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harmony tended to be structural and   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.



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