Shifting Conceptions of State Regulation of Religion: The Indonesian Draft Law on Inter-Religious Harmony

25(2) Global Change, Peace and Security 1-18

Posted: 31 Jan 2013

See all articles by Melissa Crouch

Melissa Crouch

University of New South Wales (UNSW) - Faculty of Law

Date Written: January 30, 2013

Abstract

This article seeks to understand how and why states regulate the activities or affairs of religious communities. It does so through a case study of the Indonesian Draft Law on Inter-religious Harmony. The article draws out three general considerations to the study of the dynamics of state regulation of religious affairs: situating modern state approaches to the regulation of religion in historical context; recognizing the framework within which state and religion is structured; and acknowledging the influence of legal norms other than state law. The Indonesian Draft Law on Inter-religious Harmony addresses key debates between Muslims and Christians and within Islam, and it draws upon existing policies of the Ministry of Religion and also of the fatwa of the Indonesian Ulama Council. The shift in state attempts to regulate religion is therefore related to the dynamic and contested nature of the relationship between the branches of government and religious authorities in democratic Indonesia.

Keywords: law, Islam, religion, Indonesia

Suggested Citation

Crouch, Melissa Amy, Shifting Conceptions of State Regulation of Religion: The Indonesian Draft Law on Inter-Religious Harmony (January 30, 2013). 25(2) Global Change, Peace and Security 1-18. Available at SSRN: https://ssrn.com/abstract=2209549

Melissa Amy Crouch (Contact Author)

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052
Australia

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