A
group of Indonesian NGOs concerned with religious freedom and democracy has
filed a judicial review request at the Constitutional Court, asking the
judges to review articles of the 1965 Blasphemy Law, which they deemed to
discriminate against certain religious groups. The group calls itself the
Advocacy Alliance for Freedom of Religion.
A lawyer for the group, Choirul Anam, told The Jakarta Post that Law
No.1/1965 on Prevention of Religious Abuse and Blasphemy had raised a public
outcry and triggered sectarian conflicts as the law required people to
accept only the five official religions - Islam, Catholic, Protestants,
Buddhism and Hindu. Confucianism was recognized later, thanks to Gus Dur.
The law *considers' those with different faiths to be heretics. This
is discriminatory and against the democratic spirit adopted by the country
today, which should strongly protect the freedom of faith, Anam said:
Our constitution guarantees religious freedom. All religious groups deserve
equal treatment. Therefore, this law, which gives the government the power
to intervene in religious matters, must be annulled.
The alliance asked the panel of judges at the court to review three out
of five articles on the law.
Articles 28 and 29 guarantee the equality of all citizens, including
those with faiths outside the six religions, Anam said: Yet Article 1 on
the law stipulates that no one is allowed to make interpretations deviating
from the official religions' teachings. This is not right.
Interpretations of certain religions are people's rights, Anam said.
The first trial will be held Feb. 4, hearing opinions from
representatives of the government and the House of Representatives.
Update:
Petition Rejected
27th February 2010. Based on
article
from
thejakartaglobe.com
Constitutional Court chief Mahfud MD refused to accept a petition against
annulling a blasphemy law because the petition's organizers — several
Islamic boarding schools and a forum of Muslim leaders from Madura — had
supposedly not followed proper procedures.
They arrived as a delegation, Mahfud said. I received them and
spoke with them. However, such aspirations must be conveyed during court
proceedings, inside a courtroom, and not directly to a judge, he said.
The 1965 Law on the Prevention of Blasphemy and Abuse of Religion is
currently the subject of a judicial review after it was challenged by the
late President Abdurrahman Wahid last year on the grounds it was being
misused to intimidate minority religions.
The review applicants have requested that the court hear testimony from W
Cole Durham Jr, a human rights and religious freedom advocate from Brigham
Young University in the United States, Mahfud said.
He said the petition organizers had argued the law should not be annulled
because matters of religious blasphemy would fail to be legally regulated.
The public would then resort to using their own version of the law
[street justice], which would be chaotic. Actually, this opinion has been
presented in previous hearings, Mahfud said.
The judicial review was filed by several people and organizations,
including Wahid. According to Choirul Anam, a lawyer representing the
applicants, the law is unconstitutional because it only recognizes six
religions: Islam, Protestantism, Catholicism, Hinduism, Buddhism and
Confucianism. The law bans people from publicly espousing other religious
views or following non-mainstream interpretations of one of the
state-sanctioned religions, he said.