STAGNATION ON FREEDOM OF RELIGION The Report of Condition on Freedom of Religion/Belief of in 2013

Jakarta, February 2014 vi+241 pages 230 mm x155 mm ISBN: 978-6021-8668-7-0

AUTHORS Bonar Tigor Naipospos Halili

RESEARCH TEAM Akhol Firdaus (Jawa Timur) Bahrun (Nusa Tenggara Barat) Muhrizal Syahputra (Sumatera Utara) Roni Saputra (Sumatera Barat) Rokhmond Onasis (KalimantanTengah) Andy Irfan Junaidi () Nasrum (Makassar) Yahya Mahmud (MalukuUtara) Rio Rahadian Tuasikal (Jawa Barat) Kahar Muamalsyah (Jawa Tengah) Yosep Dian S () Destika Gilang Lestari() Mohamad ( Barat) Devida (Cirebon) Abdul Khoir () Aminudin Syarif (Jakarta) Dwi A Setiawan (Purworejo) Halili (Yogyakarta) Hilal Safary (Jakarta) Indra Listiantara (Jakarta)

LAYOUT Titikoma-Jakarta

PUBLISHED BY Pustaka Masyarakat Setara Jl.Danau Gelinggang No.62 Blok C-III Bendungan Hilir, Indonesia 10210 Tel:+6221-70255123 Fax:+6221-5731462 [email protected] [email protected] Foreword

This report of Condition on Freedom of Religion/Belief in of Indonesia in 2013 is in form of resume that have been released on January 6, 2014 and just be completely published on April 2014. This hardcopy form-publishing report is part of publication routinity of SETARA Institute which is published annually. As the seventh (7th) report and the report tip of tenure of President Bambang Yudhoyono, who has served two terms of leadership, this report has distinct specificity from the previous reports. Besides to photographing the occured incidents along the year of 2013, through this report SETARA Institute is challenged to trace, to analyze, and to conclude 7 reports that has been published yet during the leadership tenure of . Through the review process, STAGNATION ON FREEDOM OF RELIGION has been chosen as this report title. The analysis about this stagnation is presented in Chapter V before the closing chapter of this report. The title of STAGNATION ON FREEDOM OF RELIGION is a phrase which is most representative to describing the leadership performance of Susilo Bambang Yudhoyono who is in his two leadership tenure did not make chronicle any achievement in promoting and protecting freedom of religion/belief. SBY did not do anything eventhough he has obligation to do it. In 2013 is the last leadership tenure of President Susilo Bambang Yudhoyono. As we know, 2014 is a tenure of two President; SBY and the new one after Presidential Election in 2014. That’s why, 2013 is a right enough momentum to evaluate policy which has never been taken from the beginning until the last of 2013. This evaluation includes prominent tendencies in his leadership

iii tenure as the Head of State. The meant tendencies are including the governmental fields where SBY contributes to problem acumulation of violation on freedom of religion/belief. Keep in mind, the matters which necessary to be published are which relates to the failure of SBY in leading and instructing this country, in otder to perform his tasks, to complete obligation and authority in giving guarantee of protection on freedom of religion/ belief as the basic rights and constitutional rights of all the citizen. Thus, this evaluation is all about bad report card of SBY’s leadership which is in general affect in the plenary stagnation of life of religion/belief in Indonesia. To all of the supporting parties of publishing this book, I would like to thank you. Jakarta, April 2014 The Chairman of ManagementBoard

H E N D A R D I

iv Table of Content

Foreword...... iii Table of Content...... v

CHAPTER I Introduction...... 1 A. Background...... 1 B. Methodology...... 11 C. The Conceptual Frame...... 12

CHAPTER II Condition on Freedom of Religion/Belief in 2013...... 27 A. Monitoring Findings of Violation on Freedom of Religion/Belief...... 28 B. The General Condition on Freedom of Religion/Belief in Several Monitoring Territories...... 41

CHAPTER III Portrait of Violation Incidents on Freedom of Religion/Belief...... 79 A. The Sampang Tragedy: History of Syiah and Repeated Violation...... 79 B. Dissolution of Ahmadiyah in Bekasi ...... 100 C. The Tragedy of Cult in Aceh...... 106

CHAPTER IV The Initiative of Residents and Local Government in Upholding Freedom of Religion/Belief...... 117 A. Reflect on the Regent of , H. A. Kholiq Arif...... 118

v B. Knitting Peace in the Midst of Conflict Potential: Report from Pituruh Purworedjo...... 125 C. The Constitution as The Attitude and Policy Guidance: The Cases of Church in Tambora and Lurah Susan Jasmine in DKI Jakarta...... 132 D. Islah and Community Peace: the Resident’s Initiative in the Case of Syiah Sampang...... 142 E. The Diversity Management of Sultan HB X in DI Yogyakarta...... 151

CHAPTER V The Evaluation of SBY’s Leadership: Powerlessness until the End.....161 A. Introduction...... 161 B. The Preservation of Violation and Politics Discrimination...... 161 C. The Weakness of Law Enforcement...... 166 D. Subjected to the Agent of behind the Name of Religion Violence.....169 E. The Harmony Regime and Camuflage Festival...... 171 F. The President without Initiative...... 176

CHAPTER VI Conclusion and Recommendation...... 187 A. Conclusion...... 187 B. Recommendation...... 194

Bibliography...... 196 List of Cases...... 202 Profile of Setara Institute for Democracy and Peace...... 235

vi CHAPTER I Introduction

A. Background1 The report of research and monitoring presented by SETARA Institute about Condition of Freedom of Religions/Beliefs in Indonesia is motivated by the condition of freedom of religions/beliefs which not accepting integrate guarantee from the state, and also by the actions of intolerance, discrimination, and violence which continuously occur in Indonesia. While the state already affirmed normatively about its commitment through Article 28E Verse (1 & 2) and Article 29 Verse (2) 1945 Constitution of Republic of Indonesia. The similar guarantee has been also stated in Law No. 39/1999 about Human Rights, and Law No. 12/2005 about The Ratification on International Convention of Civil Rights and Politics. However, the politics of restriction on this rights continually happened, either through the Article 28J (2) UUD Negara RI 1945 or through another legislation which are discriminatory. Contextually, in 2013 - as well as years before 5 annual Election - in the sight of nation and state life, is commencement of political year phase. Besides that, 2013 is the last period of the President Susilo Bambang Yudhoyono, and also become the sign of last report of his leadership period. That situation is space and time context in reading the ‘text’ freedom of religions/beliefs in Indonesia. Related to that, it is very important to ask two questions which are relevant to tempus and locus associated with freedom of religions/beliefs in Indonesia. First, how is the portrait of protection and guarantee on freedom of religions/ beliefs in Indonesia related to current political situation? Is there any positive correlation between national contestation – where the whole contestants are ideally becoming (seem) “more Indonesia” that is deemed worthy to be a part of national and state leadership in Indonesia

