Religious Freedom in Indonesia Before and after Constitutional Amendments

CRITICAL THINKERS FOR ISLAMIC REFORM, Brainbow Press, 2009

19 Pages Posted: 10 Apr 2010 Last revised: 18 Apr 2010

See all articles by Mohamad Mova Al'Afghani

Mohamad Mova Al'Afghani

Center for Regulation, Policy and Governance (CRPG)

Date Written: April 10, 2010

Abstract

The Indonesian Constitution is very unique in terms of its relation between religion and the state. It is stated there that that the state is based "…on the belief in the One and Supreme God" but at the same time, it never explicitly mentioned the name of any established religion in the world. Historical interpretation into the constitutional drafting process and revelation from the founding fathers on their understanding of 'God' and religion reveals that the Constitution is neutral with respect to religions. However, the Constitution does prefer a theistic worldview over the non theist. The consequences for this is that the state may provide financial and other supports to the followers of religions (provide for positive discrimination) but must not interfere with the freedom of followers of any other worldviews in professing their beliefs. Recent amendment to the Constitution reinforces this neutral stance. This would have a significant impact on the constitutionality of blasphemy laws.

Keywords: Indonesia, Religion, Blasphemy, Human Rights, Constitution

Suggested Citation

Mova Al'Afghani, Mohamad, Religious Freedom in Indonesia Before and after Constitutional Amendments (April 10, 2010). CRITICAL THINKERS FOR ISLAMIC REFORM, Brainbow Press, 2009. Available at SSRN: https://ssrn.com/abstract=1587256

Mohamad Mova Al'Afghani (Contact Author)

Center for Regulation, Policy and Governance (CRPG) ( email )

Jalan Sholeh Iskandar KM 1
Bogor, West Java
Indonesia

HOME PAGE: http://www.crpg.info

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