Report on Freedom of Religion and Belief in 2011
1. SETARA Institute is a human rights organization concern on promoting human rights condition in Indonesia. One of the human rights element striven for is the rights to freedom of religion/ belief for all citizen. Freedom of religion/belief is one of the constitutional rights, protected by Indonesian Constitution and under the law and regulation in Indonesia. Freedom of religion/belief monitoring report which published regularly since 2007 is one of many ways to enforce the state to comply with the human rights principle. As a human rights, and citizen constitutional rights, guarantee of freedom of religion/belief requires the country to continuosly increase the guarantee of freedom by abolishing all forms of intolerance, discrimination, and violence behalf the name of religion.
2. Background of SETARA Institute monitoring report, is the conditions of freedom of religion/ belief which had yet taken guarantee intact from the state and the practice of intolerance, discrimination, and violence is still continuously happened in Indonesia. Yet the state normatively has committed through article 28E paragraph (1&2) UUD Indonesian Republic, year 1945. The same guarantee also written on UU No. 39/1999 about Human Rights and UU No 12/2005 about the Ratification of International Convenant on Civil and Political Rights.
3. At praxis level, current national database availability which could reflect the freedom of religion/belief situation in Indonesia, as a sociological reference is also one of the actual need to develop regulation and policy to enforce promotion of human rights. This report, will be very relevant as the actual picture of the conditions on freedom of religion/belief in Indonesia.
4. The objective of monitoring report and yearly publication are (1) To document and publish fact of violation and innovation/progress of freedom of religion/belief guarantee in Indonesia; (2) To enforce the state to ensure freedom of religion/belief including to revise variety of law and regulation which limiting freedom of religion/belief and rights of victims to get remedies; (3) To provide baseline database on freedom of religion/belief; and (4) To streghten civil society and public network generally and to extend constituency in order to participate, to enforce the guarantee of freedom of religion/belief.
5. Programatically, at the year of 2011. SETARA Institute has do monitoring at 17 province, which is; Aceh, North Sumatera, West Sumatera, Riau, Lampung, Banten, Jakarta, West Java, Central Java, Yogyakarta, East Java, South Sulawesi, Bali, West Nusa Tenggara, East Nusa Tenggara, East Kalimantan, and West Kalimantan. Nevertheless, conditions of freedom of religion/belief picture in other region, still documented through sources including media, and monitors network. Therefrom, the presented report is still covering others region in Indonesia.
6. Data collected through (1) Monitoring by 17 monitors in region; (2) Focus Group Discussion; (3) Data collected from religion/belief institutions and government institution; and (4) interview with state authorities and local people at 17 relevant province. Beside 4 method of data collecting, SETARA Institute also do monitoring through media for the non monitoring area.
7. Monitoring performed by using human rights parameter, particularly with International Convenant on Civil and Political rights, which ratified by Indonesian Government through UU No. 12/2005. Another parameter which used is Declaration on The Elimination of All Forms of Intolerance and of Discrimination Based On Religion Or Belief, which initiated through the UN General Assembly Resolution No. 36/55 on November 25th 1981.
8. On 2011 SETARA Institute noted 244 event of violation on freedom of religion/belief consist of 299 type of act, which spread on 17 monitoring area, and others area outside the monitoring area. There are 5 province with highest level of violation are, West Java (57) events, South Sulawesi (45) events, East Java (31) events, North Sumatera (24) events, and Banten (12) events. (See Graphic 1,2)
244 Violations Area Distributions
Top 5 Highest Violations Area
9. The highest violation occurred on March, (48) events and February (45) events. The high event in two months above affecting seriously the heinous events the church massacre in Ahmadiyya Cikeusik, Pandeglang Banten and burning church in Temanggung. The two events triggering further destructive event, expanded, with involvement of state actors. (See graphic 3)
Time Distribution of 244 Violations Event
10. From the 299 freedom of religion/belief type of act, there are 105 type of act which involving the state actors. From 105 state actions, 95 actions are active actions (by commission) and the others 10 by omission. Actively state actions included provocative statements by public authorities which triggering the violence (condoning). For the violation involving state as an actors, legal framework to held it become accountable is human rights law, which binding the state as the consequences of ratifying the convenat and international convention of human rights. Nevertheless, positions in the political framework could be done by the parliament through questioning failure of the state to run the mandate from Indonesian Constitution which obligate the guarantee of freedom of religion/belief.
11. State institution which do the most violation are police official (40) actions, TNI (22) actions, Regent/Mayor (18) actions, Governor (10) actions, and Religious Ministry (9) actions. The rest are institutions with a number of measures under action 6. ( See Table 1 and Graphic 5). Violation actions done by the state institution are varied, began with provocative hatred speech/statement, intimidation, until the omission of violations event. Similar with limitation from policy to Ahmadiyah and disallowance license to establish place of prayer.
Number of Act based on Actors
Type of Violation Act by State Actors
12. From 299 type of violations act on freedom of religion/belief, consist of 194 actions done by the citizen. All of actions conduct by citizen are categorized as criminal, which indicted the state obligations to proceed by the law. The most notable actions was intolerance (55) events, (26) event of perversion of religious stream, (25) defacement of religious place, (14) condoning, and (13) actions of intimidation. For the condoning and intolerance category, are yet having legally settlement, ethically could be account into hate speech, that in certain limits can be questioned by the criminal law (See Table 2).
