ABSTRACT

At key points in contemporary Indonesian history it has been agreed that the Constitution should remain neutral as to religion, notwithstanding the Islamic affi liation of the majority of the population. This chapter will look at the debate around the basis of the state – or dasar negara – and what this demonstrates about thinking on the subject of pluralism. While religion has been, and continues to be, seen as a cornerstone of Indonesian constitutionalism (and accordingly is non-negotiable) the Constitution provides for a pluralist perspective. It recognises religious freedom, and does not identify a special role for Islamic law, despite repeated attempts to make this so. It may be possible to argue that Islam is a constitutional orphan, but it is not forgotten and remains a subject of much attention. It is strongly held to be a valid source of Indonesian law, albeit within certain limits.