ABSTRACT

Despite its overwhelmingly Muslim majority, Indonesia has always been seen as exceptional for its diversity and pluralism. In recent years, however, there has been a rise in "majoritarianism", with resurgent Islamist groups pushing hard to impose conservative values on public life – in many cases with considerable success. This has sparked growing fears for the future of basic human rights, and, in particular, the rights of women and sexual and ethnic minority groups. There have, in fact, been more prosecutions of unorthodox religious groups since the fall of Soeharto in 1998 than there were under the three decades of his authoritarian rule. Some Indonesians even feel that the pluralism they thought was constitutionally guaranteed by the national ideology, the Pancasila, is now under threat. This book contains essays exploring these issues by prominent scholars, lawyers and activists from within Indonesia and beyond, offering detailed accounts of the political and legal implications of rising resurgent Islamism in Indonesia. Examining particular cases of intolerance and violence against minorities, it also provides an account of the responses offered by a weak state that now seems too often unwilling to intervene to protect vulnerable minorities against rising religious intolerance.

chapter |15 pages

Introduction

Religion, Law and Intolerance in Indonesia
ByTim Lindsey, Helen Pausacker

part 1|96 pages

State Regulation of Religious Freedom

chapter 1|23 pages

State Power to Restrict Religious Freedom

An Overview of the Legal Framework
ByTim Lindsey, Simon Butt

chapter 2|26 pages

Between Control and Appeasement

Religion in Five Constitutional Court Decisions
BySimon Butt

chapter 3|27 pages

Faith and Freedom in Indonesian Law

Liberal Pluralism, Religion and the Democratic State
ByStewart Fenwick

chapter 4|18 pages

Legislating Inter-Religious Harmony

Attempts at Reform in Indonesia
ByMelissa Crouch

part 2|82 pages

The Politics of Religious Intolerance

chapter 5|17 pages

The Politics of Religious Intolerance in Indonesia

Mainstream-ism Trumps Extremism?
ByGreg Fealy

chapter 6|26 pages

Ketuhanan Yang Maha Esa, the State and the Politics of Religious (In)Tolerance

Understanding Contemporary Religious Life through Past Debates on the State-Religion Relationship
ByIsmatu Ropi

chapter 8|15 pages

Race and Religion in the 2012 Jakarta Gubernatorial Election

The Case of Jokowi-Ahok
ByNadirsyah Hosen

part 3|60 pages

Civil Society, Pluralism and Intolerance

chapter 9|14 pages

The Decreasing Space for Non-Religious Expression in Indonesia

The Case of Atheism
ByIsmail Hasani

chapter 10|23 pages

The Council of Indonesian Ulama (MUI) and ʿaqīda 1 -Based Intolerance

A Critical Analysis of Its Fatwa on Ahmadiyah and ‘Sepilis'
BySyafiq Hasyim

chapter 11|21 pages

Administrative Law and Religion

Complaints by Religious Communities against Government Authorities in Indonesia
ByMelissa Crouch

part 4|62 pages

Violence and State Responses

chapter 12|14 pages

Islamist Civil Society and Violent Extremism in Indonesia

A Tactical Merger?
BySidney Jones

chapter 13|18 pages

Policing Sectarian Conflict in Indonesia

The Case of Shi'ism
BySamsu Rizal Panggabean

chapter 14|28 pages

Pink or Blue Swing?

Art, Pornography, Islamists and the Law in Reformasi Indonesia
ByHelen Pausacker

part 5|52 pages

Discrimination and Vulnerable Groups

chapter 16|18 pages

The Implementation of Perda Syari'at in Aceh and West Sumatra

ByDina Afrianty

chapter 17|16 pages

The Legal Fate of Indonesian Muslim Women in Court

Divorce and Child Custody
ByEuis Nurlaelawati

part 6|18 pages

Conclusion

chapter 18|16 pages

Religious Freedom, Minority Rights and the State of Democracy in Indonesia

ByAdnan Buyung Nasution