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RELIGIOUS FREEDOM IN INDONESIA:
A LOOSING OPPORTUNITY FOR HUMANITY
by John A.Titaley

Introduction
Formed as a new nation of old nations after its proclamation of independecne on August 17, 1945, Indonesia is one among the most heterogeneous nation in the world. Indonesia used to be well known for the beauty of its land, hospitality of its people and of its religious tolerance. However, during the last five years, Indonesia has gone through a period where all the beauties seen like a paradise lost, especially the hospitality of the people. It has become common in the worldwide news how horrible things are taking place in Indonesia. People are killing each other, women were being raped, houses were burned, and the numbers of refugees are increasing from day to day. These all happened in a manner that modern human beings could never imagined. While these severe actions took place, the government seems to be incapable of handling the problems properly. Consequently, it is the common people that are suffering the most and loosing their faith to their government. That could lead them to do things that are not used to their nature because of their despair.

Among other things loosing in this paradise lost, is its religious freedom. As a country of the biggest Islamic population in the world, Indonesia has no parallel in its kind. There used to be no categories of majority nor minority. All are equally treated in the eyes of the law. This freedom is guaranteed in the 1945 Constitution, a constitution that was approved on August 18, 1945, a day after the proclamation of its independence. Today this constitution is in danger of being ammanded, including the Preamble, where the Pancasila, the principles for religious freedom and tolerance, is located. If the Pancasila had to be ammended, historically it is going to be replaced with the Islamic law. This is not new to Indonesian history.

This direction is not unprecedented in its short history of 55 years. This is especially true during the last five years. It is a direction that the people of this country, especially of religious minorities, are wondering whether this country will exist if this ideological dispute shall never be settled.

Despite the recent dominant analysis that the conflicts in the Maluku are the acts of the Jakarta provocateurs due to the decreasing role of the Armed Forces in the reformation era, or Suharto-related, etc., there is another way of looking at them that is by placing the case in a much wider perspective of ideological dispute which has been hampering Indonesia since its independence in 1945.¹ The ideological dispute concerned is between Islamic political ideology and that of non-Islamic (Nationalism, Marxist Socialism, etc.) which will never end, unless Indonesia, in my opinion, has been completely "Islamized".

This analysis is based on the fact that the whole traditional institution of "pela-gandong" (brotherhood between villages based on blood ties) has been destroyed following the destruction of the oldest traditional house of the Nikiyuluws (Ambon city) on the one hand, and on the other hand, the emergence of the religious feelings which have encouraged the slaughtering of pastors and the burning down of church buildings, like the oldest church buidling of Maluku in Hilla-Ambon and the Christians of Duma village in Halmahera, the first place where Christianity was preached in North Maluku, are seen as systematic attempts to eliminate historical records of Christianity in Maluku and Ambon in particular. When Christian University of Maluku (UKIM) and Pattimurra University (UNPATTI) in Ambon, apparantly a systematic approach to eliminate educational facility for Christians in Maluku, since UNPATTI had been suspected as a basis for developing Christian leadership in Maluku.

A. The Indonesian ideological dispute.

The best way to perceive the problems in Indonesia is to look at it through ideological analysis. Since its independence, Indonesia has never been completely free from the sharp ideological dispute between those who are in favor of imposing Islamic ideology as the foundation or way of life of Indonesia as a state because Islam is the majority and the other ideologies like nationalism and Marxist-Socialism. This is natural, because Indonesia is a republic built on democracy, and since democracy is believed to be the rule of the majority over the minority, thus the majority thinks that it is just natural for them to rule over the nation and the state. Unfortunately, if the majority is a reality based on a religion, the treatment on people of other religions tend to be discriminative. If there is a discirmination, could that be called a democracy? Should this majority-minority belief be continually developed, the "jungle law" of majority rule over minority.

This has caused a continuous sharp ideological dispute between proponents of Islamic ideology and nationalism and Marxist-Socialism. This was clearly felt in assemblies of the "Preparation Committee for Independence" (BPUPKI and PPKI) from May to August 1945, the Parliament sessions from 1957-1959, and even the latest Annual General Assembly of the People's Consultative Council in August 2000.

