ABSTRACT

This chapter examines the comprehensive limitations of forum externum as the manifestation of religious freedom to protect religious minorities within Islam in Indonesia. The discussion focuses on the explanation of justifiable limitation in the Indonesian Constitution and how this limitation coincides with international human rights instruments which set a standard of limitation of the enjoyment of human rights in order to protect the fundamental rights of religious minorities within Islam. The discussion includes the restriction of freedom of religious expression and other kinds of religious manifestation that incite hatred against religious minorities within Islam. In order to give a better view, the chapter also presents cases and incidents in regard to the violation of the rights of religious minorities within Islam in Indonesia. This chapter asserts that the rights of Shi’ah and Ahmadiyah, as the two minorities within Islam, are principally recognised by the constitution. Yet, the conflict of norms between the constitutional clause of human rights and restriction in some national laws has pushed the government to enact discriminatory laws that restrict the rights of religious minorities within Islam.