The Position of Religious Minorities in Indonesia’s Democratic Transition: A Study toward Critical Overview
Keywords:
Indonesia, religious minorities, democratic transition, Justice
Abstract
The problems of democratic transition as a context of this study will be analyzed. Also, violence and political exclusion of the religious minority groups will be explained. At the end of the chapter, the possibility of political will and legal solutions for violence against religious minority groups in Indonesia in the post-1998 era are discussed. It is explained that a comprehensive legal protection scheme would be needed to realize the rights of religious minorities in Indonesia. One of the fundamental purposes of democratization in the post-authoritarian era is thus shown to be the protection of religious minority groups. The chapter will first discuss the problem of democratic changes with a focus on the politics of decentralization and the critical practice of civil democracy, which will all be explored, the two significant changes affecting the position of religious minorities in Indonesia. The chapter will then consider the exclusion of religious minorities and the failure of the ‘democratic’ state to protect their basic citizenship rights. Next, the role of the state and of civil society in the implementation of non-respect of legal protection for religious minority communities will be considered based on the critical overview.
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References
[1] International Crisis Group reported restriction of the Amhadiyya in Indonesia as citizens in participating in the political arena. Data source: http://www.seasite.niu.edu/indonesian/islam/Indonesia-Violence%20and%20Radical%20Muslims.pdf.
[2] Magdalena Sepulveda et.al.2004. Human Rights: Reference Handbook. Costa Rica: University for Peace, pp. 197-203. Also see, Mark Lattimer, Director of Minority Rights Group International, said that religious minority groups in some areas suffer brutal attacks, detentions and torture horribly from time to time (ReligiousLiberty.TV, 16/10/2010). Religious intolerance is the new racism in the world.
[3] There is a similar situation between Indonesia and Bangladesh in transition time. See, iDRC (Internal Displacement Monitoring Centre) and NRC (Norwegian Refugee Council) (2009). Bangladesh:Indigenous People and Religious Minorities Still Affected by Displacement. Data source: http://www.internaldisplacement.org/8025708F004BE3B1/(httpInfoFiles)/5E9692B6E4E0A918C12575F5004F95C3/$file/Bangladesh_Overview_Jul09.pdf The report was downloaded on 17th May 2013.
[4] Arriving at the State position, outside the view of the stakeholders of power in Indonesia, Donna Guest, Amnesty International Deputy Director for Asia Pacific, has a different view (Amnesty International, 7/2/2011).
[5] Tajima, Y. (2013). “The Institutional Basis of Intercommunal Order: Evidence from Indonesia’s Democratic Transition.†American Journal of Political Science 57(1): 104-119. Source: http://onlinelibrary.wiley.com/doi/10.1111/j.1540-5907.2012.00631.x/pdf
[6] Hall A. John Consolidations of Democracy in David Held (1993) Prospect for Democracy: North, South, East, West, London: Polity Press, Pp. 271-273.
[7] Davidson, James S., “Dilemmas of Democratic Consolidation in Indonesia†in The Pacific Review, Vol. 22 No. 3, July 2009: 293-310
[8] Indonesia has held four public elections after the Suharto regime in 1999, 2004, 2009 and 2014 with the third and fourth election referring direct presidential elections. The political progress shows the growing opportunity for direct participation of the people in Indonesia. Data source: http://www.kpu.go.id/index.php?option=com_content&task=view&id=43&Itemid=66 the report was downloaded on 10th May 2013.
[9] Cornwall, Andrea & Vera Schattan Coelho (2007). Spaces for Change?: The Politics of Citizen Participation in New Democracy Arenas, New York – London: Zed Books Ltd.
[10] Lussier, D. N. and M. S. Fish (2012). “Indonesia: The Benefits of Civic Engagement.†Journal of Democracy 23(1): 70-84. Source: http://muse.jhu.edu/journals/jod/summary/v023/23.1.lussier.html. It was downloaded on 25, October 2013.
[11] Freeman, Amy Freeman & Robert Tiburzi (2012), “Progress and Caution: Indonesia’s Democracy†in Asian Affairs: An American Review, 39:3, 131-156.
[12] Horowitz, L. Donald (2013), Constitutional Change and Democracy in Indonesia, New York: Cambridge University Press.