All these prove that the ideological issue has not been settled yet by this nation. It is even worse when Habibie came to power with all the Islamic labels coloring his administration like "Bank Syariah", "grass root" economy which is not rooted among people, the concept of "Madani society" for civil society, and the "Zakat" law. Should this continue to happen, it would mean that "syariat Islam" (Islamic laws) has been practiced at large in the life of the nation and state of Indonesia. If that is the case then, the government and the whole country had denied the Pancasila as its foundation. The consequence of it is going to be uncertainty of the country's future.

President Wahid, with his pluralistic view, had not been able to prevent the country from falling apart, because of his own personal problem with the parliament. Thus, he has not made significant change in religious freedom, except for recognizing Confucianism as a religion in Indonesia. No significant change in Maluku problem under his administration. It was under his administration that civil emergency law (CEL) was implemented. Amazingly, it was after the implementaton of CEL that UNPATTI was burned down and three Christian villages were destroyed.

1. The Eastern Indonesia in the perspective of this Ideological Dispute

The involvement of Eastern Indonesia in this ideological perspective began when the founders of the nation from Eastern Indonesia, who were predominantly Christians refused the Jakarta Charter, in particular the seven words which enforced the implementation of Islamic laws to become the Preamble of the Constitution. This resulted in the revision of the first "sila" (of the Pancasila) and chapter 29 of the 1945 Constitution and by replacing the word "Allah" with the word "Tuhan" of the charter and made it the Preamble.

The Eastern Indonesia's leaders were able to do so, because the region was predominantly Christian. Thus they could not agree with what was in the Jakarta Charter which could encourage discrimination in the life of the nation and state. If the charter which contain the carry out of Islamic Law was forced by the founders of the nation to become the Preamble of the constitution, they would not join the republic of Indonesia and prefer to have their own state. This is the main reason why this country managed to survive on its nationalistic path with the Pancasila as its foundation despite the fact that Islam is the biggest religion in Indonesia. Since the region they represented was almost half of Indonesian teritory, then the rest of the founders agreed to their proposal. The Jakarta Charter then was refused. Provinces in the Eastern part of Indonesia during the Era of New Order that are predominantly not Islamic majority are Irian Jaya (West Papua), Maluku, East Nusa Tenggara (West Timor), North Sulawesi (Manado) and Bali. Except for Bali which is Hindu majority, the rest are predominantly Christian majority.

Such situation of Eastern Indonesia actually could have remained true as it was up to now, if not because of this historical move that their leaders did in 1945. It is from this perspective that the development of Eastern Indonesia should be perceived.

Thus, when Habibie administration suggested that the Maluku province to be divided into two provinces and Irian Jaya into three, there are no other rationale except for this, i.e. as an attempt to eliminate the Christian dominance in Eastern Indonesia. Transmigration to the region is continuously encouraged and, in addition to this, the movement of population from other parts of the country is made possible by more boats sailing to the region. Besides, the economic position also changes hands to certain groups of outsiders, and the government personnel policy which discourages the local people.

Therefore, to say that the whole effort to change this situation of predominantly Christian to meet the national reality of predominantly Islam, is not a strange opinion. If this is successful, such a protest that Eastern Indonesia once had done in 1945 will no longer be made possible in the future Indonesia which, according to some will be a new society or even a New Indonesia. It is from this angle that we should view what is now happening in the Maluku.

2. The Maluku in the perspective of Ideological Dispute.

Ambon and the Maluku in general is the first target in Eastern Indonesia which should be "transformed" for sevreals reasons. Firstly, in the historical record of 1930, Ambon, Manado and Batak people were among the highly educated people in Pre-Indonesian period. This must be eradicated, because that will give the Christians some advantages in the society. The burning down of UNPATTI and UKIM and left only two Islamic colleges in Ambon are obvious. Secondly, it was from Ambon that the local missionaries were sent to other Eastern Indonesia regions to preach the gospel of Jesus Christ, thus Ambon is regarded as "the eldest brothers/sister of the region". If Ambon and Maluku have been successfully transformed, other provinces in the East will be easily transformed and controlled.

For Maluku itself, the transformation began with transmigration program in 1950's, and in 1970 the gap of difference in number of religious adherents diminished to become 51% Christians and 49% Muslims. According to the 1998 Sensus, the figures changed to 59,01% Muslims and 35,29% Protestants and 5,19 Catholics.² How could this happen? Is it because "family planning" program has worked better among the Christians rather than among the Muslims? Or is it not because this drastic change has been caused by large movement of people (mostly Muslims) to the region? This can be seen from the highest frequency of boats sailing to the Eastern part of Indonesia, including Maluku and disembarked more new commers into the region, including Maluku.

