Blasphemy law in Indonesia (Indonesian : Undang-undang Penistaan Agama) is the legislation, presidential decrees, and ministerial directives that prohibit blasphemy in Indonesia.
Blasphemy laws in the country have been adapted from the statutes of the Dutch East Indies, criminalizing those who deviate from the religious tenets of one of Indonesia's six official religions (Islam, Protestantism, Catholicism, Hinduism, Buddhism and Confucianism); from Presidential decrees, and been encouraged in the 21st century by "ascendant Islamic conservatives ... pushing hard-line policies." [1]
As the overwhelming majority of Indonesians (almost 90%) are Muslims, most blasphemy cases and convictions in recent years have been for blasphemy against Islam. Since the early 2000s, Blasphemy prosecutions and convictions have risen in the country, [1] but been criticized (by Amnesty International) for targeting religious minority groups and Islamic dissenters. [2] Among the acts that have led to incarceration include reciting Muslim prayers in the Indonesian language; [3] using "paranormal healing methods" in drug and cancer treatment; [3] complaining about the volume of a mosque loudspeaker issuing call to prayer near the perpetrator's home; [4] eating pork rinds in a social media video; [2] [1] serving free alcohol beverages for customers whose names were Muhammad and Maria. [5]
Blasphemy laws in the country have been adapted from the statutes of the Dutch East Indies, the colony of the Netherlands that became Indonesia. The statutes apply to those who deviate from the religious tenets of one of Indonesia's six official religions: Islam, Protestantism, Catholicism, Hinduism, Buddhism and Confucianism. [1]
Indonesia's Criminal Code prohibits blasphemy. The Code's Article 156(a) targets those who deliberately, in public, express feelings of hostility, hatred, or contempt against religions with the purpose of preventing others from adhering to any religion, and targets those who disgrace a religion. The penalty for violating Article 156(a) is a maximum of five years' imprisonment. [6] [7] The blasphemy law has been "on the statute books since 1965 but was rarely used" before the end of the rule of President Soeharto. [8]
Article 156(a) is the complement to a decree enacted by President Sukarno and implemented by President Soeharto, namely, Presidential Decree No. 1/PNPS/1965 on the Prevention of Blasphemy and Abuse of Religions. Article 1 of the decree prohibits the "deviant interpretation" of religious teachings, and mandates the President to dissolve any organisation practicing deviant teachings. [7] Until the end of the 20th century, Indonesian society was tolerant of Islam (88% of the population), Roman Catholicism, Protestantism, Hinduism, Sikhism, Buddhism, Judaism, and animism. [3] The Government was tolerant of persons with no religion, but does not count them in any census. [3]
Article 29 of Indonesia's Constitution stipulates "the state is based on the belief in the one supreme God." The Constitution does not dictate which religion's version of God should be worshipped. [7] In January 2006, the Ministry of Religious Affairs accorded official status to six religions: Islam, Catholicism, Protestantism, Buddhism, Hinduism and Confucianism. On 9 December 2006, the House of Representatives passed a new civil registration bill requiring citizens to identify themselves on government ID cards as a member of one of the six religions. [3]
The Government formed a body of Muslim advisors, the Indonesian Ulema Council (MUI) in 1975, and continues to fund and appoint its members. The MUI is not formally a government body but it is influential. The Government considers the MUI's fatawa when making decisions or drafting legislation. [3] In July 2005, the MUI issued a fatwa that condemned the sect of Ahmadiyya as a heresy. In June 2008, the Ministry of Religious Affairs and the Home Ministry issued a Joint Ministerial Letter regarding the Ahmadiyya. The letter told authorities to restrict Ahmadiyya activities to private worship, and to prevent Ahmadi Muslims from proselytising. Provincial governors in West Sumatra, South Sumatra, and West Nusa Tenggara banned all Ahmadiyya activity. [6]
Indonesia's laws and policies have produced many instances where members of one religion have persecuted the members of other religions or of other sects. Starting around the year 2000, the Islamic revival has reportedly "nurtured a small but growing number of groups espousing intolerance and extremism under the banner of Islamic orthodoxy." [6] The authorities have not brought to justice many extremists perpetrators of crimes, crimes that are commonly justified by the perpetrators as actions against hatred, heresy, blasphemy, or deviance. [6] [3]
In October 2009, a group of petitioners, including some human rights groups, requested that Indonesia's Constitutional Court review the 1965 Law on Blasphemy. On 19 April 2010, the Court announced its refusal to make the review. "If the Blasphemy Law was scrapped before a new law was enacted ... it was feared that misuses and contempt of religion would occur and trigger conflicts in society," Justice Akil Mochtar said. The Court offered an interpretation of the Law. The interpretation says the state recognises six religions, and "leaves alone" the followers of other religions. [9]
Human rights in Indonesia are defined by the 1945 Constitution and the laws under it; several rights are guaranteed especially as a result of the constitutional amendments following the Reform era. The Ministry of Law and Human Rights deals with human rights issues in the cabinet, and the National Commission on Human Rights, established in Suharto's New Order administration in 1993, is the country's national human rights institution.
