Despite its overwhelmingly Muslim majority, Indonesia has always been seen as exceptional for its diversity and pluralism. In recent years, however, there has been a rise in "majoritarianism", with resurgent Islamist groups pushing hard to impose conservative values on public life – in many cases with considerable success. This has sparked growing fears for the future of basic human rights, and, in particular, the rights of women and sexual and ethnic minority groups. There have, in fact, been more prosecutions of unorthodox religious groups since the fall of Soeharto in 1998 than there were under the three decades of his authoritarian rule. Some Indonesians even feel that the pluralism they thought was constitutionally guaranteed by the national ideology, the Pancasila, is now under threat. This book contains essays exploring these issues by prominent scholars, lawyers and activists from within Indonesia and beyond, offering detailed accounts of the political and legal implications of rising resurgent Islamism in Indonesia. Examining particular cases of intolerance and violence against minorities, it also provides an account of the responses offered by a weak state that now seems too often unwilling to intervene to protect vulnerable minorities against rising religious intolerance.
Table of Contents
Part I: State Regulation of Religious Freedom 1. State Power to Restrict Religious Freedom: An Overview of the Legal Framework Tim Lindsey and Simon Butt 2. Freedom of Religion under the Constitution Simon Butt 3. Faith and Freedom in Indonesian Law Stewart Fenwick 4. State Regulation of Religious Affairs: The Search for Equality and Social Harmony Melissa Crouch Part II: The Politics of Religious Intolerance 5. Overview of the Politics of Religious Intolerance Greg Fealy 6. Ketuhanan Yang Maha Esa: The Politics of the State-Religion Relationship Ismatu Ropi 7. The Law on Religious Harmony in Public Debate Ahmad Suaedy 8. Can Non-Muslims Lead Muslims? The case of the Jakarta Elections Nadirsyah Hosen Part III: Civil Society, Pluralism and Intolerance 9. The Decreasing Space for Non-Religious Expression Ismail Hasani 10. MUI and Aqida-based Intolerance Syafiq Hasyim 11. Civil Society, Accountability and Legal Control of Government Action Melissa Crouch Part IV: Violence and State Responses 12. Islamist Civil Society and Violent Extremism in Indonesia: A Tactical Merger? Sidney Jones 13. Policing Vigilantism against Religious Minorities Samsu Rizal Panggabean 14. Pink or Blue Swing? Art, Pornography, Islamists and the Law Helen Pausacker Part V: Discrimination and Vulnerable Groups 15. Perda Sharia and Democratisation Arskal Salim 16. Implementing Perda Syariat in Aceh and West Sumatra Dina Afrianty 17. Women in the Islamic Courts Euis Nurlaelawati Conclusion 18. Religious Freedom, Minority Rights and the State of Democracy in Indonesia Adnan Buyung Nasution
Tim Lindsey is Redmond Barry Distinguished Professor, Malcolm Smith Professor of Asian Law and Director of the Centre for Indonesian Law, Islam and Society in the Law School at the University of Melbourne, Australia.
Helen Pausacker is Deputy Director of the Centre for Indonesian Law, Islam and Society and a Principal Research Assistant in the Asian Law Centre at the University of Melbourne, Australia.