There is yet another question. Why have the Ambonese Muslims involved themselves in the dispute thus have had the heart to deny traditional values and made their Christian brothers and sisters victims of it? It should be noted, however, that by saying this I do not mean to make a generalization, because not all Ambonese Muslims do.

I myself tend to say that to become a majority, from once a minority one, is a natural need in a democratic country. Within a united nation like Indonesia, one can live anywhere in the country and has the right to express oneself naturally as an expression of one's basic human rights. If this is supported by bureaucracy from Jakarta, as well as by international and military power, what is there to fear? De facto and de jure it is legal in a democratic country.

Should this happen, what is the advantage of defending traditional institutions, especially when they are more of a hindrance compared to democratic ways where people are free to possess power? What is the benefit of holding traditional ties if someone could gain advantages from being democratic?

Based on this analysis, it can be concluded that from the beginning, the Maluku problem has never been a local case. It is a national problem erupted locally. This is obviously due to ideological dispute in national level which has not been settled. Thus the solution can not be adequately to be made local. Without a national solution, the conflicts will go on.

In its history of 55 years, the dispute persists, even as recent as Abdurrahman Wahid's government now. The dispute still haunts Indonesian unity, and it is getting worse as its history goes on. When this continues, what is obvious is the loosing of religious freedom. This can be seen in recent development of this dispute.

B. The obstruction of Religious Freedom in Indonesia

Socio-culturally Indonesia is a religious nation, believing in the God who is One. The life of the nation can not be separated from the presence and growth of the great religions: Hinduism, Buddhism, Islam, and Christianity (Protestant and Catholic). Therefore the growth and the development of the socio-cultural life is very much influenced and colored by religious values; thus religious life and national life are inseparable.³ This indicates freedom for all religious adherents to exercise their religious activities in accordance with the values inherent in the Pancasila. All religions are equal as far as the life of the nation and society of Indonesia are concerned.

However, this ideal is not realized as it should be in practice. The claim of Islam to be the majority has shifted religious freedom to become domination of the majority over the minority. This has been supported by development strategies and government political policies that have encouraged the domination of Islam over others, especially Christianity.

A few examples, inter alia, the decrees of Minister or Ministers,⁴ classified as follows:

1. Prohibition to build Worship Building and Tolerance among Religious Communities
A few government policies regarding this prohibition are, among others, the Decree of Ministers of Religious Affairs and Home Affairs, no.01/Ber/Mdn-Mag/ 1969, in which says:

1. Any plan to build worship buildings should obtain a permit from the local government which is a prerequisite to the construction.
2. The local government concerned will issue the permit after receiving consideration from:
   1. the head of the local Department of Religious Affairs.
      
   2. the local Planning Board
      
   3. the condition of the area concerned.
3. If necessary, the local government can request for considerations from the local religious groups and "ulama" or religious leaders.

One of the implications of this is the issuance of the Jakarta Government Instruction (no.39/1991) on place of worship. One point says "... to stop using houses for worship which can obstruct social order"⁵

2. A Regulation regarding the Preaching of Religious Doctrine
A few examples are the Decisions of the Minister of Religious Affairs no. 70/1978 on the guide to preach religion and no.77/1978 on foreign financial supports to religious institutions, which were clearly aimed at Christianity. These were issued because of the suspicion on the part of the Muslims on the issue of proselytism and overseas financial supports to churches.⁶ As the result, the government has limited the preaching of Christianity (e.g. through pamphlets, bulletins, magazines, books, etc. in places or homes of other religious adherents). On the other hand, the Minister of Religious Affairs sent out a circular (no.3/1978) to all local head of the Department of Religious Affairs on "Dakwah" and Early Morning Lecture via radio.⁷ The circular says that the "dakwah" of Islam regarding chanting of Alquran, be done daily, weekly, bi-weekly or monthly. The "dakwah" can be carried out in various places possible, such as the mosques, buildings, offices, homes, open fields, schools, lecture rooms, parks, stages, prisons.⁸ The radio stations used are both private as well as government's. The circular has given more freedom the preaching of Islam. Considerations mentioned in the circular are the 1945 Constitution, chapter 29 (religious freedom) and the Decision and Instruction of the Minister of Religious Affairs mentioned above, and the permit for this activity is not necessary.⁹