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– with the fulfillment and improvement of guarantee on freedom of religions/beliefs in Indonesia, or in contrary, to be a momentum for the ’job seeker’ and ‘rent seeker’ who are still capitulating the primordial issues (especially the religious issue and beliefs) in order to attain political benefits with the restrictive impacts in the end for improving the condition of religions/beliefs? Second, how was the “accomplishment” of protection and guarantee on Freedom of Religions/Beliefs along the leadership period of President Susilo Bambang Yudhoyono? How were the “blue” and “red” notes in SBY’s leadership, especially in his pure last year2? Textually, the freedom of religions/beliefs -reviewed from aspects of the mechanism of protection- is a fundamental right which guaranteed by international norms that are universally recognized by civilized nations, either the norms which is binding (legally binding) or not. As part of the citizens of the world community of civilized nations (the United Nations), Indonesia is required to be progressively guided varying standards of universal norms in implementing freedom of religion/belief within the politico-juridical -domestic jurisdiction. In various instruments of international human rights, the freedom of religions/belief is substantively seen as an individual right which cannot be reduced or postponed its fulfillment non( derogable rights). Therefore, the freedom of religions/beliefs both on individual or group must be guaranteed its fulfillment by the state.3 The principle ofnon- derogable rights states that it is absolute and because of that matter it cannot be postponed or differed under any circumstances.4 In line with this, the Indonesian constitutional structure gives a more adequate guarantee to implement the freedom of religions/beliefs. That guarantee could be found in the ground norm(grund norm) of national legislation and basic law of state (staat fundamentalnorm). Pancasila as the grund norm gives philosophy and moral guarantee on freedom of religions/beliefs. The first principle of Pancasila bravely states it. Even though in reality “the whole of principles” are being often interpreted paradoxically. In one hand, the first principle of Pancasila is interpreted as a principle which accommodates spirituality of meta- religion, but in the other hand that is often interpreted as a formulation which refers to formalistic diversity, moreover, for a legalization of majority religious society domination. In the second hand, the first

2 STAGNATION ON FREEDOM OF RELIGION principle is interpreted as a reference of diversity philosophy which refers on extraction of tauhid concept, it means that interpretation is reduced just to overarching the quantitative majority of one religion in Indonesia that is . The most valid and sublime reference to read and to interpret that first principle of Pancasila is the statement of which directly told by the founding fathers and mothers in the court of Investigation Agency of Indonesian Independency Preparation Effort (BPUPKI), especially a meeting about the arrangement of grund norm. One of them – the most important because of his historical position as the Pancasila excavator – is Sukarno. The Son of the Sun, while reviewing Pancasila on June 1, 19455 through his agitative speech, gave a straightforward assertion about that divinity principle. He said: The divinity principle! Not only the Indonesian society should have God, but all of Indonesian should individually have his/ her own God...... Let’s have God. Let the state of Indonesia is a country that every person can worship God in a way that freely. All the people should be cultured of believe in God, with no “religious egoism”. And the Indonesian state should be a Believe in God country!6 As the basic norm, the legal ideals (rechtsidee), the philosophical basic (philosofische gronslag), the view of life (weltanschauung), national ideology, and the main source of all of law sources in Indonesia, Pancasila supposed to be downgraded into a constitutional guarantee which is more operational, concrete, and binding. That guarantee could be found in our constitution, the Indonesian Constitution of 1945. (UUD Negara RI 1945). In that 1945 Indonesian Constitution, there are some provisions of which giving guarantee on citizen’s rights to worshipping and have their own believe. At least, there are two articles in the 1954 Constitutions which can be identified as the articles which give directly guarantee on freedom of religions to everyone, no matter of their citizenship. Those two provisions are Article 28E and 28I which reads as follow: Article 28E of 1945 Indonesian Constitution: (1) Every person is freely to embrace religion and to worship

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as his religion, to choose education and teaching, to choose job, to choose citizenship and residence in area of state and to leave it, and to be pleased for coming back again. (2) Every person has rights on freedom of beliefs, to state his/her argument and expression, in accordance with his conscience. Article 28I verse (1) 1945 Indonesian Constitution Rights to live, rights to be tortured, rights to freedom of thought and conscience, rights of religions, rights to be enslaved, rights to be recognized as a private behind the law, and rights not to be prosecuted under a retroactive law is a human right that cannot be reduced under any circumstances.

The Article 28E of 1945 Constitution of Republic of Indonesia gives a guarantee to everyone to embrace religion or/and belief freely. That provision implicitly declares about freedom to everyone to embrace religion and beliefs. In the same time, that guarantee on freedom of religion is also enhanced with guarantee for them to worshipping in accordance with their religions and beliefs. The guarantee in 1945 Constitution indicates that the freedom of religion or the embracement of religion by an individual is a very essential human right.7 In the straight statement could be declared that the freedom of religion is the most fundamental human right within the other human rights. Besides that, freedom of religion is not gift from the state or the groups, since that the state cannot oblige the citizens or the state should not intervene against the religious issue each of its citizens.8 With that more significant power, so that the freedom of religion also, in line with the universal norm of human rights, must be placed as the non derogable rights as stipulated as in Article 28I verse (1) UUD Negara RI 1945. As the rights in non derogable rights category, so freedom of religion/belief cannot be reduced or revoked by anyone.9 Besides giving guarantee and position freedom of religion/belief as

4 STAGNATION ON FREEDOM OF RELIGION non derogable rights, 1945 Constitution of Republic of Indonesia is also managing relation within state and religion as its role or state power in the context of respect and protection of those rights. That matter is set in Article 29 of 1945 Constitution of Republic of Indonesia which states as follows: Article 29 of 1945 Constitutions of Republic of Indonesia (1) The State is based on the God Almighty. (2) The State guarantees every resident to embrace his/ her own religion and to worship according to his/her religion/belief. From the two of articles above can be observed that the constitutional guarantee on freedom of religion is strongly stipulated in 1945 Constitutions of Republic of Indonesia. That constitutional guarantee implicates to the meaning (and at once with more detail derivative policy demand) as follows: 1. The State must give guarantee of aegis and widest possible space to all free citizens to embrace religion and to worship according their religions/beliefs. 2. The State is not able to create varied prohibitions and restriction for people to worship their religions/beliefs.10

