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harmony tended to be structural and
416 Indonesian Islamic Culture in Historical Perspectives
fatwa and the Joint Decree (SKB) of government policies, it is important to (Ministry of Religious Affairs) and the
politically oriented. 20 the Minister of Religious Affairs, the underline that the final part of Law no. 1 MUI but they had gone too far in their
Minister of the Interior and the Attorney PNPS 1965 ---the main point of reference efforts to bring Indonesia back to Islamic
So far, the FKUB has been unable to
detect, dampen, or find solutions for General which ordered the cessation of for government policies related to religious orthodoxy. Because of this, some circles
disrupting unrest or sectarian conflicts the activities of the Ahmadiyah group harmony and for the Joint Decree--- were of the opinion that,as it is the
to expand its unwanted influences
with religious backgrounds. The violence states “warn and instruct citizens in basis for policies on religious harmony,
radical Islamic groups perpetrate (2008). In their actions against potential general to preserve and maintain religious the PNPS law should be considered
against minority communities such as violations of the rules, they claimed to harmony and peace as well as the order problematic andin violation of the
the Jamaat Ahmadiyah Indonesia (JAI) have preceded the legal authorities. That of social life by not committing actions 1945 Constitution and the Universal
security forces sometimes did not take
in West Java, Lombok and Banten, the any anticipatory action and preferred against the law against followers and Declaration of Human Rights (UDHR),
Shiites in Madura, and other conflicts and to keep silent, despite knowing of the members of the JAI board.” However, as well as detrimental to religious
violent actions instigated by disputesover vandalism and physical violence against minority groups. Therefore, in 2009,
the establishment of houses of worship violence would only made the matters religious minorities persists. The problem seven NGOs and some individuals
worse.
22
such as in Bogor, Bekasi, and many increasingly worsened when the MUI applied for a judicial review of the PNPS
other areas are proof that the FKBU does Various pro-democracy groups and and the Ministry of Religious Affairs law to the Constitutional Court (MK).
not function well in those regions. 21 pro-human rights NGOs, intellectuals, blamed the JAI itself for having become The MK then invited a debate among
religious figures, and lawyers pointed out the victims of these crimes. According to community organizations, religious
In some cases, it is unfair to blame or that the Joint Decree on the Ahmadiyah, a report written by Bagir and others on leaders, and Muslims and human rights
discredit only the FKUB. As a matter and thus the Ministry of Religious Affairs, the basis of the PNPS law and the SKB, activists. Unfortunately, after the trial and
of fact, in the Ahmadiyah case it was had been interfering in the internal and Minister of Religious Affairs Suryadharma hearing the opinion of experts held from
clear that the perpetrators of violence, external affairs of a religious community. Ali declared that he could not allow the February 4 to 24 March 2010 the attempt
arsonists, and murderers justified In fact, the Ministry of Religious Affairs Ahmadiyah case to drag on because it to a judicial review failed, because the
their actions based on the 2005 MUI explained clearly that its concern with would be tantamount to continuing the Constitutional Court overruled it. 25
20. Thalchah Hasan 1999, “Reaktualisasi religious harmony was limited only to problem. According to him, disbanding
24
Pembinaan Kerukunan Umat Beragama”, The Constitutional Court had three
unpublished article. external affairs and did not include the Ahmadiyah was indeed risky, but to options: first, to declare the law
21. See the 2011 annual reports of the Wahid religious communities’internal affairs. 23 condone it would be an equally great risk. constitutional and therefore it is
Institute, Lampu merah kebebasan beragama, In August 2010 the Minister of Religious
(Jakarta: Wahid Institute Annual Report 2011); With regard to the rising problem of 25. See Mudzhar 2010, “Pengaturan Kebebasan
see also Zainal Abidin Bagir et.al. 2011, Laporan violence and vigilantism caused by Affairs insisted that the government Beragama dan Penodaan Agama di Indonesia
Tahunan Kehidupan Beragama di Indonesia 2010, should dissolve JAI. dan Berbagai Negara”, a paper on the study of
(Yogyakarta: CRCS UGM); Rizal Panggabean 22. Panggabean and Ali-Fauzi 2014, Pemolisian the Constitution Council decreeno. 140 dated
and Ihsan Ali-Fauzi 2014, Pemolisian Konflik Konflik. The violence on the basis of the law thus April 19, 2010 on the judicial review of the law
Keagamaan di Indonesia, (Jakarta: PUSAD 23. See Mudzhar 2013, “Lingkungan dan Peran got a fresh breeze from the government no.1/PNPS/1965, the Ministry of Law and Human
Paramadina, MPRK UGM and The Asia Strategis FKUB” and also Taher 1997, Aspiring for Rights. See also Bagir etal. 2011, Laporan
Foundation). the Middle Path. 24. Bagir et.al. 2011, Laporan Tahunan, p. 47. Tahunan.
Indonesian Islamic Culture in Historical Perspectives 417