3. Decisions regarding "Aliran Kepercayaan"(a culturally related belief in God) and Marriage.
Explicitly these lead to the strengthening of Islam hegemony. One proof is that the "Aliran Kepercayaan" is not regarded as a religion and thus it comes under the supervision of the Department of Education and Culture (Congress decision no.IV/MPR/1978, Instruction of the Minister of Religious Affairs no. 14/1978 on the follow up of the Instruction no. 4/1978 on the policy regarding all the various "Aliran Kepercayaan". This is in accordance with the definition of religion which only recognizes Islam, Hinduism, Buddhism, Christianity (Protestant and Catholic). If the "Aliran Kepercayaan" should continue to exist, its adherents would have to hold one of the five recognized religions.

On the other hand, there are efforts to enforce Islam laws in society. Marriage law is one of the examples where the Muslims have succeeded to bar the concept of monogamy, because the concept sounds Christian, included the religious institution to legalize the marriage which is in accordance with the Islamic law.¹⁰

4. Government's Funding of Islamic Education.
Under Suharto's regime in the late 1980's, the government decided to include Islamic schools from Primary Education to university under government's budget. Under the Department of Religious Affairs, most of Islamic schools i.e. Madrasah Ibtidaiyah (Primary School), Madrasah Tsanawiyah (Junior High School), Madrasah Alawiyah (Senior High School) and Institute or College of Islamic Religion abbreviated as IAIN and STAIN at the university level which run bachelor, master and doctoral education, are being funded by the government. This does not apply to other religions. In a certain perspective, Indonesian government is discriminating its own people, especially the minorities.

5. Islamic Court

Under Suharto's reign in 1989, Islamic court was set up for the Muslims, despite the national law of Indonesia. Under the nartionalistic notion of the Pancasila, this is something that defies to the Constitution. It creates two different legal system in a country.

6. New Laws under Habibie's Reign
Although it was short, Habibie's reign managed to produce more of laws that are based on Islamic Law ideas than of nationalistic notion. Including in this is the law of zakat which was conducted by the government offices. This is a kind of governanment interference in the religious life, especially for the Muslims. This is not the case with non- Muslims. The legal products described above show how unjust the government policies are which tend to bring benefit to only one religious group and not the others. Non-Muslims, especially the Christians have suffered a lot with the burning down of church buildings which has been going on since 1950's. The table below shows the number and the percentage of the church buildings being closed down, burned down or destroyed:¹¹

Source: FKKI (1945 - 1997).

The burning and destruction of church buildings is always followed by terror against the Christians, both during the worship services and other religious activities. One of the forms of terror recently occurred was the simultaneous bombings on the Christmas Eve (December 24, 2000) in Jakarta, Mataram, Medan, etc.

What has been described above explains the condition of the religious life in Indonesia which has been colored by this ideological dispute. This has continued on which empirically emerged in the conflicts now in the Maluku.

C. Maluku Riots: A Case on the Lost of Religious Freedom

I will describe the condition of religious freedom in Indonesia, especially in terms of Maluku and North Maluku's case in four emphases that need serious attention by those who are concerned with humanity.

1.Jihad phenomena as a part of Islamization in Maluku and North Maluku.
The Jihad phenomena which was sparked after the killing of Muslims in North Maluku, made themselves apparent in the 1 million Muslims rally January 2000 in Jakarta, where Amien Rais, Chairperson of People's Consultative Council, gave his support on the move.

After the rally, Jihad managed to infiltrate into Maluku and North Maluku in May 2000, although President Wahid had tried to prevent them from going into Maluku. The question is how did they managed to enter Maluku and North Maluku if there is not any certain bureaucratic involvement, especially if their weaponry were also smuggled savely?¹²

After their arrival ini Ambon, the campus of UKIM was burned down on June 22-23, 2000. This was then followed by the burning down of UNPATTI campus in July, 2000. Ironically, the burning down of this campus took place, after the implementation of CEL and gave the governor all authorities to take any measures to stop riots. Including in these events were the burning down of Poka, Rumah Tiga and Waai villages in the Island of Ambon.