Based on the stipulation in Article 29 of 1945 Constitutions of Republic of Indonesia, state is taking constitutional responsibility to protect freedom of religions/beliefs of all of citizens. The state is also having obligation to guarantee freedom of religion/belief as stipulated as in Article 28E and Article 29 1945 Constitution of Republic of Indonesia. That matter is in line with the mandate in Article 28I verse (4) 1945 Constitution of Republic of Indonesia which is must fulfilled by the state, especially the government. The Article 28I verse (4) states that the protection, advancement, establishment, and human rights fulfillment of human rights are the obligation of state, especially the government. It means that the government is burdened the obligation to protect and to respect human rights. The authority of government to protect, to promote, to fulfill and to respect the values of human rights as mandated as Article 28I verse (4) of 1945 Constitutions of Republic of Indonesia in one breath, if that

5 THE REPORT OF CONDITION ON FREEDOM OF RELIGION/BELIEF OF INDONESIA IN 2013 one obligation should be performed, and so do the other too. From that point, the government must be consistent in performing human rights establishment. Because of it, that obligation to guarantee, to protect, and to promote human rights, particularly for freedom of religion to every people, lies in state. The state is applicable as the authority stakeholder. The state is forbidden to delegate its obligation performance to non-state actor to perform it. The reason is, the performance of state obligation by non-state actor will give opportunity to the problem occurrence of violation on freedom of religion and belief. Besides, it will open a space for appearance of groups who performs violation to another people of whose embrace different belief. The constitutional mandate which derived from the state basic philosophy is reinforced by its varied derivative instruments in the form of legislations. Some of legislation which can be identified in its main framework is the Act No. 39/1999 about Human Rights and the Act No. 12/2005 about International Covenant Ratification on Civil Rights and Politics. Thus, had that constitutional guarantee implementation ideal for us? This is the problematical point. There are some tensions in that implementation of constitutional guarantee. The disparity is highly visible within das sollen and das sein in more specific, detail and concrete government policy. The main problem of constitutional mandate implementation on freedom of religion is classified into three main clusters. The first,is regulation incongruence. The central weak point in that inconsistency of guarantee on freedom of religion/belief is the Act Number 1/PNPS/1965 about Prevention of Misuse and/or Religion Blasphemy. The Article 1 of that Act states: Every person is prohibited to telling, to recommending or to striving public supports, in order to do interpretation about certain religion that is embraced in Indonesia or to do religious activities which resembles religious activities of that religion; interpretation and the activity of which deviates from the principle teachings of that religion. The fundamental fallacy in that law, as explicitly illustrated as

6 STAGNATION ON FREEDOM OF RELIGION in formulation of the above Article 1, they are: 1) The government discriminates to certain religion followers with his subjective interpretation that “not in line” with majority interpretation. 2) The State deeply intervenes to the individual private space (forum internum) of citizen, moreover into the interpretation space of their heads and hearts, 3) The State do not guarantee the legal certainty for all of citizens by forming and applying the law which manage the abstract, vague and absurd. The not-conducive situation for that constitutional guarantee implementation on freedom of religion/belief is reinforced by the verdict of Constitutional Court of Republic of Indonesia in judicial lawsuits on the Act Number 1/PNPS/1965 which submitted by civil society groups. The Constitutional Court provides arguments of which are weak juridically and disable to state strictly about relation within religion-state. The Constitutional Court decides a political law to stay consider about that law as a constitutional. Nonetheless, to the existence of those acts, the Constitutional Court through its vverdict Number 140/ PUU-VII/2009 in case of Judicial Review of Act Number 1/PNPS/1965 profess that this law has weakness, so that need to be changed. In the problematic position of the law Number 1/PNPS/1965, as long as it is not erased or canceles, so that Act is a positive law which can be made as reference to creating some implementing regulations about religious life control. That implementing regulation have the form Joint Decree of Ministers, they are: 1. The Joint Decree of Religious Ministry and Internal Affairs Ministry Number 9 and Number 8 Year 2006 about Implement Task Guidance of Regional Head/Vice Regional Head in Religious Harmony Maintenance, Empowerment of Religious Harmony Forum, and Establishment of House of Worship (Joint Decree of Two Ministers); 2. The Joint Decree of Religious Ministry, General Attorney and Internal Affairs Ministry of Republic of Indonesia Number 3 Year 2008, Number KEP-033/A/JA/6/2008, Number 199 Year 2008 about Warnings and Commands to the Adherent, Members, and/or Board Members of Jemaat Ahmadiyah Indonesia (JAI) and Citizens (SKB Tiga Menteri). As a matter of fact, some regulations in local level are issued

7 THE REPORT OF CONDITION ON FREEDOM OF RELIGION/BELIEF OF INDONESIA IN 2013 through the principles which refer to the mentioned regulations. The local regulation in question can be found in West , City of Bekasi, Bogor City, Sampang , West Nusa Tenggara, and others. Some those regulations factually often become the main trigger of intolerant behavior occurrence and discrimination on minority religious group. In perspective of Human Rights, those various regulations can be categorized as human rights violation through the rule or regulation (violation by rule). The secondis the weakness of institutional support of state government. The constitutional guarantee which is affirmed by 1945 Constitution of republic of Indonesia with its derivative laws, are ideally backed-up by institutional structure which reinforces that constitutional mandate implementation. But, the fact, the government appears problems of religious/beliefs life in Indonesia through institutional establishment of which actually negates that constitutional mandate and stimulates the occurrence of intolerant practice and discrimination in life of religious/beliefs among citizens. The institutions which are existed and recognized its existence and legitimacy in state arena which are also legitimating the intolerance and discriminative actions on certain religion/beliefs adherents, such as: Coordinating Body for Monitoring Mystical Beliefs in the Society (Bakorpakem). The institution which is firstly recognized in governmental institution of Republic of Indonesia in almost three decades ago through the verdict of General Attorney of Republic of Indonesia Number KEP-108/J.A./5/1984 has great authority, and absurd at once, that is: to prevent the occurrence of religions blasphemy in Indonesia. “The Working Result” of semi-permanent institution which its members consists of such as General Attorney, National Intelligence Agency and Ministry of Religious, are formally: to cook up and to recommend the stoppage of Ahmadiyah’s activities in Indonesia. Looking their tasks and authorities, the institution is supposed to be the arm of the state in deeply doing intervention into the most private business of citizen, that is to embrace religions/beliefs which guaranteed by the constitution. Another institution which is also problematic in life of religion/ belief is Indonesian Ulema Council.11 The main problem of MUI in the

