There has been significant consideration about whether freedom of religion exists in Indonesia.[1] The state has subscribed to international legal instruments which provide protections for citizens for the right to adopt, renounce or change religion;[2] protection of places of worship[3] and freedom from coercion.[4] Indonesia, as a party to international agreements has an obligation to ensure these rights apply equally to all citizens[5] and that they are protected against discrimination.[6]Indonesia classifies as a secular country, codifying the right to religious freedom in The Constitution.[7] As a signatory to international human rights instruments, Indonesia describes itself as respectful and protecting of human rights, including the right to have freedom of religion. Indonesia has implemented mechanisms reflecting the international standards for religious freedom however the practical manifestation of these laws renders the standards applicable only to the six state-recognised religions.
Indonesia is a signatory to five relevant international instruments: The United Nations Charter (UNC);[8] the Universal Declaration of Human Rights (UDHR);[9] the International Covenant on Civil and Political Rights (ICCPR);[10] the Vienna Convention (VC);[11] and the Association of South East Asia National Charter (ASEAN).[12]Further, as a member of the United Nations; Indonesia is under an obligation to respect the principles of the UNC: respecting ‘…human rights and fundamental freedoms for all without distinction as to race, sex, language or religion’.[13] Under the UDHR, Indonesia must ensure that ‘everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance’.[14] The ICCPR dictates that Indonesia protects the religious liberty of its citizens. It states that parties are to unequivocally protect an individual’s rights to freedom of thought, conscience and religion,[15] freedom of association,[16] and equal protection under the law.[17] The ICCPR extends beyond practice only of traditional religions[18] and extends to religious minorities;[19] whose religions or beliefs are strictly protected from discrimination.[20]
The Constitution
The primary source of law is the 1945 Constitution.[21]The Pancasila (ideology of Indonesia)[22]defines ‘…belief in the One and Only God’.[23]This principle was intended to apply equally to all religions but pressure from extreme members of Indonesia’s Muslim majority causesdiscriminating misapplication.[24]A 1999 amendment introduced a human rights chapter. The definition of religion in Articles 28E and 28I are consistent with those of various international agreements.[25]The right to freedom of religion is prescribed in Article 29 of the Constitution which gives ‘all persons the freedom of religion and worship, according to his or her religion and belief’[26]and places a positive obligation on the state to guarantee this freedom. This provision is supported by Article 28E which guarantees freedom to profess a religion and worship in accordance with it, as well as freedom to associate, and gather in relation with their religion.[27]The Constitution does not limit belief, other than restriction to one God. Reading purely the Constitution suggests freedom of religion for all Indonesians. However domestic law defines religion very narrowly.[28] There is no official state religion[29]but Indonesia currently recognises six religions as official religions recognised by the state,[30] entrenched further by legislation which lists the faiths and religions which do not fall within those permissible.[31]The religions are Islam; Protestantism; Catholicism; Hinduism; Buddism and Confucianism.[32] These religions are regulated and controlled by the Ministry of Religion and the Department of Religious Affairs. Each religion also has an official institution which acts as the ultimate religious authority for its respective religion,[33] for example the Indonesian Ulama Council (MUI) for Muslims.[34] Due to the institutional framework of the recognised religions, religious practice beyond those recognised is thus delegitimised.[35] While the laws do not prohibit practice of other religions, their effect has been to limit religious worship to strict options, eradicating true freedom to choose religion. The concept of freedom of religion is fundamentally contradicted by restricted faith and observance of particular predefined categories.[36]
Indonesia’s hierarchical structure places international law on the same tier as national law. In addition to the strong inconsistency between Indonesian domestic law and international law there is an inconsistency with another domestic law too. In 1999, Indonesia passed the Human Rights Act (IHRA); as a domestic instrument stating that the International Human Rights regulations and provisions ratified by Indonesia are legally binding domestically.[37]The implementation of domestic legislation clearly does not follow the international legal principles.
Domestic Law
Indonesian citizens are required to choose one of the six official religions. Polytheism and atheism are illegal as they contradict the monotheism prescribed by the Pancasila.[38] Following the 1965 and 1966 massacre in Indonesia, persons professing no religion are associated with communist beliefs and widespread violence and social conflict arises in communities.
One of the major discriminating pieces of legislation for unofficial religions in Law No. 1/1965[39] which was created to prevent improper practice of, or defamation of religions; known as the Blasphemy Law. According to the government, this law aims to protect Indonesia’s six official religions by criminalising those who insult or in some way negatively affect the official religions, as well as those who persuade others to convert to unofficial religions.[40]The law also prohibits and sanctions ‘intra-religious expression’, criminalising advocating deviation from teachings of religion which are considered to be fundamental by scholars of that religion;[41] persons and groups cannot vary the strict existing practices of one of the recognised religions. Both criminal and civil penalties and measures can be imposed on violators of this law. It is enforced by Article 156a of the Indonesian Criminal Code which prescribes the penalties and confirms the criminality of violating the Blasphemy Law.