Iran is a constitutional, Islamic theocracy. Its official religion is the doctrine of the Twelver Jaafari School. Iran's law against blasphemy derives from Sharia. Blasphemers are usually charged with "spreading corruption on earth", or mofsed-e-filarz, which can also be applied to criminal or political crimes. The law against blasphemy complements laws against criticizing the Islamic regime, insulting Islam, and publishing materials that deviate from Islamic standards.
In Islam, blasphemy is impious utterance or action concerning God, but is broader than in normal English usage, including not only the mocking or vilifying of attributes of Islam but denying any of the fundamental beliefs of the religion. Examples include denying that the Quran was divinely revealed, the Prophethood of one of the Islamic prophets, insulting an angel, or maintaining God had a son.
Lesbian, gay, bisexual, and transgender (LGBT) people in Indonesia face legal challenges and prejudices not experienced by non-LGBT residents. Traditional social norms disapprove of homosexuality and gender transitioning, which impacts public policy. Indonesian same-sex couples and households headed by same-sex couples are not eligible for any of the legal protections available to opposite-sex married couples. Most parts of Indonesia do not have a sodomy law, and the country does not currently prohibit non-commercial, private and consensual sexual activity between members of the same-sex, yet there is no specific Indonesian law that protects the LGBT community against discrimination and hate crimes. In Aceh, homosexuality is illegal under Islamic Sharia law and it is punishable by flogging or imprisonment. Indonesia does not recognize same-sex marriage.
The Ahmadiyya branch of Islam has been subjected to various forms of religious persecution and discrimination since the movement's inception in 1889. The Ahmadiyya Muslim movement emerged within the Sunni tradition of Islam and its adherents believe in all of the five pillars and all of the articles of faith required of Muslims. Ahmadis are considered non-Muslims by many mainstream Muslims since they consider Mirza Ghulam Ahmad, the founder of the movement, to be the promised Mahdi and Messiah awaited by the Muslims.
The Indonesian constitution provides some degree of freedom of religion. The government generally respects religious freedom for the six officially recognized religions and/or folk religion. All religions have equal rights according to the Indonesian laws.
Indonesian Ulema Council is Indonesia's top Islamic scholars' body. MUI was founded in Jakarta on July 26, 1975 during the New Order era. The council comprises many Indonesian Muslim groups including Nahdlatul Ulama (NU), Muhammadiyah, and smaller groups such as LDII, Syarikat Islam, Perti, Al Washliyah, Mathla'ul Anwar, GUPPI, PTDI, DMI, and Al Ittihadiyyah. The Ahlul Bait Indonesia (Shi'ite) and Jemaat Ahmadiyyah Indonesia (Ahmadiyya) were not accepted as members.
A blasphemy law is a law prohibiting blasphemy, which is the act of insulting or showing contempt or lack of reverence to a deity, or sacred objects, or toward something considered sacred or inviolable. According to Pew Research Center, about a quarter of the world's countries and territories (26%) had anti-blasphemy laws or policies as of 2014.
Saudi Arabia's laws are an amalgam of rules from Sharia, royal decrees, royal ordinances, other royal codes and bylaws, fatwas from the Council of Senior Scholars and custom and practice.
Afghanistan uses Sharia as its justification for punishing blasphemy. The punishments are among the harshest in the world. Afghanistan uses its law against blasphemy to persecute religious minorities, apostasy, dissenters, academics, and journalists.
The main blasphemy law in Egypt is Article 98(f) of the Egyptian Penal Code. It penalizes: "whoever exploits and uses the religion in advocating and propagating by talk or in writing, or by any other method, extremist thoughts with the aim of instigating sedition and division or disdaining and contempting any of the heavenly religions or the sects belonging thereto, or prejudicing national unity or social peace."
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Malaysia curbs blasphemy and any insult to religion or to the religious by rigorous control of what people in that country can say or do. Government-funded schools teach young Muslims the principles of Sunni Islam, and instruct young non-Muslims on morals. The government informs the citizenry on proper behavior and attitudes, and ensures that Muslim civil servants take courses in Sunni Islam. The government ensures that the broadcasting and publishing media do not create disharmony or disobedience. If someone blasphemes or otherwise engages in deviant behavior, Malaysia punishes such transgression with Sharia or through legislation such as the Penal Code.
Tajul Muluk is a Shia religious leader of Madura Island, Indonesia. In December 2011, his pesantren was burned down in an arson attack by anti-Shiite protesters. In March 2012, he was charged with blasphemy; the following month he was arrested, leading Amnesty International to designate him a prisoner of conscience.
Alexander Aan is an Indonesian atheist and ex-Muslim of Minang descent. He was imprisoned in 2012 for posting comments and images to Facebook that were judged to be "disseminating information aimed at inciting religious hatred or hostility" by the Muaro Sijunjung district court. The sentence sparked national debate and caused Amnesty International to designate him a prisoner of conscience.
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