Limitations to Freedom of Religion or Belief in Indonesia: Norms and Practices

Abstract

The landscape of freedom of religion or belief (FoRB) in Indonesia has been shaped by two elements: first, the progressive adoption of human rights in the new laws and amended constitution, as a result of the democratization which started in 1998; second, the old governance of religion which acknowledges limited religious pluralism and emphasizes harmony over freedom. A striking feature resulting from this combination is the addition of “religious values” as a ground of FoRB limitation in the new chapter on human rights in the amended Constitution, which otherwise draws its inspiration from the ICCPR and other international human rights covenants. Indonesian “public order” and “public morals” are understood to consist of, among other things, respect and protection of religious values. While the emphasis on religious values and public order produces most restrictions, when it comes to limitations to FoRB on grounds of public health, the government seems reluctant to impose necessary restrictions.