The Jakarta Post, April 06, 2006
'Decree on houses of worship violates Constitution'
Religious Affairs Minister Maftuh Basyuni and Home Minister Moh. Ma'ruf recently
issued a joint ministerial decree on the establishment of houses of worship, which
was immediately met with opposition by minority religious groups. The new decree
replaces a 1969 joint ministerial decree. Franz Magnis-Suseno, a Catholic scholar
and professor at Driyarkara Institute of Philosophy in Jakarta, shared his views on the
controversial regulation with The Jakarta Post's Ridwan Max Sijabat.
Question: How do you see the new joint ministerial decree?
Answer: The decree goes against the amended 1945 Constitution, which guarantees
freedom of religion. What I regret is that it does not protect human rights and the
people's constitutional right to exercise their freedom to worship. To be consistent
with the Constitution, the government should allow all religious communities, including
minority one, to build their own houses of worship without any restrictions.
Which articles of the decree run contrary to the Constitution?
The special conditions requiring support from at least 90 denomination members and
60 local residents, and a recommendation from the local religious affairs office, are all
contrary to the Constitution. The decree does not allow a group of less than 90
adherents or those who fail to win support from 60 locals to build their own house of
worship.
The special conditions also spark fears that those giving their signatures for the
establishment of churches or temples will face intimidation or receive other forms of
social sanction.
A recommendation from the local religious affairs office is unnecessary if the would-be
Joint Forum for Religious Tolerance (FKUB) gives approval. Freedom of religion is
guaranteed by the Constitution. The government should instead promote harmony
among religious communities without having to interfere in the internal affairs of
religions.
How do you see the new decree in connection with the implementation of freedom of
religion in Indonesia?
No churches and temples, or fewer, might have stood on Indonesian soil unless such
a regulation took effect. It rings true that despite freedom of religion, many small
religious groups have been prevented by certain groups of people from building their
houses of worship. Second, regional administrations are required to issue permits
within six months after letters of request to build houses of worship arrive. Third, minor
religious communities are allowed to use temporary buildings with the knowledge of
relevant authorities if they could not construct a permanent house of worship.
How is this kind of issue regulated in other democratic countries?
In Germany, for example, the minority is protected and their rights are respected.
Minority groups are allowed to construct their houses of worship in certain areas
which are available in accordance with spatial zoning.
How do you think the Joint Forum for Religious Tolerance (FKUB) should play its role?
The FKUB, which will have branches in regions, should play its important role of
promoting tolerance among religious communities. If it is committed to achieving this
and building togetherness, it has to campaign for religious tolerance and encourage
the majority's respect of the minority's constitutional rights, especially the freedom of
religion, and help the minority to build their houses of worship. The forum should not
take political advantage from the decree by restricting the minority's basic rights.
The government has pledged to win the acceptance of all religious communities for
the joint decree. What is your comment?
The planned campaign is necessary and important but we should bear in mind that
the decree goes beyond the Constitution. We hope the campaign will educate the
people about religious tolerance and eliminate the prevailing prejudice toward the
minority. The campaign could be part of a learning process for the majority to respect
the minority and their rights.
Of the most importance is regional administrations should not issue any new rulings
to enforce the decree, which might pose new hurdles to the minority to obtain permits
to build their houses of worship.
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