UNAIR NEWS – Minister of Religious Affairs of Indonesia Yaqut Cholil Qoumas has proclaimed 2022 as a year of tolerance. It is aimed at Indonesia being viewed as a barometer of harmonious life in diversity. This momentum has made the editorial team interview UNAIR Legal Pluralism Expert Joeni Arianto Kurniawan, Ph.D., to reflect on the conditions of freedom of religion and belief in Indonesia.
Joeni said that Indonesia still has fundamental juridical problems that limit respect for freedom of religion and belief. The problem can be found in Article 28J paragraph (2) of the 1945 NRI Constitution, where religious values limit human rights. According to him, the article’s logic is reversed when human rights should overshadow and restrict the expression of one’s religion and beliefs.
“The article opens a room for interpretation by the Constitutional Court to maintain the existence of a draconian law, namely Acts 1 / PNPS / 1965 on Prevention of Abuse and/or Religion Blasphemy. Though the concept of blasphemy with hate speech is different, what’s not allowed is hate speech. However, criticizing beliefs or religion, which is an idea, is part of freedom of expression. “Should an idea not be criticized?” said the Director of CleP to UNAIR NEWS on February 11.
Another example given is the enactment of Islamic sharia laws in Nanggroe Aceh Darussalam Province, especially related to qanun jinayat in the form of whip law. According to him, respect for human rights should not be ruled out to provide specificity of local government.
Joeni also criticized how President Joko Widodo still has not done much in guaranteeing freedom of religion and belief. According to him, Jokowi has the authority to repeal the Blasphemy Law through Government Regulations in-lieu-of Acts (Perppu), or at least soften its norms. He can also give instructions to his ministers to revoke the Joint Regulation of the Establishment of Houses of Worship and the Decree of the Ahmadiyya Jama’at, which is discriminatory against minority groups.
“Jokowi can also give instructions to the Attorney General’s Office and the Police to decriminalize people affected by blasphemy. But, I think it’s a dream that goes too far,” stressed the University of Pisa alumnus.
According to Joeni, populism and opportunistic impulses in political parties are why there is a reluctance to take progressive steps. He explained that political parties accommodate intolerant narratives of Islamic fundamentalism for popularity. Joeni added that it just so happened that the group was in government opposition.
“Government support groups view them as political enemies. Thus, the narratives behind the form of beware of intolerance are based only on political reasons. It ended up labeling such as ‘kadrun’ or ‘taliban,’ which led to the character assassination of political opponents. So, there is no systemic demolition effort to guarantee freedom of religion and belief,” he said.
An intercultural approach is the solution to accommodate freedom of religion and belief in the Indonesian legal system. Joeni said the process goes beyond just recognizing the rights of a religious group and the connection between the different groups.
“Whether we realize it or not, our society still tends to be segregated between religious groups. This is prone to covert animosity, which is the presence of covert hatred of a particular group (usually the majority to the minority). At first, it may seem peaceful, but if there is momentum to manifest hatred, it will manifest hatred,” he mentioned.
Such splicing means that an environment must have a pluralized community composition, such as at work or school. The policies issued must support the realization of pluralism in society. According to him, this is crucial to manifest intercultural dialogue between religious groups.
“We understand first then like someone, right? How can we know each other if there is no intercultural dialogue? Dialogue can only take place in intercultural societies. In my opinion, that should be pioneered immediately in Indonesia,” he concluded.
Author: Pradnya Wicaksana
Editor: Nuri Hermawan
