The
threat from the Blasphemy Law
Ayu Mellisa ; A researcher at the Center for the Study of
Religion and Democracy (PUSAD) with the Paramadina University, Jakarta
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JAKATA
POST, 05 Desember 2014
The 1965
Blasphemy Law is a tough challenge to human rights. Contrary to the
protection of the right to worship, it raises the risk of human-rights
violations. Not only can it be used to criminalize someone, the law is also
easily manipulated by various actors.
The
American NGO Freedom House reported in 2010 that there were at least four
main actors who abused the Blasphemy Law namely the state, individuals,
religious extremists and religious institutions.
The
government can use the law to silence political opposition and dissidents,
while individuals can manipulate the use of blasphemy charges to settle petty
disputes within their community.
Religious
extremists can use the law to justify attacks on religious minorities and increase
the environment of intolerance and discrimination.
Religious
institutions can take advantage of the law to impose a state interpretation
of religious doctrine and label minority groups or sects as deviant or
heretical.
Under
Article 156 of the Penal Code, someone can be criminalized and even
imprisoned for five years because of their expression of a religious belief.
Criminalization
under the Blasphemy Law increased in the era of president Susilo Bambang
Yudho-yono. According to Amnesty International in 2013, at least 106
individuals were prosecuted and punished under the Blasphemy Law. Most were
from minority religious groups or those deemed as deviating from the six
official religions.
Such
criminalization not only violates the freedom of religion and belief but also
the freedom of expression and thought and freedom from discrimination.
In the
case of Tajul Muluk, a Shiite cleric from Sampang, East Java, he was
convicted of being deviant and causing disharmony among Muslims, and was
sentenced to four years’ imprisonment.
Hundreds
of people attacked the Shia community in Sampang, Ma-dura. The Sampang Ulema
Council also issued a fatwa that Tajul’s teachings were deviant.
The
impact of these actions not only affected Tajul but also the whole community.
The Shiites were forcibly evacuated and until now there has been no clear
guarantee of protection as to when they will return.
The
Blasphemy Law is an issue that must be resolved by Joko “Jokowi” Widodo’s
government. At the very least it should be addressed in the bill on
protection of religious minorities, proposed by Religious Affairs Minister
Lukman Hakim Saifuddin.
It has
to be consistent with international human rights law concerning freedom of
religion and belief, freedom of expression and thought, and freedom from
discrimination.
The
government has to be firm in distinguishing between state law and religious
teachings interpreted as law. It is important to avoid the dominance of
particular religious groups and granting justification for certain groups to
commit violence against others.
The
government must effectively address the problems of religion in Indonesia and
prevent misuse of the Blasphemy Law.
There
must be judges and prosecutors with comprehensive understanding of human
rights in relation to the Blasphemy Law.
Meanwhile
the police, in accordance with the recommendation by the Center for the Study
of Religion and Democracy (PUSAD) of the Paramadina Foundation, when policing
religious conflicts must not only be equipped with the knowledge of human
rights but also should build networks and support local communities or
individuals in trouble.
Meanwhile,
there must be continuous interfaith dialogue to avoid misunderstandings and
improve the atmosphere of tolerance.
The
government should encourage the better performance of the Interfaith
Communication Forum (FKUB), which is strong enough to manage inter- and
intra-religious dialogue.
At the
international level, the government should be more assertive in opposing
outright the blasphemy resolution proposed by the Organization of Islamic
Conference (OIC). The OIC submitted the resolution to the UN in 2010 and it
was rejected.
Yudhoyono
was negligent when he supported the resolution in the UN General Assembly in
September 2012. Therefore, Jokowi should be firm and reject the issue of
blasphemy at the international level.
Fixing
the Blasphemy Law will not be an easy task, of course there will be
resistance from various
parties.
We need to support and criticize the government in its handling of
religious matters in Indonesia, while continuing to create a tolerant
environment. We need to defend all victims of blasphemy — while God needs no
defense. ●
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