Blasphemy law in Indonesia

Blasphemy law in Indonesia (Indonesian: Undang-undang Penistaan Agama) is the legislation, presidential decrees, and ministerial directives that prohibit blasphemy in Indonesia.

Indonesia prohibits blasphemy by its Criminal Code. The Code’s Article 156(a) targets those who deliberately, in public, express feelings of hostility, hatred, or contempt against religions with the purpose of preventing others from adhering to any religion, and targets those who disgrace a religion. The penalty for violating Article 156(a) is a maximum of five years imprisonment.

Article 156(a) is the complement to a decree enacted by President Sukarno and implemented by President Soeharto, namely, Presidential Decree No. 1/PNPS/1965 on the Prevention of Blasphemy and Abuse of Religions. Article 1 of the decree prohibits the “deviant interpretation” of religious teachings, and mandates the President to dissolve any organization practicing deviant teachings. Until the end of the 20th century, Indonesian society was tolerant of Islam (88% of the population), Roman Catholicism, Protestantism, Hinduism, Sikhism, Buddhism, Judaism, and animism. The Government was tolerant of persons with no religion, but does not count them in any census.

Article 29 of Indonesia’s Constitution stipulates “the state is based on the belief in the one supreme God.” The Constitution does not dictate which religion’s version of God should be worshipped. In January 2006, the Ministry of Religious Affairs was according official status to six religions: Islam, Catholicism, Protestantism, Buddhism, Hinduism, and Confucianism. On 9 December 2006, the House of Representatives passed a new civil registration bill requiring citizens to identify themselves on government ID cards as a member of one of the six religions.

The Government formed a body of Muslim advisors, the Indonesian Ulema Council (MUI) in 1975, and continues to fund and appoint its members. The MUI is not formally a government body but it is influential. The Government considers the MUI’s fatawa when making decisions or drafting legislation. In July 2005, the MUI issued a fatwa that condemned the sect of Ahmadiyya as a heresy. In June 2008, the Ministry of Religious Affairs and the Home Ministry issued a Joint Ministerial Letter regarding the Ahmadiyya. The letter told authorities to restrict Ahmadiyya activities to private worship, and to prevent the Amadhi Muslims from proselytizing. Provincial governors in West Sumatra, South Sumatra, and West Nusa Tenggara banned all Ahmadiyya activity.

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