8 STAGNATION ON FREEDOM OF RELIGION context of freedom of religious/beliefs is its “authority” in giving fatwa of misdirection on religion, sects or mazhab, and about another certain teaching. Some fatwa are Fatwa Number: 7/MUNAS VII/MUI/11/2005 about Pluralism, Liberalism, and Secularism of Religion which proscribes those three views of thought that is subjectively conceived by MUI. “The Law Products” which are produced from MUI’s authority, such as the Guidance of 10 Criterion of Deviant Sects that are issued in National Meeting of MUI in 2007. That guidance is assessed by some groups to disturb the negative atmosphere of diversity because it is often used as “law” reference to justify intolerance practice and discrimination of religion/belief. Besides MUI and Bakorpakem, Inter-Religious Harmony Forum (FKUB) is also problematic. Ideally, “FKUB has role to give guarantee that every person are free to worship, free to belief, are being full guaranteed safely and comfortably. Then FKUB is also being the connector of finding similar points of religious groups, especially in the context of together life as part of citizen in nation life.”12 In the other sentence, FKUB should be a mechanism of pluralism strengthening of religion/belief both horizontally and non-structurally. The leaders and religious leaders who are involved inside, are being the part of participations in involvement and civil engagement which promotes pluralism and maintains harmony. The fact, FKUB is a part of structure of the state, the regime structure. FKUB is more dominant to be the instrument of state’s power to homogenize about the truth interpretation which is determined by “established religion” in Indonesia. The third is the poor performance of the state apparatus or government officials. The state officials who are “behind the desk” often not perform to do inclusive interpretation of guarantee on freedom of religion/belief. The state official in the field are often disable (do not want) to protect freedom of religions/beliefs. Moreover, in more escalated chaos, they cannot use coercive instruments to perform human security for all of religious adherents and to prevent the occurrence of intolerant and discrimination practices to the certain religion/belief adherent, especially the minority group. Those three weak points both partially or cumulatively, in the assumption of SETARA Institute, are the main factors which stimulates

9 THE REPORT OF CONDITION ON FREEDOM OF RELIGION/BELIEF OF INDONESIA IN 2013 some violations or crime in the name of freedom of religions/beliefs. With the result that, the situation of life of religion/belief in this Pancasila country is not becoming conducive, indeed the phenomena of intolerant and discrimination practice occurs in the last five years becomes increase.13 That reason is one of back minds behind the agenda of SETARA Institute to doing research, also observation and analysis as well on the actual situation of freedom of religions/beliefs in Indonesia and perform it in a report about progress or decline of situation on freedom of religions/beliefs, which analyzed through the perspective of human rights, and accompanied by the deepening on cases of intolerant and discrimination of religion/belief. All the more, the previous observation report since 2007 shows that the macro and micro condition of freedom of religions/beliefs in Indonesia are poor. Some bad portraits which coloring the condition of freedom of religion/belief all this time, are: the absence of state in almost all of cases of violation, impunity on violation actors, the omission of violation action, and negligence of violation’s victims. Thus, this kind of report will find its urgency and significance as the reminder for all of state administrator to do the action quickly, to recover the situation of freedom of religion/belief. Besides that, in practical level, the availability of database and baseline of sophisticated national data which can be created as reference about the life condition of religions/beliefs in Indonesia is also being the real needs as social reference of legislation drafting and state policy in supporting promotion human rights. This report becomes more relevant as one of portraits of condition of freedom of religion/belief in Indonesia. This report becomes more relevant as the real portraits of condition on freedom of religion/belief in Indonesia. The research, observation and publication of violation facts and the guarantee breakthrough/ advances of freedom of religion/belief to: [1] to documenting and to publish the facts of violations in Indonesia; [2] to encourage the state to fully ensure the freedom of religion/belief, including to do alterations of some regulations’ products which restricting the freedom of religion/ belief and recovering the victims’ rights; [3] to provide the data baseline about freedom of religion/belief; [4] to reinforcing the network of

10 STAGNATION ON FREEDOM OF RELIGION civil society and public in general in order to expand constituency to participate and to encourage the guarantee on freedom of religion/ belief.

B. Methodology Within the framework of the monitoring on condition of freedom of religion/belief in 2013, SETARA Institute do observation in 10 provinces, they are: Aceh, West Sumatera, , Jakarta, DI Yogyakarta, , Tengah, , West Nusa Tenggara, and East Nusa Tenggara. However, the condition portrait of freedom of religion/belief in another region remains collected through kinds of media resources and observer network. Thus, the presented report remains including another region in Indonesia. Data collection is performed by [1] monitoring by local observer; [2] focus group discussion; [3] data collection from religious/beliefs institutions ans governmental institutions; [4] interview with some of relevant religious leaders; and [5] using media documentation. Data collection and data analysis in this observation is using a parameter which theoretically is used in human rights disciplines and practically is guided by civilized country. That particular form of parameter is International Covenant on Civil and Political Rights (Kovenan Internasional tentang Hak-hak Sipil dan Politik) which had been ratified by Indonesian government through The Act UU No. 12/ 2005. Other parameter which is also used, is Declaration on The Elimination of All Forms of Intolerance and of Discrimination Based On Religion Or Belief which was published through UN General Assembly resolution No. 36/55 on November 25, 1981. The data validity review which is used in this research and observation is triangulation technique of data validity testing.14 The triangulation technique which used is triangulation sources, they are by comparing and re-checking the degree of trust of an information through the different time and instrument. The triangulation sources in this research is done by comparing collected data from persons and paper (result on deep interview and documentation) or paper and paper (including in this category is review on decree of trust through comparison and online resources search), or person with another person.

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C. The Conceptual Frame The research and observation of condition on freedom of religion/ belief in Indonesia rests on human rights perception which places the freedom of religion/belief as an individual right of non derogable rights). So that, those used definitions in this report and observation refers to the definitions in law disciplines of human rights. The freedom of religion/belief is a guarantee from the state for people to embrace religion/belief and to worship in accordance with their religion/belief. The freedom of religion/belief is the most fundamental human rights.15 The terminology of religion or belief in human rights perception cannot be interpreted narrowly and closely but should be constructed as widely. General misunderstanding that occurs, often states about trust on God (theistic) that mentioned as religion. Whereas the Buddhism which is non-theistic and Hinduism that called polytheistic, are religion too. The meaning of religion or belief cannot be restricted on the traditional religions or on institution which has characteristic or analog practice with that traditional religion. The religion or belief which is just formed and becomes minority religion entitled to get protection from ruling dominant religious community. 16 The Human Rights perspective also states that, both theistic adherents, non-theistic adherent and they who said no embrace religion/belief are having same rights and getting protection.17 The main instrument of Human Rights which sets the guarantee of freedom of religion/belief is International Covenant about Civil Rights and Politics (1966) especially the Article 18, which includes: (1) freedom to embrace and to choose religion base on his/her own choice, and freedom, either personally or jointly with another one, either in public or closed place, to manifest religion or belief in worshipping activities, compliance, practice and teaching; (2) without coercion so disturbed freedom to embrace or to choose a religion or belief of his choice; (3) freedom of manifesting personal religion or belief just can be restricted by provision of law, and just if needed to protecting security, orderliness, and health or social moral, or basic rights and freedom of people; (4) the countries of this Covenant promises to respect freedom of parents, legal guardians - if it is recognized, to ensure that the religious and moral for their children are in accordance with their own beliefs. Indonesia in 2005 had ratified this International Covenant through