Type of Violation Act by Non State Actor
13. Perpetrators of violation act in this category is citizen as individual or others individual who joined in the community organizations. Sequentially, community who done the most violation; People (80 actions), Islamic Defender Front- FPI (28 actions), Islamic Defender Front-FPI (17 actions), Indonesian Ulama/scholars Council –MUI (28 actions), Political Party (9 actions), Islamic Forum –FUI (5 action). (See Tabel 3)
Non State Actors
14. Violations on freedom of religion/belief in the year of 2011 mostly suffered by Ahmadiyah (144) event, Christian (54) event, and perversion upon minority group (38) event. Moslem (mainstream) also suffering violation generally targeting place of prayers, either in the form of defacement as well as restriction to establish musholla or mosque. The rest violation suffered by other variant of faith minority group.
15. Similar to the previous year, domination of violation event on freedom of religion/belief connected with criminalization on belief or perversion on religious minority streams; the establishment of place of prayers, discrimination that continues to the Ahmadiyah, and the justice system failure to held violence on behalf the name of religion cases.
16. Since 2007,monitoring on freedom of religion/belief conditions, religious political freedom/belief leads to the situation in which the state seems obviously has no power to address the problem of violation on freedom of religion/belief. Moreover the trends increasingly destructive, because the (decision) court institution has been denied instead to be adhered.
Number of Event and Action in Recent 5 Year
17. Susilo Bambang Yudhoyono leadership looked more keen on speech about tolerance then to works hard and measurable to create tolerance by providing guarantee of freedom for all citizen. Without guarantee of freedom, tolerance will be limited as “political words” from a president who doesn’t contribute to promote human rights. During 2011, not less then 19 times, president Susilo Bambang Yudhoyono delivered messege speech about tolerance on several occasion. All the delivered messege seems has no footprint, event to rebuked a mayor who done law disobedience. As a political capital, words about tolerance were soothing. Unfortunately, the 5 years fact findings through monitoring were shown contradictory from all words came up from Indonesian President.
18. In addition, recent event during 2011, “political words” behalf religion/belief also shown through uncompleted works in handling several cases on violation of freedom of religion/belief and its getting worse, repeated, and continuously producing anxiety to the public. Vihara case in Medan, GKI Taman Yasmin case, Salafi case in NTB, Ahmadiyah case in NTB, GKI Purwakarta case in West Java, establishment of mosque in NTT, labeling to the moslem in Bali, Bahai in Lampung, Kaharingan in Kalteng, and else.
19. While Republik Indonesia President, playing with political words, RI religious minister, Suryadharma Ali has to create conducive situation for freedom of religion/belief to bring about harmony as mandatory, unfortunately he prefer to delivered speech and campaigning to protect his political constituent through Ahmadiyah issue as a capital. Suryadharma prefer to delivered comment unconducively beside working to solve several violence and discrimination based on religion/belief. At least there are 85 times of religious minister in several occasion during 2011 which unproductive to the effort on promoting human right.
20. In recent five years, President Susilo Bambang Yudhoyono has failed to handle national regulation and local regulation which actually discriminative for citizen. Indonesian constitution mandated to abolish any discrimination for all citizen was obviously neglected, indicated with abandonment of several discriminative local regulation. Not only failed to abort discriminative regulation, SBY also barely have no ability to suspend the rate of local legislation which discriminized citizen. During 2011, not less than 11 discriminative regulation related with Ahmadiyah published, this even sponshored by Internal Affair Ministry and Religious Ministry. Regulation published on 2011, completing discriminative regulation which published in the previous year.
21. There are no progress that can be noted in the freedom of religion/belief 2011 report. The rest 3 years of Susilo Bambang Yudhoyono leadership actually enough to make innovation which could be not only became legacy for his leadership but also to accelerate the abolishment of discrimination based on religion/belief. Creating bill to abolish discrimination based on religion, to held into account violence perpetrators and discrimination fairly through law, giving wholistic remedies to the victims, are some works that can be done by Indonesia United Cabinet II.
22. Legislation in particular, President Susilo Bambang Yudhoyono leadership could optimize in a mean to initiate discussion process on Handling Social Conflict Bill, Civil Society Organization Bill, Criminal Act of Terorism Bill, harmony of religious congregation bill, ( which included on SETARA institute framework, purposed to proceed the Abolishment of Discrimination Based on Religion Bill). The fourth bill above, each has a wedge that can be used positively to foster and strengthen tolerance, including some handling mechanism upon many aspect which related with the guarantee of freedom of religion/belief.
23. Many freedom of religion/belief report, plus the facts of violation on freedom of religion/belief which occurred in the last five years were rely on one conclusion, that Susilo Bambang Yudhoyono regime has chosen political discrimination way to manage religious life/belief. Manifestation of political discrimination was the birth of political discriminative policies, ignorance of discrimination in practice, and denying that there have been discrimination occurances, including denying the facts human rights violation. In the same time, demonstration of political discrimination in practice also marked with boast that during his leadership (which embraced political discrimination) there are no means human rights violation.
SETARA Institute, December 19th 2011
Hendardi (Chairman SETARA Institute, 08111.70944)
Bonar Tigor Naipospos (Deputy Chairman SETARA Institute,0811.819.174)
Ismail Hasani (Researcher SETARA Institute, 08111.88.4787)