This law has had a profound impact on specific groups in Indonesia, particularly those groups who practice a variation of the state’s most protected religion; Islam. The Indonesian Ahmadiyah Community (JAI). It is a movement or a group which considers them to be Muslim but follow a different interpretation of Islam to the official interpretation supported by the MUI. As a result, the MUI has declared the JAI to be “deviant” and to promote “deviant practices”; this is prohibited by the Blasphemy Law.[42] The MUI has further declared that JAI’s teachings have endangered public order and national security[43] and has also issued recommendations against JAI for the organisation to be banned and disbanded[44] and for their places of worship to be closed.[45] Additionally, members of the community are often physically attacked by mobs or by members of their community.[46] After MUI put significant pressure on the government to ban JAI, the government provided an ultimatum to either renounce themcompletely from Islam and to declare themselves to be removed from the religion in order to continue their practices as they are, or to convert to mainstream Islam and to uphold and manifest the practices and values of the mainstream religion.[47] Both of these options run contrary to the faith of the JAI and imposing them on the members of the community thus amounts to crimes against humanity for persecution on religious grounds, and possibly on additional grounds.[48]
A similar issue is currently facing Gafatar; a group accused by the MUI and Religious Affairs Ministry of deviant Islamic teachings. The group has been forced to leave its community in Kalimantan and return to the members’ original hometowns, primarily in Java, for “spiritual healings” from religious leaders. Membership of the group has been made illegal and the leaders are expected to be criminally charged under the Blasphemy Law.[49]The government wrongly applies the international principles in arguments over similar cases, insisting that it is protecting the freedom of Muslims to practice their religion without “deviation” from the religion by others.[50] The government has stated that Muslims are discriminated against if sects such as Gafatar deface their religion.[51]However, the government has an obligation to apply religious protection equally to all, even if they practice a religion which is not recognised by the state.[52]
The distinction between official and unofficial religions determines which body they will be regulated; civil or religious. The bodies are ‘semi-government’ and government funded bodies, not only allow discrimination but actively create policy and regulations that encourage it.[53] Furthermore, much of the law and policy in Indonesia that refers to religion often only concerns followers of the official six religions. This distinction is so evident that in some laws the actual purpose of the law is to promote ‘religiosity’ of the official religions, and only the official religions.[54]
Indonesia has a history of discriminating against non-Muslims on religious grounds. The Joint Decree No. 1/1969 regards the construction of houses of worship and became the base justification for violent acts committed by the Muslim majority on Christian houses of worship, sometimes authorised, sometimes not.[55]The law was in violation of international treaties regarding places of worship, which state that places of worship should be under protection from the state. The original decree was then replaced by Joint Decree 2006 which requires permission from sixty residents from a different faith to approve any building proposal for a place of worship. This law still allows discrimination; the ability of people to build their places of worship relies on whether there are allies in the area from different religions and also on the general religious makeup of their area. In some circumstances, discrimination on religious grounds has become so severe that people of certain religious groups, often minorities are being asked by the government to migrate from their towns or islands in order to avoid conflict with the area’s majority population.[56]
The national government is under constant pressure from Muslim political groups to amend the Constitution in order to move towards an Islamic State. Under President Suharto, those pushing in favour of increases in power to Sharia Law were silenced by government strategies created to diminish the power of political Islam to be replaced with power to cultural Islam.[57] Despite the government continuing to reject moves towards increasing the influence of Islam, there is significant pressure from the voting pressure of an almost all-Muslim population.[58] This can be seen through government Law No. 44/1999 granting Aceh autonomy to be governed by Sharia law. The decentralisation and the authority of local government have allowed the Head of the Region of Aceh[59] to legislate on religion[60] and to create local norms, for example obliging Muslims to wear Islamic dress.[61] This law contradicts the freedom of choice normally followed in Islam[62] and the UN’s definition of freedom of religion;[63]regional governments are still bound by matters relating to international relations.[64] However, the decentralised nature of the government and the need to appease the Muslim majority means that there are fewer checks and balances in place.[65] The validity of regional regulations remains unresolved[66] which has resulted in regions, such as Aceh, being in violation of international treaties and in Indonesia being guilty of committing serious human rights abuses.[67]
While Indonesia has entered into extensive agreements,[68]and the Pancasila[69]intended complete freedom of religion in mind,[70] societal pressures have narrowed religious expression. As a developing democracy,[71] the amendment of the Constitution to include the chapter on human rights was a step in the right direction. In order to guarantee freedom of religion for its citizens, Indonesia must reassess the efficacy of decentralised government; remove contradictions between overregulation of religion through laws and promises of freedom of religion in laws and ensure that both local and national laws comply with Indonesia’s international obligations. Further, Indonesia must determine whether it will be a religious state, a secular state or an Islamic state. The current pressure placed on the government by Islam and Islamic groups and the resulting influence is inconsistent with Indonesia’s assertion of support for human rights and freedom from religious coercion. In order to protect religious minorities and state freedoms, Indonesia must enforce a true separation of religion and state.[72]
[1]CCPR General Comment No. 22: Article 18 (Freedom of Thought, Conscience or Religion), General Comment Art 18, UN HRC, 48th session (30 July 1993).
