Indonesian Muslims - Religious Freedom

Religious Freedom

The Indonesian Constitution provides "all persons the right to worship according to their own religion or belief" and states that "the nation is based upon belief in one supreme God." The Government generally respects these provisions; however, some restrictions exist on certain types of religious activity and on unrecognized religions.

The Ministry of Religious Affairs extends official status to six faiths: Islam, Catholicism, Protestantism, Buddhism, Hinduism, and Confucianism. Religious organizations other than the six recognized faiths can register with the Government, but only with the Ministry for Culture and Tourism and only as social organizations. This restricts certain religious activities. Unregistered religious groups cannot rent venues to hold services and must find alternative means to practice their faiths.

Although it has an overwhelming Muslim majority, the country is not an Islamic state. Over the past 50 years, many Islamic groups sporadically have sought to establish an Islamic state, but the country's mainstream Muslim community, including influential social organizations such as Muhammadiyah and NU, reject the idea. Proponents of an Islamic state argued unsuccessfully in 1945 and throughout the parliamentary democracy period of the 1950s for the inclusion of language (the "Jakarta Charter") in the Constitution's preamble making it obligatory for Muslims to follow Shari'a. During the Suharto regime, the Government prohibited all advocacy of an Islamic state. With the loosening of restrictions on freedom of speech and religion that followed the fall of Suharto in 1998, proponents of the "Jakarta Charter" resumed advocacy efforts. This proved the case prior to the 2002 Annual Session of the People's Consultative Assembly (MPR), a body that has the power to change the Constitution. The nationalist political parties, regional representatives elected by provincial legislatures, and appointed police, military, and functional representatives, who together held a majority of seats in the MPR, rejected proposals to amend the Constitution to include Shari'a, and the measure never came to a formal vote. The MPR approved changes to the Constitution that mandated that the Government increase "faith and piety" in education. This decision, seen as a compromise to satisfy Islamist parties, set the scene for a controversial education bill signed into law in July 2003.

Shari'a generated debate and concern during 2004, and many of the issues raised touched on religious freedom. Aceh remained the only part of the country where the central Government specifically authorized Shari'a. Law 18/2001 granted Aceh special autonomy and included authority for Aceh to establish a system of Shari'a as an adjunct to, not a replacement for, national civil and criminal law. Before it could take effect, the law required the provincial legislature to approve local regulations ("qanun") incorporating Shari'a precepts into the legal code. Law 18/2001 states that the Shari'a courts would be "free from outside influence by any side." Article 25(3) states that the authority of the court will only apply to Muslims. Article 26(2) names the national Supreme Court as the court of appeal for Aceh's Shari'a courts.

Aceh is the only province that has Shari'a courts. Religious leaders responsible for drafting and implementing the Shari'a regulations stated that they had no plans to apply criminal sanctions for violations of Shari'a. Islamic law in Aceh, they said, would not provide for strict enforcement of fiqh or hudud, but rather would codify traditional Acehnese Islamic practice and values such as discipline, honesty, and proper behavior. They claimed enforcement would not depend on the police but rather on public education and societal consensus.

Because Muslims make up the overwhelming majority of Aceh's population, the public largely accepted Shari'a, which in most cases merely regularized common social practices. For example, a majority of women in Aceh already covered their heads in public. Provincial and district governments established Shari'a bureaus to handle public education about the new system, and local Islamic leaders, especially in North Aceh and Pidie, called for greater government promotion of Shari'a as a way to address mounting social ills. The imposition of martial law in Aceh in May 2003 had little impact on the implementation of Shari'a. The Martial Law Administration actively promoted Shari'a as a positive step toward social reconstruction and reconciliation. Some human rights and women's rights activists complained that implementation of Shari'a focused on superficial issues, such as proper Islamic dress, while ignoring deep-seated moral and social problems, such as corruption.

There were no reports of forced religious conversion. This coincided with a continuing de-escalation of violence in the country's main areas of interreligious conflict: the eastern provinces of Maluku, North Maluku, and Central Sulawesi.

Some Muslim, Christian, Hindu, and Buddhist holy days are national holidays. Muslim holy days celebrated include the Isra and Mi'raj, Idul Fitr, Idul Adha, the Islamic New Year, and the Prophet's Birthday. National Christian holy days are Christmas Day, Good Friday, Pentecost, Easter and the Ascension of Christ. Three other national holidays are the Hindu holiday Nyepi, the Buddhist holiday Waisak, and Chinese New Year, celebrated by Confucians and other Chinese. On Bali all Hindu holy days are regional holidays, and public servants and others did not work on Saraswati Day, Galungan, and Kuningan.

The Government has a monopoly on organizing the hajj pilgrimage to Mecca, and in February, following the latest hajj, the Department of Religious Affairs drew sharp criticism for mismanaging the registration of approximately 30,000 prospective pilgrims after they had paid the required fees. The Government unilaterally expanded the country's quota of 205,000 pilgrims, claiming it had informal approval from the Saudi Government, an assertion that proved incorrect. Members of the House of Representatives have sponsored a bill to set up an independent institution, thus ending the department's monopoly.