Law and Religion in Indonesia: Conflict and the Courts in West Java by Melissa Crouch

Author:Melissa Crouch [Crouch, Melissa]
Language: eng
Format: epub
Tags: Ethnic Studies, Social Science, Political Science, Regional Studies, General
ISBN: 9781134508365
Google: 7wEVAgAAQBAJ
Publisher: Routledge
Published: 2013-11-12T10:35:55+00:00

Debating the Joint Regulation 2006

Organizations such as MUI continued to urge the government to ensure compliance with the Joint Decree (MUI, 1995: 146). These demands later gave way to calls to revise and strengthen the 1969 Joint Decree at least as early as 1990, although no draft was produced at that time (Aqsha et al., 1995: 468–69). The primary aim since 1969 has been to revise the Joint Decree to tighten and clarify the process to obtain a permit. Calls for law reform from all sides gained renewed urgency in 2004 and 2005, when attacks on churches in West Java became particularly intense.

Finally, in late 2004, President Yudhoyono instructed the Ministry of Religion to prepare a new regulation (Republika, 4 December 2004). In September 2005, the drafting process for the new regulation began with a meeting between the police, the Ministry of Religion, the Attorney-General, the Department of Home Affairs and the Department of Justice and Human Rights (PGI, 2006a). This was a significant step in comparison to 1969, when no consultations were undertaken with religious organizations regarding the drafting of the regulation. Between January and March 2006, consultations were conducted with representatives from the six religions (FKUB, 2008: 156). The resulting Joint Regulation has been promoted by the government as a compromise between the six religions represented at these consultations. The six official religions have then disseminated information about the new Joint Regulation among its respective members. This sentiment was echoed by many other respondents, particularly government officials, who claim that the regulation is a result of the agreement between the six religions.

Despite the consultation process, the development of the new regulation did not take place without opposition. Even though the proposal was only for a new ministerial regulation, and therefore did not have to be approved by the legislature (Dewan Perwakilan Rakyat, DPR), 42 members of the legislature, led by a member of the Christian Partai Damai Sejahtera (Peace and Prosperous Party, PDS), filed a petition with the DPR rejecting the draft regulation (Kristiani Post, 24 March 2006). The proposed Joint Regulation went through several drafts before the final version was passed on 21 March 2006.

In particular, the Joint Regulation 2006 was opposed by the Christian political party PDS, as well as members from Partai Demokrasi Indonesia – Perjuangan (PDI-P) and Partai Demokrat (Soefyanto, 2009: 68–69). There was resistance to the Joint Regulation from religious minorities, who argued that the process to obtain a permit is against the Pancasila, human rights,14 and the right to freedom of religion as contained in the Constitution (art. 28E). Further, the Joint Regulation had justified the violent acts of radical Islamic groups, while the state failed to protect the places of worship of religious minorities or to prosecute the perpetrators of violence.

Many agree with the Joint Regulation, including the chairperson of Muhammadiyah, Din Syamsuddin, who believed that it was necessary to maintain religious harmony (Jakarta Post, 31 March 2006). Radical Islamist groups, such as the Anti-Apostasy Alliance Movement (Aliansi Gerakan Anti-Pemurtadan), argued

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