12 STAGNATION ON FREEDOM OF RELIGION the Act No.12/2005, about Ratification of International Covenant on Civil and Political Rights. This covenant is legally binding and as the state parties who ratified it, Indonesia must put it in as a part of national legislations and give periodic report to Human Rights Commission in United Nation. Another Human Rights instrument which set the guarantee of freedom of religion/belief is Declaration on The Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief which are issued through the General Assembly of United Nation No. 36/55 on November 25, 1981. This declaration is more detail to setting the guarantee freedom of religion/belief if compared with International Covenant about Civil and Political Rights, if just because of its form is declaration, so it is not binding for state party. But, even it is not legally binding, this declaration reflects wide consensus from international community. That’s why it has moral force in practice of international relation in general. As a member of United Nation, Indonesia cannot ignore this declaration as well to performing the obligation to fulfill its citizen’s rights. The Article 6 of Declaration on Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief: According to the provision in Article 1, this Declaration and subject to the provisions of Article 1 verse (3), rights of freedom of thought, conscience, the kinds of freedom are: 1) To worship or to come together in accordance to a certain religion or belief, and to establish and to maintain places for these purposes; 2) To establish and to set any kinds of proper charity or humanity institution; 3) To make, to get and to use in adequately many kinds of things and materials which is necessary relating to the ceremony or religious tradition of a certain religion or belief; 4) To write, to state and to spread any kinds of publishing of which relevant to this fields; 5) To teach a certain religion or belief in appropriate places for these purposes;

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6) To collect and to accept financial donation and another-form donations voluntarily from personal or institutional; 7) To exercise, to pint, to choose with succession of those proper leaders which are asked with religious requirements and standards of a certain religion or belief; 8) To respect the free day, and to celebrate great religious days and ceremonial days; 9) To build and to maintain communications with someone or society about religious problems or beliefs in national or international level, the ceremony according to the teachings of someone’s religion or belief; The Constitution of Republic of Indonesia, 1945 Constitution, in Article 28E also states that guarantee on freedom of religion/belief as below: (1) Every person are free to embrace certain religion and to worship in accordance with his/her religion, to choose education and teaching, to choose job, to choose citizenship, to choose residence in area of a state and leave it, and to be able to return. (2) Every person has rights on freedom to convince a belief, to state his/her thought and action, in accordance with his/her conscience. According to those both instruments of human rights and the Constitution of Republic of Indonesia above, the operational definition of freedom of religion/belief is simple defined including freedom to embrace a certain religion or belief of his/her own choice, the freedom of personal or jointly with another one to worship their religion or belief in accordance with what they believe on, and to obey, to practice and to teach in open or secretly way, including freedom to change religion or belief, or even to not embrace any religion or belief.18 Meanwhile, the Article 28E affirms that freedom of religion/belief is a constitutional right of every citizen. The Human Right law is a legal instrument which placing state as state parties; it means that state is a legal subject that responsible to obey human rights law. As a legal subject, every single human rights abuse is always pointing state as the perpetrator. The violation on human

14 STAGNATION ON FREEDOM OF RELIGION rights law occurs when the state do not obey the binding norm which stipulates in covenant and international convention, where the state has promised to obey it through ratification. The Human Rights epistemology affirmation as explained as above, is also more clarifying the difference within human rights and international criminal law, which put the individual as a subject of law. As private law, the kinds of punishment which is known in human rights perspective, is international sanction, obligation policy changes, and the fines are reserved for the victims whose rights have been violated in the form of compensation, restitution and rehabilitation. Whereas, in international criminal law (Statuta Roma), besides individual as the subject of law, the kinds of punishment which inflicted to perpetrator is also form a sentence of imprisonment. Indonesia as a state parties in international law of human rights, obligation of state to respect and to protect the freedom of every person in the name of religion or belief.19 The basic principle of state obligation to respect human rights is about the state not performs any kinds of performance which infringe the individual or group integrity or ignore their freedom. Meanwhile, obligation to protect is taking the actions necessary to protect the rights of a person/group of people on crimes/violations of law/ violence that perpetrated by individuals or other groups, including the neglect taking precautions that inhibit the enjoyment of their freedom. Even though the main character of human right cannot eliminated or revoked and also totally exist on any human, but based on the agreed principle of Syracuse, there are two treatment of human rights implementation, i.e: The non-derogable rights principle (the rights that fulfillment cannot be delayed or deferred) and derogable (the rights that fulfillment can be delayed or deferred). The Syracuse Principle underlines that the rights which can be delayed or deferred, just can be applied on certain situation and condition that are deemed harmful to the public interest. Meanwhile, the principle of non-derogable rights states that it is an infallible/absolute rights, and because of that reason, it cannot be deferred or postponed in any circumstances. The rights which is contained in this principle, including: rights of life (rights not to be killed), rights on self wholeness (not to be tortured, kidnapped,

15 THE REPORT OF CONDITION ON FREEDOM OF RELIGION/BELIEF OF INDONESIA IN 2013 persecuted, raped), rights to be not enslaved, rights to embrace religion, to think and to have belief, rights to be treated equally behind the law, right not to be imprisoned for failing to meet contractual obligations, and rights not to be convicted under the retroactive law. Therefore, all kinds of action that may causing the disappearance of someone’s or group’s rights on freedom of religion/belief – as one of elements of non- derogable rights – can be classified as human rights violation. Even the human rights discourse recognized about the restriction in fulfilling the guarantee of human right, this observation remains to cover many kinds of violations, either the categorized forum internum right, or freedom which categorized in forum externum. The absolute freedom, basic, namely forum internum (internal freedom) is a freedom where there’s neither party could intervene its realization and enjoyment of this. The rights which included in the clump of internal freedom, are (1) rights to embrace and shift the religion; and (2) rights not to be enforced to embrace or to not embrace a certain religion.20 Whereas, social freedom or forum externum (external freedom), in a particular situation, the state is permitted to restrict or to confine this rights and freedom, but with margin of discretion or strict and legitimate prerequisite in accordance to the Syracuse principle.21 The rights which included in external freedom clump, are (1) freedom to worshiping either personally or jointly, in an open or secretly way; (2) freedom to build house of worship; (3) freedom to wear/use religious symbols; (4) freedom to celebrate religious special day; (5) (6) rights to teach and to spread religious teaching; (7) rights of parents to teach religious teaching to their children; (8) rights to establish and to manage a religious organization or association; and (9) rights to share religious materials to personal or group.22 Violation on freedom of religion or belief is a form of failure or negligence of state in implementing of intervention of people’s freedom or to do not give protection a personal or group of who are being the objects of intolerant or criminal offense in the name of religion or belief. Therefore, the violation on freedom of religion/belief defined as removal, revocation, limitation or reduction of rights or personal basic freedom to embrace religion/belief which is done by the state, either by commission or by omission. The human rights terminology which related to freedom of