[2]Eg.CCPR General Comment No. 22: Article 18 (Freedom of Thought, Conscience or Religion), General Comment Art 18, UN HRC, 48th session (30 July 1993) para 5.
[3]Eg.CCPR General Comment No. 22: Article 18 (Freedom of Thought, Conscience or Religion), General Comment Art 18, UN HRC, 48th session (30 July 1993) para 4.
[4]Eg.International Covenant on Civil and Political Rights, opened for signature 16 December 1966, 999 UNTS 171 (entered into force 23 March 1976), art 18.1.
[5]International Covenant on Civil and Political Rights, opened for signature 16 December 1966, 999 UNTS 171 (entered into force 23 March 1976 art 26.
[6]International Covenant on Civil and Political Rights, opened for signature 16 December 1966, 999 UNTS 171 (entered into force 23 March 1976 art 26.
[7]Constitution of the Republic of Indonesia (1945) Arts.29, 28E.
[8]Charter of the United Nations.
[9]Universal Declaration of Human Rights, GA Res 217A (III), UN GAOR, 3rd session, 183 plenmtg, UN Doc A/810 (10 December 1948).
[10]International Covenant on Civil and Political Rights, opened for signature 16 December 1966, 999 UNTS 171 (entered into force 23 March 1976.
[11]Vienna Convention on the Law of Treaties, opened for signature 23 May 1969, 1155 UNTS 331 (entered into force 27 January 1980).
[12]Association of South East Asia National Charter.
[13]Charter of the United Nations art55.
[14]Universal Declaration of Human Rights, GA Res 217A (III), UN GAOR, 3rd session, 183 plenmtg, UN Doc A/810 (10 December 1948) art 18.
[15]International Covenant on Civil and Political Rights, opened for signature 16 December 1966, 999 UNTS 171 (entered into force 23 March 1976), art 18
[16]International Covenant on Civil and Political Rights, opened for signature 16 December 1966, 999 UNTS 171 (entered into force 23 March 1976), art 21
[17]International Covenant on Civil and Political Rights, opened for signature 16 December 1966, 999 UNTS 171 (entered into force 23 March 1976), art 26.
[18]CCPR General Comment No. 22: Article 18 (Freedom of Thought, Conscience or Religion), General Comment Art 18, UN HRC, 48th session (30 July 1993).
[19]International Covenant on Civil and Political Rights, opened for signature 16 December 1966, 999 UNTS 171 (entered into force 23 March 1976), art 27.
[20]CCPR General Comment No. 22: Article 18 (Freedom of Thought, Conscience or Religion), General Comment Art 18, UN HRC, 48th session (30 July 1993),
[21]Constitution 1945 (Indonesia).
[22]Constitution 1945 (Indonesia), preamble.
[23]Constitution 1945 (Indonesia), preamble.
[24]Hyung-Jun Kim, ‘The changing interpretation of religious freedom in Indonesia’ (1998) 29(2) Journal of Southeast Asian Studies 357, 359.
[25] See International Covenant on Civil and Political Rights, opened for signature 16 December 1966, 999 UNTS 171 (entered into force 23 March 1976), art 18.
[26]Nicola Colbran, ‘Relaities and Challenges in Realising Freedom of Religion or Belief in Indonesia’ (2010) 14 (5) International Journal of Human Rights, 679, 679. Constitution of the Republic of Indonesia (1945) Art. 29.
[27] Crouch, above n 4.
[28] Nicola Colbran ‘Realities and challenges in realising freedom of religion or belief in Indonesia’ (2010) 14(5) The International Journal of Human Rights 678, 681.
[29]Constitution 1945 (Indonesia) art 29.
[30] Melissa Crouch Religious Regulations in Indonesia: Failing Vulnerable Groups? (2014)
[31]Law No. 23/2006.
