ABSTRACT

This chapter seeks primarily to investigate the extent to which the enactment of religious regulations has been compliant with principles of good governance and to what degree they have constrained the protection of pluralism and tolerance in Indonesia. It also seeks to answer the question of how post-Soeharto legal Islamisation has shaped or caused increasing religious intolerance, disrupted Indonesia's current democratic institutions, and threatened its social pluralism. As a principle of constitutionalism, the rule of law is often understood as a separation of powers between legislature, executive, judiciary and government. As Parsons and Mietzner comment, use of the phrases 'religious teachings' of the 'Islamic community' in regional regulations obviously explicitly refer to Islam for their justification. These governments must not only rebuild a dysfunctional legal system failure, but also stop massive corruption, inherited from the Soeharto regime, which continues to undermine the rule of law.