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Religious Convictions: Viewpoint: You Gotta Have Faith', But
Religious Convictions: Viewpoint: You Gotta Have Faith', But
But what happens when your deep religious convictions mean you lose the
right to have a legal birth certificate, you can’t marry legally, you can’t state
your faith on your identity card, and at the end of it all, you can’t even get
buried because the state doesn’t recognize your faith? Not so private then,
huh?
Yet these are the real-life difficulties routinely facing the many adherents of
traditional indigenous faiths in Indonesia. Many suffer life-long discrimination
simply because their beliefs don’t fit with a major world religion.
That’s why on Dec. 22, in conjunction with Hari Ibu (Indonesian Women’s
Day), the National Commission on Violence against Women (Komnas
Perempuan) organized a public dialogue on the Constitutional Rights of
Adherents of Indigenous Religions.
This principle is elaborated in articles 29, 28E and 28I (1) of the 1945
Constitution, which clearly state that “the State guarantees all persons the
freedom of religion (memeluk agamanya), each according to their own
religion and beliefs (kepercayaan) (Article 29), underlining the fact that these
are “human rights that cannot be limited under any circumstances”.
Yep … until you read “the fine print” restrictions, that is. These appear in
Article 28J (2) of the Constitution: “In carrying out his or her rights and
freedoms, every citizen has the responsibility to abide by the restrictions set
out by legislation protecting the rights and freedom of others, and which
accords with moral considerations, religious values, security and public order
in a democratic society”.
Whoa! Security and public order? Almost 15 years after Soeharto’s ouster,
shades of the repressive New Order regime seem alive and kicking in our
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amended Constitution! How did that happen?
And, to make it worse, while all Indonesians “gotta have faith”, they should
choose from the six religions recognized in the Blasphemy Law (Law No.
1/PNPS/1965): Islam, Protestantism, Catholicism, Hinduism, Buddhism and
Confucianism. Ironically, these are all imported religions, while the ancient
indigenous ones that existed centuries before the republic are officially not
religions at all, just “beliefs” (kepercayaan), with little or no state
protection.
This creates a practical problem when followers of “beliefs” come to fill in the
“religion” section of the KTP (national identity card). The first option is to put
in the officially recognized religion that most closely resembles their own.
Tenri Bibi for example, was told to write “Hindu” because her Tolotang
religion has some aspects similar to Hinduism — but that might then make
her vulnerable to accusations of being a “deviant” (sesat) Hindu.
The other option is to leave the religion form blank, but that implies the KTP
holder has no religion — and that’s a big no-no in this country, which recently
jailed a blogger simply for saying he was an atheist. Talk about a no-win
situation! In frustration, Dian, Dewi and Tenri have suggested removing
religion entirely from the KTP altogether. Fat chance …
It’s highly ironic that the Public Dialogue on Indigenous Religions was held at
the Constitutional Court (MK). After all, this court has repeatedly relied on
the sort of principles in article 28J to allow state authorities to legislate in
ways that limit people’s freedom to follow their own beliefs.
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The applicants argued that the Blasphemy Law contravenes the rights
guaranteed in articles 29, 28E and 28I (1) of the Constitution and should be
struck down. But in a majority decision (8:1) in April 2010, the MK refused the
application. By so doing, it confirmed the state’s legal power to discriminate
against religious minorities more or less as it sees fit.
And, whether intentionally or not, the decision also encouraged the hardliner
groups that persecute these minorities. Even faiths that fall within the six
state-sanctioned religions are not exempt from these bullies, as recent
attacks on Christian places of worship show … and I won’t even start on the
persecution of Ahmadiyah.
If it’s any consolation, a study by the Pew Forum on Religion and Public Life
released in September found that Indonesia is not alone — it seems the whole
world is facing a rising tide of religious restriction. John Pinna, director of
government relations for the American Islamic Congress said, “As countries,
particularly developing nations, search for stability, religious persecution is a
tool for consolidation of authority”. And this happens even in countries like
Switzerland and the US that supposedly have a high degree of religious
freedom.
Yes, George Michael’s song says “you gotta have faith”. So how come it
opens with several seconds of ominous sounding funeral-like music? Hmmm,
curiously contradictory — just like the laws “guaranteeing” religious freedom
in Indonesia.
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http://www.thejakartapost.com/news/2012/12/27/view-point-you-gotta-
have-faith.html