesian government increasingly visible since the establishment of

the Coordinating Board Flow Control and Confidence (Bakorpakem) . Flow Control

Coordinating Board and Trust ( Bakorpakem ) was established based on the Decision of the

Attorney General No.Kep- 004/JA/01/1994.5 Coordinating Board for Monitoring Mystical

Beliefs in Society ( Bakorpakem ) is the coordinating agency under the Attorney General ,

with representatives in every province and district prosecutor's office in each county .

According to Law 16/2004 on the Prosecutor of the Republic of Indonesia , Bakorpakem

mandated to oversee the " cult abuse that can harm people and the country . " Or in other

words control of trust that can disrupt stability in the community . But in reality Flow Control

Coordinating Board and Trust ( Bakorpakem ) was used as a tool to eliminate the beliefs that

interfere with the stability in the community, as opposed to the Pancasila and the Constitution

of the state of Indonesia. According to Human Rights Watch recommends Bakorpakem very

influential in the government banned the religious community.

Until 2007, police has banned 39 religious groups/beliefs considered as cults. There are

Dayak Takmad Hindu, Syiah Imamiyah, Salamullah, Al-Haq, the Holy Quran, Zubir Amir

(North Sumatra), Muslim Jamaat Hizbullah (West Kalimantan), Husnul Khuluk (Bandung),

Siababa, Tariqot Nagsabandiah, Sabar Sakoto (Batam), Karisma Usada Mustika, Syaih Islam,

Al Musyarafah Doctrine, the Doctrine Uli Amri, Lia Eden, Iskarima Foundation, Hisbul

Wathan, AMDI, Amalillah (Jakarta), Al-Zaitun, LDII (West Java), Zumris (East

Kalimantan), Qiblatul Amin Foundation, Jehovah's Witnesses (North Sumatra), Propagation

Institute Indonesia (North Sumatra), Sheikh Siti Jenar (Lampung), Suol Training (North

Sumatra), Doctrine Wahidiyah (West Java), Jemaah Muslim Mosque (South Sulawesi),

Doctrine Naqsabandiyah (South Sumatra) and Ahmadiyah Indonesia

5 ALTERNATIVE REPORT OF INDONESIA’S ICCPR STATE REPORT. ARTICLE 18: FREEDOM OF RELIGION AND BELIEF

5.1 Police Failure

The police in Bekasi, Bogor, Sampang, and other place that have religion conflict had

failed to protect religious minorities who faced harrasment. Indonesian police have violated

Police pledge they say the first time when being a cop that is: That I am, to be appointed as

members of the state police force of the Republic of Indonesia, will be faithful and obedient

to the Pancasila, the Constitution of 1945, Tribrata, Chess Prasatya and Unitary Republic of

Indonesia as well as the legitimate government. In the Constitution of 1945 stated that every

resident in Indonesia are entitled to the same protection, but this is not implemented by the

Indonesian police. Indonesian police still choose who should be protected and not.

The police are supposed to be an emblem of the fair and impartial in a person or a

particular group , the same as the third cop promises that contains : that I will continue to

uphold the honor of the country , the government and dignity of members of the Indonesian

National Police , and will always priority to the interests of the community , the nation and

the state of my own interests , a person or group . The fact that we can see since 2008 to

2012, the police are in the highest position of religious freedom violations . In 2008, out of

367 cases of violations , 121 cases of them are conducted by the police , while in 2009, out of

139 violations , 84 of them are conducted by the police . Acts of violence against the real

religion has tarnished the dignity of the police .

In Sampang , Madura , in February 2006, four police officers at the district Omben signed

an open statement , asking Madura ulamas to issue a joint fatwa to ban police officers

Shiaism.The obviously side with the Sunni majority when the Shia minority complained

about the harassment . Later the Sampang police precinct , the which supervises the Omben

units , also took part in pressuring Shia clerics to leave their village . This action has violated

a promise that says ' put the interests of the community , the nation and the state of my own

interests , a person or group '.

Police actions like these that make opening opportunities for religious conflicts in various

regions .

5.2 Majelis Ulama Indonesia

The council comprises all Indonesian Muslim groups including Nahdlatul Ulama (NU),

Muhammadiyah, and the more subtle name like Persis, Al Irsyad, Majelis Mujahidin

Indonesia (MMI), Hizbut Tahrir Indonesia (HTI), Forum Ulama Umat Islam (FUUI) and the

Islamic Defender Front (FPI). Majelis Ulama Indonesia or MUI is a national institution was

established in 1975 under President Suharto to be a bridge between Muslim leaders and the

state. Its main activities were to issue fatwas, strengthen Muslim brotherhood, Strengthening

religion in the way the Pancasila describes to ensure national resilience, Participation of the

Ulama in national development, The maintenance of harmony between the different religions

in Indonesia.The MUI acts as an interface between the Indonesian government, which is

secular, and the Islamic community.