16 STAGNATION ON FREEDOM OF RELIGION religion/belief is intolerant and discrimination. Intolerant is derivative of about his group, belief system or life style are higher than the others. This matter can evoke several consequences from lack of respect or disregard to others, until institutionalized discrimination, such as apartheid (racial segregation policy) or deliberately demolition of someone through genocide. All of those actions originated from denial of human fundamental value.23 A discrimination is “every restriction, harassment, or excommunication which are done directly or indirectly based on the differentiation of human through the religion, tribe, racial, ethnic, group, class, social status, economical status, gender, language, political belief, which resulted in a reduction, or elimination of irregularities recognition, implementation or application of human rights and basic freedom in life both individually or collectively in the field of politics, economics, law, social, culture, and another life aspects.”24 The discrimination and intolerance based on religion,25 is a form of violation on freedom of religion/belief, as meant as in the Article 2 verse 2 of Declaration on Elimination of All Forms of Intolerance and Discrimination Based on the Religion/Belief, that is ”any distinction, exclusion, prohibition, or preferences (favoritism) which are based on religion or belief and its purpose or consequence to eliminate or to reduce the recognition, enjoyment or exercise the human rights and fundamental freedoms on one similar basic,” such as do not want to receive a certain group or to revealing and to exposing the hatred against another group based on the difference of religion or belief. The intolerance crime and hatred are actions which motivated by the hatred or bias against someone or a group based on the gender, race, skin color, religion, origin country, and/or sexual orientation. The intolerant action may constitute as serious crime, such as assault and fighting. It also could be in the forms of minor crime, such as ridicule to someone’s race/religion. The written communication including graffiti, which indicates prejudice or intolerance against someone or a group of people because of hatred. Including the vandalism and conversation based on intolerance or what is considered as a joke by some peoples. The crime based on the hatred is an intolerant crime and prejudice which aims to hurt and to intimidate someone because of his/her racial, original country, religion, sexual orientation and because of

17 THE REPORT OF CONDITION ON FREEDOM OF RELIGION/BELIEF OF INDONESIA IN 2013 different abilityfactor . The spread of hatred by using detonation, arson, weapons, vandalism, physical violence, and verbal violence threats to instill the fear to the victims, make them becomes susceptible to further assault and alienated, powerless, suspicion and fear. Another part of them are probably to become frustration and angry if they consider that the government and another groups in their community do not protect them. When the perpetrator of hatred not to be accused as a criminal and their actions are stated as faults, their crimes could weaken the community with even the strong/healthy racial connection as well.26

UNESCO wrote some of intolerance symptoms and behavioral indicators27: Language: contamination and connotative exclusive language which removes value, degrading and no-humanizing cultural group, race, nation or sexual. The denial of language rights. Stereotyping: to describe all of members of a group by characterized through similar attribute – commonly are negative. Quipping: to capturing attention on behavior, attribute and certain characteristic in order to mocking or to insulting. Prejudice: assessment on negative generalization basic and stereotype on main actual fact of a case or specific behavior of individual or group. Scapegoating: to blaming a traumatic event or social problem on someone or certain group. Discrimination: the exception of social guarantee and activity by just taking the adverse reasons. Ostracism: to act as if there is no one or the other is absent. The rejection of speaking or recognizing another party or their cultures. Harassment: intentional behavior to intimidate and to humiliate another party, often intended as a trick to remove them by force from the community, organization or group.

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Desecration and Elimination: forms of symbol desecration or religious structure which are intended to eliminate the value and to mock their beliefs and their identities that these structure and symbols are precious for them indeed. Bullying: use of superior physical capacity or a large number (of people - ed.) to insult others or to eliminate their ownership or status. Expulsion: to eject formally or forced or denial of the right to enter or be present in a place, in a social group, profession or another places where there is an activity of group, including where the survival is depending, such as working place or shelter and others. Outcome: denial of possibilities to fulfilling basic needs and/ or to participating fully in society, especially in joint activity. Segregation: Forcible separation of people by different race, religion or gender, usually to the disadvantage of certain group (including apartheid). Repression: Forcible prevention on Human Rights enjoyment. Demolition: detention, physical abuse, livelihood displacement, armed assault and murder (including genocide).

The violation of intolerance and hatred are one of criminal act with individual object, which is related with freedom of religion/belief. For this kind crime, the responsibility is addressed to individuals as a criminal law. While the state’s responsibility is to protect every person from the threat of intolerance and legal process while the violence occurs. In the context of Indonesian law, this kind of crime is actually accommodated by the Law Book of Criminal Law (KUHP), Article 15628 which mentions: Whoever said that a sense of hostility, hatred or contempt against one or some groups of Indonesian people in front of public, punishable

19 THE REPORT OF CONDITION ON FREEDOM OF RELIGION/BELIEF OF INDONESIA IN 2013 by a maximum imprisonment of four years a maximum fine of four thousand five hundred rupiahs. The statements of group in this article and next article means that every part of different Indonesian people with one or some other parts because of race, origin country, religion, origin residence, ancestry, nationality or position according to the constitutional law. However, in practice of Indonesian law, these articles are actually used contrarily, that is to ensnare the people who were accused of heresy and religious defamation wing. Though, this article is an instrument that could be used to criminalize the practice of intolerance. In its relation with religious intolerance, SETARA Institute distinguishes between passive intolerance with active intolerance. The passive intolerance is residue from intact religious belief and interpretation against religious teaching which is believed as the only truth for his/herself as an individual and social beings. He/she in his/ her cognitive, believes that his/her religion as a consequence from social relation with different parties who are different in their background, willing or unwilling to accept that reality and to adapt. Conversely, the active intolerance active does not only see their religion as the only truth, but also tend to see their different interpretations of the religious fellow and also other religions as false and heretical. The following are the most obvious differences between them are passive intolerance with intolerance active is situated on the action. They are categorized as active intolerance not expressing it through the statement but also action. This Report of Freedom of Religion/Belief in Indonesia lies in monitoring framework of the monitoring-human rights based, especially in clumps of International Covenant on Civil and Political Rights. Therefore, the method of this report is based on the approach of ‘violations’. Through the approachment of that ‘violation’, this report could be understood as an effort in order to examine how far the state performs its generic obligation to respect and to protect freedom of religion/belief. This report writing also refers to framework for communications which is developed by Special Rapporteur of United Nation for freedom of religion/belief. Based on above definitions, there are three violations by state, they are: [a] by doing active action which allows restriction, distinction,

20 STAGNATION ON FREEDOM OF RELIGION intervention, and or obscure the enjoyment of someone in religion/ belief (by commission); [b] by letting the person’s right be violated (by omission), including to letting every criminal act committed by a person cannot processed by law, and (c) by the way to make regulation that gives opportunity of human rights violation occurrence (by rule/ judiciary). Besides document violations on freedom of religion/belief which is performed by the state, this monitoring also documenting violation which done by citizen against another citizen. This violation by citizen in outline includes three main classifications: [a] crime in form of assault on house of worship, physical intimidation, and so on; and [b] intolerance act, besides [c] condoning by social figures. With this framework, this monitoring report divides 6 categories of violation act with different legal subject and responsibility; [1] The active action of state(by commission), [2] The omission act which done by the state(by omission), [3] Formation of regulation which violates/invites violation (by rule/judiciary), [4] Criminal act by citizen, [5] By society performed intolerance, [6] Condoning by community figure.