[13] Preuss, U. K. (2012). “2 Constitutionalism in fragmented societies.†Critical Theory and Democracy: Civil society, dictatorship, and constitutionalism in Andrew Arato’s democratic theory: 41.
[14] Mietzner, M. (2012). “Indonesia’s democratic stagnation: anti-reformist elites and resilient civil society.†Democratization 19(2): 209-229. Source: http://www.tandfonline.com/doi/pdf/10.1080/13510347.2011.572620.
[15] Newman, Nicholas “Indonesia: Telling Lies†Data source: http://www.worldpolicy.org/journal/winter2011/indonesia-telling-lies. This report was downloaded on 25th May 2013.
[16] Blair, T. (2012). “Protecting Religious Freedom Should Be A Priority for All Democracies.†The Review of Faith & International Affairs 10(3): 5-9. Source: http://www.tandfonline.com/doi/pdf/10.1080/15570274.2012.706017.
[17] Some members of the Ahmadiyyah Groups in Cikeusik, West Java, Indonesia were killed in 2011, www.amnesty.org Downloaded 3th April 2013.
[18] Human Rights Watch, In Religion´s Name: Abuses against Religious Minorities in Indonesia, February 2013. Source: www.hrw.org. The report was downloaded on 16th March 2013.
[19] Malik, Iftikhar H. Malik (2002), Religious Minorities in Pakistan, Minority Rights Group International (MRGI). http://southas2.w06.wh-2.com/Media/NewsDoc/_1787.Pdf
[20] Bagir, Zainal, Analyses of Indonesia´s Ahmadiyah Case, Documents, Center for Religious and Cross-Cultural Studies UGM. Source: http://crcs.ugm.ac.id/get/NUDe8. The report was downloaded on 24, October 2013.
[21] Lerner, H. (2013). “Permissive Constitutions, Democracy, and Religious Freedom in India, Indonesia, Israel, and Turkey.†World Politics 65(04): 609-655. Source: http://portal.idc.ac.il/He/schools/Government/Research/Documents/Lerner.pdf
[22] Kamens H. David New Citizens – New Models of Democracy: Theorizing the Disconect Beetween Citizens and States (Chapter 3) in Rhiannon Morgan and Bryan S. Turner (2009) Interpreting Human Rights: Social Sciences Perspectives, New York: Routledge.
[23] Located in Southeast Asia with a population of about 240 million people. Indonesia is known as the country with the largest Islamic population in around the world with 220 million people. Indonesia has approximately 17 thousand islands with diverse social, ethnic, cultural dimensions in the Center for Religious and Cross-Cultural Studies (CRCS), Annual Report on Religious Life in Indonesia, Graduate School Gadjah Mada University, Jogyakarta, Indonesia, 2009. This report was downloaded at 29/01/2013, 17:28:32
[24] Hertzke, D. Allen (2013), The Future of Religious Freedom: Global Challenges, Oxford: Oxford University Press.
[25] Kaltwasser, C. R. (2013). “The Responses of Populism to Dahl’s Democratic Dilemmas.†Political Studies. Source: http://onlinelibrary.wiley.com/doi/10.1111/1467-9248.12038/pdf (23 oct)
[26] Sharpe, R. J. (2013). “The Foundation for Law, Justice and Society.†Source: http://www.fljs.org/sites/www.fljs.org/files/publications/Sharpe.pdf
[27] Sharma, A. (2012). Introduction. Problematizing Religious Freedom, Springer: 3-15.
[28] International Covenant on the Elimination of Racial Discrimination (CERD) was ratified on July 25, 1999. National Instruments is the Law. 29 of 1999; International Covenant on Civil and Political Rights Supervisory Board: Human Rights Committee (CCPR), which was ratified on 23-May-2006 National Instruments: Law Number. 12 of 2005.
[29] The Law Number 39 of 1999 on Human Rights Law Number 26 of 2000 on Human Rights Court. Both of these laws were made by the Council of Representatives after the reform. Two laws are part of the significant progress of legal reform in Indonesia.
[30] Lars Binderup, Liberty Equality – From Minority Rights to the limits of Tolerance, Res Cogitans, No. 4, Vol. 2, 2007.http://static.sdu.dk/mediafiles/Files/Om_SDU/Institutter/Ifpr/rescogitans/vol41/RRR%20%20%20Binderup.pdf Accessed, March, 6, 2014.
