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to underline that the final part of Law efforts to bring Indonesia back to Islamic state cannot interfere in religious matters. which repealed the prohibitions imposed
no. 1 PNPS 1965 ---the main point orthodoxy. Because of this, some circles The contra-judicial review group argued on Confucians, and subsequently
of reference for government policies were of the opinion that, as it is the that without the PNPS law, religious Presidential Decree no. 19/2002 which
related to religious harmony and for basis for policies on religious harmony, desecration would happen more freely proclaimed Chinese New Year (Imlek)
the Joint Decree--- states “warn and the PNPS law should be considered and that this would cause more serious a National Day, and the Decree of
instruct citizens in general to preserve problematic and in violation of the disharmony between religious groups the Minister of Religious Affairs no.
and maintain religious harmony and 1945 Constitution and the Universal and therefore, Indonesia as a non- 331/2002, which proclaimed Chinese
peace as well as the order of social life Declaration of Human Rights (UDHR), secular state had to protect religions. 26 New Year a National Holiday.
by not committing actions against the law as well as detrimental to religious The Ministry of Religious Affairs ---as
against followers and members of the JAI minority groups. Therefore, in 2009, seen in the case of religious-based Finally, Confucianism was recognized
board.” However, vandalism and physical seven NGOs and some individuals sectarian conflicts---was impressed as one of the official religions in
violence against religious minorities applied for a judicial review of the PNPS not to dampen or to find solutions for Indonesia and its festive day also had
persists. The problem increasingly law to the Constitutional Court (MK). disrupted religious harmony, but rather become a national holiday through the
worsened when the MUI and the Ministry The MK then invited a debate among to back the perpetrators. However, government’s new policy. However, it
of Religious Affairs blamed the JAI itself community organizations, religious some positive achievements should actually did not mean freedom for all
for having become the victims of these leaders, and Muslims and human rights also be noted, especially this ministry’s of its adherents in Indonesia. All the
crimes. According to a report written activists. Unfortunately, after the trial and contributions to efforts to establish and Confucians’ religious and civil rights were
by Bagir and others on the basis of hearing the opinion of experts held from maintain religious harmony. Another finally met after the Minister of Religious
the PNPS law and the SKB, Minister February 4 to 24 March 2010 the attempt positive note is its decision about Affairs sent a letter numbered 12/
of Religious Affairs Suryadharma Ali to a judicial review failed, because the Confucianism. Since the issuance of MA/2006 dated 24 January 2006 to the
declared that he could not allow the Constitutional Court overruled it. 25 the Presidential Instruction no. 14/1967, Minister of the Interior and the Minister
Ahmadiyah case to drag on because it The Constitutional Court had three Confucians experienced limitations in of National Education on the clarification
would be tantamount to continuing the options: first, to declare the law the way the adherents of this religion of the marital status according to
problem. According to him, disbanding constitutional and therefore it is could live their faith. They ranged from Confucianism and religious education for
24
the Ahmadiyah was indeed risky, but needed to be upheld; second, the not being able to state their faith on the adherents of Confucianism. Through
to condone it would be an equally law is constitutional but needs to be their identity cards and problems in the this letter marriages of Confucians were
great risk. In August 2010 the Minister revised; and third, the law considered organization of religious worship, up to declared valid before the registry office,
of Religious Affairs insisted that the unconstitutional and had to be canceled their way of living. As the consequence and religious education for its adherents
government should dissolve JAI. was facilitated by the government. 27
and revoked (Mudzhar 2010). However, of this government policy, for more than
The violence on the basis of the law thus the experts focused on two opposing 30 years, Confucians had to merge into
got a fresh breeze from the government opinions. The pro-judicial review group other religious communities. The good Education, Justice, and the Hajj
(Ministry of Religious Affairs) and the argued that freedom of religion should news for them came with Abdurrahman In addition to religious harmony, the
MUI but they had gone too far in their be implemented and guaranteed as the Wahid’s Presidential Decree no. 6/2000 Ministry of Religious Affairs also has

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