Against violation which done by the state, the legal frame that is used to go about it, is the human rights law that stipulated in civil covenant and politics and in some other human rights conventions that have been ratified, constitution of state, positive law in domestic level which manages the obligation of state. Whereas for the violation and intolerance which is done by citizen, the legal frame that can be used is Law Book of Criminal Law (KUHP), especially that form in crime/ criminal offense. []

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Endnotes

1 Given this research and observation is annual agenda, so the background and conceptual frame of this research and observation, is generally not too different with the previous one. It just contextualization and enrichment are done to some parts which considered important and needed to be emphasized. 2 2014 is a transition within the “old” and “new” reign. So that the achievement of protection and guarantee on Freedom of Religions/ Beliefs in 2014 was the performance results of two presiden. 3 Davis, Derek H., The Evolution of Religious Liberty as a Universal Human Rights, republished in December 5, 2006. 4 The rights which contained in this principle, such as: Rights to live (not be killed), rights on self wholeness (not be tortured, kidnapped, abused, raped) rights not to be enslaved, freedom of religion, expression and beliefs, the right to be treated equally before the law, the right not to jail for failing to meet contractual liability, and rights not to be convicted under the retroactive law. Thus, any kind of action which could result in loss of the right of a person or group of persons to freedom of religion-as one of the non-derogable rights-can be classified as a human rights violation. See Ismail and Bonar Tigor Naipospos (eds), Mengatur Kehidupan Beragama; Menjamin Kebebasan Beragama? Urgensi Kebutuhan RUU Jaminan Kebebasan Beragama/Berkeyakinan, (Pustaka Masyarakat Setara, 2011) 5 Later, after the collapse of Desukarnoization project undertaken by the Suharto regime, we agreed to make the colossal return that date as the birthday of Pancasila. 6 Speech of Sukarno before the trial of BPUPKI on June 1, 1945. See Bahar, et.al [eds.], 1995, Risalah Sidang BPUPKI dan PPKI,

22 STAGNATION ON FREEDOM OF RELIGION

(Jakarta: Sekretariat Negara), page. 80-81, or Alam [ed), Bung Karno Menggali Pancasila, (Jakarta: PT Gramedia Pustaka Utama), page. 28. 7 Drafting Team of Comprehensif Script of Process and Results on 1945 Constitution Amandement, Naskah Komprehensif Perubahan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945, Latar Belakang, Proses, dan Hasil Pembahasan, 1999-2002, Buku VIII Warga Negara dan Penduduk, Hak Asasi Manusia, dan Agama (Revised Edition), General Secretary and Registar of Constitution Court, Jakarta, 2008, page. 286. 8 Ibid., hlm. 320. 9 Ibid., hlm. 293. 10 See Ismail Hasani (ed), Dokumen Kebijakan Penghapusan Diskriminasi Agama/Keyakinan, Pustaka Masyarakat SETARA, Jakarta, page. 81. 11 Indeed, there is an ambiguity in the case of institutional existence of MUI, is that institution which is established since 1975 as usual social institution like the other social organization, such as NU and Muhammadiyah? Or this is an institution of state. On one hand, as stated as in its Articles of Association (its public version can be accessed in feature of “MUI Profile” in website www.mui. or.id), MUI is just a media of ulema zu’ama and moslem scholar. But on the other hand, this institution is financed by the state through APBN besides income from halal certification. Two institutions under MUI are also “allowed” by the state to have “wet” authority, they are: Research Institute of Food and Drugs, Drinks and Cosmetics (LP-POM) and Natioanl Sharia Council (DSN). Substantivelly, by observing the state financing and its authority, MUI can be categorized as auxiliary state agency. However, when referring to its formal profile, MUI appears as a non-state institution. 12 H. Abdurrahman K., Head of FKUB of South , Interview of SETARA Institute, on December 28, 2010. 13 Read Hasani dan Naipospos (eds) 2011, Politik Diskriminasi Rezim Susilo Bambang Yudhoyono: Kondisi Kebebasan Beragama/ Berkeyakinan di Indonesia 2011, (Jakarta: Pustaka Masyarakat

23 THE REPORT OF CONDITION ON FREEDOM OF RELIGION/BELIEF OF INDONESIA IN 2013

Setara, 2011) 14 Triangulation is a technique of data validity checking that utilize something outside the main data, in order to checking or to comparing that data. See Lexy J Moleong, 2002, Metodologi Penelitian Kualitatif, (PT Remaja Rosda Karya, Bandung), page. 178. 15 Davis, Derek H., Op.cit. 16 Paragraph 2 – General Comments 22 about Article 18, UN of Human Rights Commitee, 1993 17 Ibid. 18 Article 18 about Human Rights Universal Declaration (1948): “Every person has rights of freedom of thought, conscience and religion; in this context includes freedom of changing the religion/ belief, and freedom to declare religion or belief by teaching, practicing, worshiping and obeying, both personally or jointly with another one, in public or alone.” 19 See the Article 18 DUHAM, Article 18 ICCPR, Article 28 I, 28 E, 29 UUD Negara RI 1945. 20 See the Article 18 DUHAM, Article 18 ICCPR, Universal Declaration 1981 about Elimination of Intolerant and Discrimination Based on Religion/belief, and General Comment No.22 Human Rights Committee of United Nation. 21 The Principle of Siracusa is a principle about restriction provision and rights derogation in ICCPR. It was established in Sicilia, Italy in 1984. This meeting resulted a set of interpretation standard on restriction clause of rights in ICCPR. 22 All of these rights are stipulated in Article 18 of ICCPR, General Comment No. 22 of Human Rights Committee of United Nation, and Universal Declaration 1981 about Elimination of Intolerant and Discrimination Based on Religion/Belief. 23 UNESCO, Tolerance: The Threshold of Peace. A teaching/Learning Guide for Education for Peace, Human Rights and Democracy (Preliminary version). Paris: UNESCO, 1994, page. 16. 24 Act No. 39 Yaer 1999 About Human Rights, Article 1.