[31] Crouch, Melissa A., (2012) “Law and Religion in Indonesia: The Constitutional Court and the Blasphemy Law,†Asian Journal of Comparative Law: Vol. 7: ISS. 1
[32] Khan, Irene.2009. ‘Claiming Rights: Legal Empowerment to End Poverty “in The Unheard Truth: Poverty and Human Rights, New York, Norton, pp. 201-221.
[2] Magdalena Sepulveda et.al.2004. Human Rights: Reference Handbook. Costa Rica: University for Peace, pp. 197-203. Also see, Mark Lattimer, Director of Minority Rights Group International, said that religious minority groups in some areas suffer brutal attacks, detentions and torture horribly from time to time (ReligiousLiberty.TV, 16/10/2010). Religious intolerance is the new racism in the world.
[3] There is a similar situation between Indonesia and Bangladesh in transition time. See, iDRC (Internal Displacement Monitoring Centre) and NRC (Norwegian Refugee Council) (2009). Bangladesh:Indigenous People and Religious Minorities Still Affected by Displacement. Data source: http://www.internaldisplacement.org/8025708F004BE3B1/(httpInfoFiles)/5E9692B6E4E0A918C12575F5004F95C3/$file/Bangladesh_Overview_Jul09.pdf The report was downloaded on 17th May 2013.
[4] Arriving at the State position, outside the view of the stakeholders of power in Indonesia, Donna Guest, Amnesty International Deputy Director for Asia Pacific, has a different view (Amnesty International, 7/2/2011).
[5] Tajima, Y. (2013). “The Institutional Basis of Intercommunal Order: Evidence from Indonesia’s Democratic Transition.†American Journal of Political Science 57(1): 104-119. Source: http://onlinelibrary.wiley.com/doi/10.1111/j.1540-5907.2012.00631.x/pdf
[6] Hall A. John Consolidations of Democracy in David Held (1993) Prospect for Democracy: North, South, East, West, London: Polity Press, Pp. 271-273.
[7] Davidson, James S., “Dilemmas of Democratic Consolidation in Indonesia†in The Pacific Review, Vol. 22 No. 3, July 2009: 293-310
[8] Indonesia has held four public elections after the Suharto regime in 1999, 2004, 2009 and 2014 with the third and fourth election referring direct presidential elections. The political progress shows the growing opportunity for direct participation of the people in Indonesia. Data source: http://www.kpu.go.id/index.php?option=com_content&task=view&id=43&Itemid=66 the report was downloaded on 10th May 2013.
[9] Cornwall, Andrea & Vera Schattan Coelho (2007). Spaces for Change?: The Politics of Citizen Participation in New Democracy Arenas, New York – London: Zed Books Ltd.
[10] Lussier, D. N. and M. S. Fish (2012). “Indonesia: The Benefits of Civic Engagement.†Journal of Democracy 23(1): 70-84. Source: http://muse.jhu.edu/journals/jod/summary/v023/23.1.lussier.html. It was downloaded on 25, October 2013.
[11] Freeman, Amy Freeman & Robert Tiburzi (2012), “Progress and Caution: Indonesia’s Democracy†in Asian Affairs: An American Review, 39:3, 131-156.
[12] Horowitz, L. Donald (2013), Constitutional Change and Democracy in Indonesia, New York: Cambridge University Press.
[13] Preuss, U. K. (2012). “2 Constitutionalism in fragmented societies.†Critical Theory and Democracy: Civil society, dictatorship, and constitutionalism in Andrew Arato’s democratic theory: 41.
[14] Mietzner, M. (2012). “Indonesia’s democratic stagnation: anti-reformist elites and resilient civil society.†Democratization 19(2): 209-229. Source: http://www.tandfonline.com/doi/pdf/10.1080/13510347.2011.572620.
[15] Newman, Nicholas “Indonesia: Telling Lies†Data source: http://www.worldpolicy.org/journal/winter2011/indonesia-telling-lies. This report was downloaded on 25th May 2013.
[16] Blair, T. (2012). “Protecting Religious Freedom Should Be A Priority for All Democracies.†The Review of Faith & International Affairs 10(3): 5-9. Source: http://www.tandfonline.com/doi/pdf/10.1080/15570274.2012.706017.