Its fatwas are sometimes used as a basis for changes of law or policy in Indonesia. The

Ministry of Religious Affairs works very closely with the MUI. When suggesting the ban of

Ahmadiyah, Minister of Religious Affairs Suryadharma Ali, himself an MUI advisory board

member, referred to an MUI fatwa in declaring Ahmadiyah heretical.148 At the same time,

the MUI has also pressured the government to ban the Ahmadiyah outright, saying that a

fatwa is not sufficient.

In July 2005, the MUI reissued a 1980 fatwa against the Ahmadiyah, declaring it to be a

deviant sect, heretical, and dangerous. The July 2005 fatwa said that the government was

obliged to prohibit the spread of Ahmadiyah teaching, ban the organization, and close all of

its buildings.6

The national MUI also opposed the construction of GKI Yasmin (an Indonesian Christian

Church in the Jasmine Garden housing complex, or Gereja Kristen Indonesia Taman Yasmin)

in Bogor, a Jakarta suburb, even though the Supreme Court had ordered the Bogor

government to reopen the church. The national MUI has supported the Bogor mayor in

defying the Supreme Court decision.

6 H U M A N R I G H T SW A T C H: Abuses against Religious Minorities in Indonesia

6 Conclusion and Recommendation

6.1 Conclusion

Freedom of religion in Indonesia is still a point of light. There are still many things that need

to be resolved by the Indonesian government and people of Indonesia. People of Indonesia

itself still can not apply in religious tolerance. Religious tolerance has been taught since

entering school, the primary school, they taught to respect other religions such manner

respecting the proceedings of other religious activities. But in reality many people who made

attacks on houses of worship, many of which create interference when HKBP Filadelfia

congregation held worship on the roadside. The tolerance that was taught in the primary

school was only buried in a book and not applied in real life. There are still many people who

act against the law, they discriminate the minority. They act as if true and the name of

religion.

In addition to the people, the error is also done by the government and other elements such as

the police. The Government has made a named entity or real Bakorpakem disrupt freedom of

religion and is also true Bakorpakem has violated the Act of 1945 which regulates the

freedom of every citizen to profess their faith. The police are supposed to be a refuge for

minorities even become enemies in a blanket that helps the majority to oppress the minority

directly or indirectly. The police had broken promises that their police say when they would

be appointed on the police force.

If the attitude of the government and the police are not to be neutral and fair then peace

among religions in Indonesia is not going to happen, there will be more violence,

discrimination, intimidation of minorities.

6.2 Recommendation

Viewing the reality happens much violence and sectarian conflicts in various regions in

Indonesia. Violence is due to the lack of tolerance and mutual respect among religions.

Religious tolerance should not be attempted by stating that all religions are the same as the

reality of each religion are different. The students should be made aware that a religion

different from other religion as well as how to choose the religion taught correctly and

responsibly. Children should be taught to love and uphold their religion sincerely and

earnestly. He/She must always be consistent to submit to their religion and to live in

accordance with their religion.

In addition to the necessary sense of religious tolerance, the willingness of every religious

community needed to come together and discuss the root causes of religious conflict in the

adult, with no section that feels cornered. When there is a conflict every individual involved

it needs to look inward and should be more mature in taking action.

7 References

1. Human Rights Watch: Abuse against Religious Minorities in Indonesia

2. PRESIDEN TANPA PRAKARSA. Kondisi Kebebasan Beragama/Berkeyakinan di

Indonesia, 2012. SETARA Institute, 17 Desember 2012

3. Alternative Report of Indonesia’s ICCPR State Report. Article 18: Freedom of Religion

and Belief.

4. Peraturan Bersama Menteri Agama dan Menteri Dalam Negeri No.9 Tahun 2006/ No.8

Tahun 2006 Tentang Pedoman Pelaksanaan Tugas Kepala Daerah/Wakil Kepala Daerah

Dalam pemeliharaan Kerukunan Umat Beragama, Pemberdayaan Forum Kerukunan

Umat Beragama, Dan Pendirian Rumah Ibadat.

5. Laporan Tim Temuan dan Rekomendasi: Tentang penyerangan terhadap penganut syiah

di Sampang, Madura. 2013