It is on the location of Waai villages that the commander of jihad warriors declared the plan to rebuilding Islamic Waai. The villagers of Waai had not been able to return to their village. The same happened with villagers of Poka and Rumah Tiga. They then attacked Brimob (Police) Headquarter in Tantui and Galala in Ambon.

After Ambon, these jihad warriors mobilized themselves to the Island of Ceram and manged to get through although there are strong naval blokade at the sea between the islands of Ambon and Ceram. There they started their attacks that lead to the forced Islamization in Teor, Kesui and other places in Ceram.

In North Maluku, they raided Soatobaru and Makete on Sunday March 5, 2000 before the worship. The church building was destroyed and 1 died and 15 injuries. Found from the bodies of Muslims died in that raid were flag of Partai Amanat Nasional (National Message Party) where Amien Rais is the Chairperson of the party.¹³

2.Military partial-involvement
It has been generally known that instead of putting down the riots, the security forces had not been doing their jobs very well. In some instances, they involved in the riots partially, in both side. That can be seen in the case of Batumerah on February 23, 1999; Mardika from February - April 1999; the burning of Silo Church in Ambon on December 26 - 30, 1999; UKIM Campus on 22-23 June, 2000; the burning of UNPATTI campus on July 1 - 4, 2000 and the villages of Poka and Rumah Tiga. One eyewitness testified that some miitary men climbed the UNPATTI's buildings and burned them down.

The idea of rellocation, i.e. segrageting the Muslims and the Christians into their own teritories, came from Regional Commander (Pangdam) of Wirabuana Mayor General Marassabessy. He proposed this idea in April 1999.

The recent military involvement was the raid from January 19 - 23, 2001 on Hotel Wijaya II where the unofficial military headquarter was located. Among the arrested were 1 TNI members and 35 policemen and 4 policewomen.¹⁴ This unofficial headquarter was believed to act as the nerd for attacks in the island of Ambon.¹⁵ From those 35 policemen, Saragih who had been transferred to Jakarta but refused to go to Jakarta, was captured with a blueprint to destroy Maluku.¹⁶

3.Inefficiency of Governments
It is obvious that the governments at both national and local levels failed to stop the riots in Maluku and North Maluku. Even after the implementation of CEL, where the governor was given full authority to exercise power, instead of stop, the riots escallated. First failure of the governor was to stop the burning of UNPATTI campus and three Christian villages and was not able to bring the people back to their villages. The riots did not stop until General Secretary of UN called President Wahid in July 2000. It did not necessarily stop the riots but, the riots took place in a slower pace. That was the case of Siri-Sori Sarani attacks in October 2000.

The President and Vice President who is in charge of solving riots in Maluku visited Ambon and Ternate several times, but failed to stop the riots.

4.Severe Human Rights Violations Because of the Riots
Because of all these, it is back to the people that have to suffer secer human rights violations and some crimes against humanity. In North Maluku a boat of Cahaya Bahari with 500 peoples trying to find save haven in North Sulawesy early July 2000 shrunked and no news about the survivors. These are innocent people who are trying just to save their lives.

The worst of all was the forced Islamization including forced circumcision. This took place especially in Kesui Island. In an interview with those managed to escape, Anis Suitella and his wife and Matheos Masan told that they were forced to embrace Islam religion or else will be killed. Matheos even had been given an Islamic name Mansyur and awaited for circumcision.¹⁷ Together with them were 650 people, including 185 women from three different villages in Kesui Island. Arguing against allegations that forced Islamization did not take place, the governor admitted the truth of the case.¹⁸

Among these people, 70 managed to be pulled out of their hostage. In a special eucharist service conducted on January 19, 2001 by Catholic Church in Ambon, they were accepted as full members of the church again. They felt that they had been forced to deny their Christian faith.¹⁹ They prayed also for their brothers and sisters still in the hostage.

This is not the only case of forced Islamization. Another areas where forced Islamization took place are of Bacan Island, Salas and Teor in Ceram. Their numbers reached more than 1000 people. Including in these circumcision is female genital mutilation that was done without necessarily conseidering hygienic aspect and which uncustomed in that area.

