Why Now? The Limits of Religious Freedom in Indonesia

• In Event: Growing Religious Intolerance in Indonesia: A Multi-Disciplinary Perspective

Abstract

Since the beginning of the Reformasi Era, Indonesia has been trying to strengthen constitutional and legal framework for religious freedom. Soon after the fall of Suharto, the Law on Human Rights was passed. Freedom of religion and belief was further confirmed during the amendment of the constitution in 2002 by adding article 28E on the protection of religious rights. To make the guarantee of religious freedom stronger, Indonesia has ratified the ICCPR in 2006. Sadly, despite the efforts to solidify the constitutional and legal framework for religious freedom, the number of abuses of religious rights and cases of intolerance towards religious minorities were also increasing.

This paper, therefore, intends to answer the following questions: Why did religious intolerance grow after Indonesia strengthens regulation protecting religious freedom? Why did religious radical minorities able to exert their influence to the government and moderate Muslim majority in treating minorities? What are, if any, the constitutional and legal limits of religious freedom in Indonesia? To answer these questions, this paper, firstly, tries to find several factors that contribute to the growth of intolerance after the reformasi; secondly, it will study Indonesian religiosity and the way conservative and radical groups influence other Muslim groups and government; and thirdly, it will scrutinize constitutional and legal documents to find their shortcomings in protecting religious freedom.

Author

• Ahmad Najib Burhani, Indonesian Institute of Sciences (LIPI)