[17] Some members of the Ahmadiyyah Groups in Cikeusik, West Java, Indonesia were killed in 2011, www.amnesty.org Downloaded 3th April 2013.
[18] Human Rights Watch, In Religion´s Name: Abuses against Religious Minorities in Indonesia, February 2013. Source: www.hrw.org. The report was downloaded on 16th March 2013.
[19] Malik, Iftikhar H. Malik (2002), Religious Minorities in Pakistan, Minority Rights Group International (MRGI). http://southas2.w06.wh-2.com/Media/NewsDoc/_1787.Pdf
[20] Bagir, Zainal, Analyses of Indonesia´s Ahmadiyah Case, Documents, Center for Religious and Cross-Cultural Studies UGM. Source: http://crcs.ugm.ac.id/get/NUDe8. The report was downloaded on 24, October 2013.
[21] Lerner, H. (2013). “Permissive Constitutions, Democracy, and Religious Freedom in India, Indonesia, Israel, and Turkey.†World Politics 65(04): 609-655. Source: http://portal.idc.ac.il/He/schools/Government/Research/Documents/Lerner.pdf
[22] Kamens H. David New Citizens – New Models of Democracy: Theorizing the Disconect Beetween Citizens and States (Chapter 3) in Rhiannon Morgan and Bryan S. Turner (2009) Interpreting Human Rights: Social Sciences Perspectives, New York: Routledge.
[23] Located in Southeast Asia with a population of about 240 million people. Indonesia is known as the country with the largest Islamic population in around the world with 220 million people. Indonesia has approximately 17 thousand islands with diverse social, ethnic, cultural dimensions in the Center for Religious and Cross-Cultural Studies (CRCS), Annual Report on Religious Life in Indonesia, Graduate School Gadjah Mada University, Jogyakarta, Indonesia, 2009. This report was downloaded at 29/01/2013, 17:28:32
[24] Hertzke, D. Allen (2013), The Future of Religious Freedom: Global Challenges, Oxford: Oxford University Press.
[25] Kaltwasser, C. R. (2013). “The Responses of Populism to Dahl’s Democratic Dilemmas.†Political Studies. Source: http://onlinelibrary.wiley.com/doi/10.1111/1467-9248.12038/pdf (23 oct)
[26] Sharpe, R. J. (2013). “The Foundation for Law, Justice and Society.†Source: http://www.fljs.org/sites/www.fljs.org/files/publications/Sharpe.pdf
[27] Sharma, A. (2012). Introduction. Problematizing Religious Freedom, Springer: 3-15.
[28] International Covenant on the Elimination of Racial Discrimination (CERD) was ratified on July 25, 1999. National Instruments is the Law. 29 of 1999; International Covenant on Civil and Political Rights Supervisory Board: Human Rights Committee (CCPR), which was ratified on 23-May-2006 National Instruments: Law Number. 12 of 2005.
[29] The Law Number 39 of 1999 on Human Rights Law Number 26 of 2000 on Human Rights Court. Both of these laws were made by the Council of Representatives after the reform. Two laws are part of the significant progress of legal reform in Indonesia.
[30] Lars Binderup, Liberty Equality – From Minority Rights to the limits of Tolerance, Res Cogitans, No. 4, Vol. 2, 2007.http://static.sdu.dk/mediafiles/Files/Om_SDU/Institutter/Ifpr/rescogitans/vol41/RRR%20%20%20Binderup.pdf Accessed, March, 6, 2014.
[31] Crouch, Melissa A., (2012) “Law and Religion in Indonesia: The Constitutional Court and the Blasphemy Law,†Asian Journal of Comparative Law: Vol. 7: ISS. 1
[32] Khan, Irene.2009. ‘Claiming Rights: Legal Empowerment to End Poverty “in The Unheard Truth: Poverty and Human Rights, New York, Norton, pp. 201-221.
Published
2019-10-19
How to Cite
Regus, M. (2019). The Position of Religious Minorities in Indonesia’s Democratic Transition: A Study toward Critical Overview. International Journal of Interreligious and Intercultural Studies, 2(2), 86-99. https://doi.org/10.32795/ijiis.vol2.iss2.2019.453
Section
Articles