Conclusion
After describing national and local development of religious freedom in Indonesia, especially the case of Maluku and North Maluku, religious freedom in Indonesia could be described as fading away from the life of the Indonesian people. Known for its religious freedom and tolerance, Indonesia at the brink of loosing its ideals that had glued the nation together for more than 50 years.

The Pancasila that the founders of the nation had agreed upon on August 18, 1945 instead of the Jakarta Charter, promised the best future of a nation just newly founded. For a nation that had never have any precedence, the Pancasila that gave the nation a platform of equality had been the best solution to a nation like Inodnesia. It is unimaginable that for the Christians in the Eastern part of Indonesia, whose number in 1945 was probably 2- 3 % of the total population, would join to form the republic, a democratic one and not a kingdom or sultanage with about 80 - 90% of the population are Muslims and not afraid of being Islamized. They believed in the Pancasila, that it could create a better human life of a pluralistic country like Indonesia. It is precisely because of this ideals that the founders of the nation from Eastern Indonesia strongly rejected the Jakarta Charter, where Islamic law will be carried out in the new nation of Indonesia. In their understandings, that is going to create a discriminative society, where certain religious group is going to enjoy privileges from the government while others are not. They believed that a better human society can be created especially in a country where Islam is the majority, yet the life of the country is not necessarily Islamic, but democratic that provides equality to all people of Indonesia. The Pancasila guarantees it.

If this could be achieved in Indonesia, then Indonesia will become the heaven of religious tolerance. This is going to be the biggest contribution that a new nation like Indonesia can make to humanity. However, it has to be proved within its own context. This is true, for Indonesians as well, since the ideals are totally new, as new as Indonesia itself. Prior to 1945, there was no such kind of Indonesia. Indonesia is a nation formed just in 1945. Before it, there where several nations with their own histories and cultures. These nations were united under the legacy of colonialism. It is because of this legacy that these nations tried to form a new nation. It is within this background that the founders of the nation from Eastern Indonesia dared to pull out their support to create Indonesia, should the Jakarta Charter not be removed from Preamble of the constitution. It is exactly this religious freedom that they aimed at. They were not separatists, since Indonesia was not yet existed.

Thus if the ideals of the Pancasila be replaced with other ideals that destroy religious freedom in Indonesia, it is imaginable that Indonesia will have no future, and the contribution that Indonesia should make will be lost. It is about this loosing contribution to humanity that religious freedom in Indonesia is at stake.

It is about for the future of humanity, the religious freedom, that the Christians in Eastern Indonesia are committed.


Bibliography

Badan Pusat Statistik Propinsi Maluku., Maluku Dalam Angka (Moluccas in Figures) 1998. Ambon: BPS Maluku, 1998.

Darmaputra, Eka., "Pancasila As One Foundation in Social, National, and State Life: A Re-evaluation". In Marthin L. Sinaga (Ed.). Religions Approaching Millenium 3. (Jakarta: Grasindo, 2000)

Department of Religion., A Guide to Religious Tolerance, published by the Department of Religion, Jakarta, 1983/194.

International Crisis Group., Studies conducted by International Crisis Group, Indonesia: Overcoming Murder and Chaos in Maluku, 19 December 2000 in ACG Asia Report No. 10, Jakarta/Brussels.

Kastor, Rustam., Badai Pembalasan Laskar Mujahidin Ambon dan Maluku (The Storm of Revenge of Mujahidin Sildires of Ambon and Maluku). Yogyakarta: Wihdah Press, 2000)

Nanere, Jan (ed)., Kerusuhan Maluku: Halmahera Berdarah (Maluku Riots: Bloody Halmahera), Seri Pertama (Ambon: Bimaspela, 2000)

Ngelow, Zakaria J., "Islam and Christianity in Indonesian Politics". In The Way to Theology of Religions, edited by Research and Development Team of the Indonesian Union of Churches. Jakarta: Gunung Mulia Publishing House, 1999.

Sairin, Weinata., Himpunan Peraturan di Bidang Keagamaan. (A collection of regulations regarding< religions). Jakarta: BPK Gunung Mulia, 1996).


Journal/Newspaper Report

Suara Pembaruan, Nov. 30 1998
Siwalima, December 30, 2000
Suara Maluku, January 20, 2001, 1, 7.
Siwalima, January 23, 2001
Suara Maluku, January 24, 2001
Siwalima, January 26, 2001


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