[32] See Presidential Decree 1/1965, since overturned
[33] Nicola Colbran ‘Realities and challenges in realising freedom of religion or belief in Indonesia’ (2010) 14(5) The International Journal of Human Rights 678, 681
[34] Nicola Colbran ‘Realities and challenges in realising freedom of religion or belief in Indonesia’ (2010) 14(5) The International Journal of Human Rights 678, 681
[35]Ibid, 683.
[36]HeinerBielefeldt, ‘Misperceptions of Freedom of Religion or Belief’ (2013) 35 Human Rights Quarterly 33, 37.
[37]Indonesia Human Rights Act (Indonesia) art 7, see also Vienna Convention on the Law of Treaties, opened for signature 23 May 1969, 1155 UNTS 331 (entered into force 27 January 1980).
[38]Constitution 1945 (Indonesia), preamble
[39]Law No. 1/1965.
[40]Asma T Uddin, ‘Religious Freedom Implications and implementation of Shari Implementation in Aceh’ (2011) University of St Thomas Law Journal 603, 612, see also Elucidation of Law No. 1/1965
[41]Asma T Uddin, ‘Religious Freedom Implications and implementation of Shari Implementation in Aceh’ (2011) University of St Thomas Law Journal 603, 612, see also Elucidation of Law No. 1/1965
[42] Nicola Colbran ‘Realities and challenges in realising freedom of religion or belief in Indonesia’ (2010) 14(5) The International Journal of Human Rights 678, 687.
[43] Nicola Colbran ‘Realities and challenges in realising freedom of religion or belief in Indonesia’ (2010) 14(5) The International Journal of Human Rights 678, 687.
[44] Nicola Colbran ‘Realities and challenges in realising freedom of religion or belief in Indonesia’ (2010) 14(5) The International Journal of Human Rights 678, 687.
[45] Nicola Colbran ‘Realities and challenges in realising freedom of religion or belief in Indonesia’ (2010) 14(5) The International Journal of Human Rights 678, 687.
[46] Nicola Colbran ‘Realities and challenges in realising freedom of religion or belief in Indonesia’ (2010) 14(5) The International Journal of Human Rights 678, 687.
[47] Nicola Colbran ‘Realities and challenges in realising freedom of religion or belief in Indonesia’ (2010) 14(5) The International Journal of Human Rights 678, 687.
[48] Nicola Colbran ‘Realities and challenges in realising freedom of religion or belief in Indonesia’ (2010) 14(5) The International Journal of Human Rights 678, 687.
[49]The Jakarta Post ‘Mob forces former Gafatar members from their homes’ 20 January 2016. Accessed at <www.thejakartapost.com>
[50]Amnesty International (2014) ‘Prosecuting Beliefs: Indonesia’s Blasphemy Laws’.
[51]International Covenant on Civil and Political Rights, opened for signature 16 December 1966, 999 UNTS 171 (entered into force 23 March 1976 art 26.
[52]International Covenant on Civil and Political Rights, opened for signature 16 December 1966, 999 UNTS 171 (entered into force 23 March 1976 art 26.
[53] Nicola Colbran ‘Realities and challenges in realising freedom of religion or belief in Indonesia’ (2010) 14(5) The International Journal of Human Rights 678, 687.
[54] See Law No. 1/1965.
[55] Defining ‘religious’ in indonesia
[56] Nicola Colbran ‘Realities and challenges in realising freedom of religion or belief in Indonesia’ (2010) 14(5) The International Journal of Human Rights 678, 688
[57]Above n 46.
[58]Above n 46.
[59]Law No. 4/2004 art 7.1
[60]Above n 46.
[61]Qanun of Aceh 11/2002 on the Implementation of Syariah, Art 13(1)
[62]Above n 46.
[63] See International Covenant on Civil and Political Rights, opened for signature 16 December 1966, 999 UNTS 171 (entered into force 23 March 1976 art 18.
[64]Above n 46.
[65]Above n 46.
[66]Above n 46.
[67] Nicola Colbran ‘Realities and challenges in realising freedom of religion or belief in Indonesia’ (2010) 14(5) The International Journal of Human Rights 678, 687.
[68] See above including See International Covenant on Civil and Political Rights, opened for signature 16 December 1966, 999 UNTS 171 (entered into force 23 March 1976 art 18.
[69]Constitution 1945 (Indonesia), preamble.
[70]Hyung-Jun Kim, ‘The changing interpretation of religious freedom in Indonesia’ (1998) 29(2) Journal of Southeast Asian Studies 357, 359.
[71] Simon Butt, ‘The Position of International Law Within the Indonesian Legal System’ (2014) 28 Emory International Law Review 1, 1.
[72]Nadirsyah Hosen, ‘Religion and the Indonesian Constitution: A recent debate’ (2005) 36 Journal of Southeast Asian Studies 419.