24 25 Article 1 United Nation Declaration about Elimination All Forms of Intolerance and Discrimination Based on Religion or Belief (1981): “[1] Every person has rights on freedom of thought, conscience and religion. This rights includes the freedom to embrace religion or belief in accordance to his/her choice, and freedom, both individually or jointly, closely or openly, to manifest his/her religion or belief in the form of worship, ritual, practice and teaching; [2] No one get coercion which can interfere his/ her freedom of chosen religion or belief.; [3] Freedom of someone to worship his religion or belief just can be restricted by law and important to protect safety, peace and public moral and basic rights and freedom of others.” 26 U.S. Department of Justice, Hate Crime: The Violence of Intolerance, http://www. usdoj. gov/crs/pubs/htecrm.htm, accessed on December 1, 2008. 27 UNESCO. Tolerance: the threshold of peace. A teaching/learning guide for education for peace, human rights and democracy (Preliminary version). Paris: UNESCO. 1994, p. 16. 28 This article is area dispute of the above interpretation on “hate crimes” (statement of hatred and hostility). During this day, the use of this article is always identified with Article 156a which is derived from Law No.1/PNPS/1965, that is precisely used to ensnare people accused of heresy.

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26 CHAPTER II Condition on Freedom of Religion/ Belief in 2013

This chapter is one of main chapters which presenting description condition on freedom of religion/belief in Indonesia during 2013. It is called as the main one because of two matters: First, this part is particularly describing condition on freedom of religion/belief in 2013, not in the other year. So, its time coverage, it only happened specifically along 2013. Second, this part can be juxtaposed linearly with the similar parts of previous years. Even the technical presentation is not precisely same, the main data of this part can be compared with data from previous years to recording the dynamics of condition of freedom of religion/belief in Indonesia. In this part also will be explained about special conditions which spending attention and general condition of freedom of religion/belief in Indonesia during 2013. The general condition is analyzed from monitoring data, both in quantitative or qualitative. Whereas, special conditions is presented in accordance to the investigation report and special monitoring which is done by SETARA Institute through some reports from observers of concerned area. Systematically, the presentation of this chapter will be started by the Monitoring Founds of Violation on Freedom of Religion/Belief which contains quantitative data and relevant analysis about some violation aspects. Then, it is continued with presentation about General Condition on Freedom of Religion/Belief in some of observation regions, even not all of regions are described in this part. The presented general condition from observation area in this parts consists of four

27 THE REPORT OF CONDITION ON FREEDOM OF RELIGION/BELIEF OF INDONESIA IN 2013 regions with quiet high of violation intensity; two are from outside Java, they are North Sumatera and West Sumatera, and two are from inside Java, they are East Java and Central Java.

A. Monitoring Findings of Violation on Freedom of Religion/ Belief In 2013 SETARA Institute noted 222 cases of violations on freedom of religion/belief with 292 action forms1 which is spreaded in 20 provinces. From the time, the highest number of incidents occurred in May, 33 cases. Next, respectively occurred in February and March (26 cases of each), January and December (21 cases of each), June (19), April (16), October (16), July (13), September (12), August (12), and November (9) cases. [See Chart 1 and 2]

Chart 1. Number of Cases and Violation Acts

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Chart 2. The Monthly Spreading of Incidents

As though the previous years reports, the highest number of violation occurred in West Java. West Java becomes a place where violation thrives, there are 80 cases in 2013. Followed by other 5 provinces with highest violation numbers, they are; East Java (29), Jakarta (20), and Central java (19) cases, also North Sumatera and South Sulawesi (respectively 15 and 12 cases) [See Chart 3]. Thus, despite a decline from last year’s figures, number of violation is still in high, that is in average 18,5 casesand 24,33 acts in every month. The spreading highest region is not much change, besides the increasing of violation numbers in North Sumatera. Related to the high numbers of violation in West Java, at least there are six factors which causes violation cases thrives in the province where led by Ahmad Heryawan givernor (Aher). Thefirst factor is the existence of Governor Regulation Number 12 Year 2011 about Restriction of Ahmadiyah Activity. That regulation substance by itself stir intolerance groups who hostile and anti Ahmadiyah to be more agressive in action. That Governor regulation is sociologically used as instrument of justification by society groups to justify violation acts and intolerance that they do.

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The second factor is thrives of intolerance groups. In West Java, there are groups which often do violation acts and intolerance in area of regency/city, such as Bandung, Tasikmalaya, Cianjur, and others. The third factor is weakness of dynamic management old society in very large amount. As we know, West Java is demographically largest province in Indonesia. Thus, diversity in West Java is more complex thank another provinces in Indonesia. Then, the factors which affects the height of intolerance, is actually not about the number of residents and the height of that diversity level, but about the failure of local government in managing the number of residents and height of diversity there. Fourth, is the strong religious and Islamic culture in West Java. Factually, and also historically, Islamic development in West Java is sociologically different with Islam which develops socially in Central Java or East Java. So that, if this matter intersects with dissability of local government and local religious figure in teaching and sharing about tolerance in the scope of diversity of state, then it will become a big destroyer potency againts tolerance of religion/belief. Fifth, the mass organization’s pattern which is tightly inWest Java, tends to be rigid. Compare to the condition of East Java, Islamic mass organization in West Java has style and movement pattern which quiet different. So it is naturally if the religious issue is appeared then offending Islam sentiment, this mass organization will mobilized itself easily. The sixth factor, lack of awareness on diversity (pluralism and multiculturalism) of Islamic Party politicians there, such as also used by Governor Aher in political contest of direct election for governor (pilkada), is utilized to gain majority voters in general election and direct election for governor. This is itself potentially to discredit minority groups, not only socially but also politically at the end as an implication of their promises to Islamic majority group.

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Chart 3. The Spread of Violation Occurence Territory

As the top of violation territory, 5 (five) regions of Regency/City in West Java which gives most contribution of violation is Bekasi with (16) incidents, Tasikmalaya Regency (13) incidents, followed by Bandung City (11) incidents, and the last is Cianjur Regency with (7) incidents. Besides in West java, Bekasi City and Tasikmalaya Regency are city/ regency with violence incidents numbers as the top rank among the other city/regency in Indonesia. [See Chart 4] The number of incidents and violation action in West Java, either in provincial level or regency/city level, and also in other regions, indicates that incompetency and incapability of state administrators in government, and also lack of political will of government in local level to deal with politico-juridical policies in order to enforce the

31 THE REPORT OF CONDITION ON FREEDOM OF RELIGION/BELIEF OF INDONESIA IN 2013 konstitutional provisions and guarantee the constitutional rights of citizen in the field of freeedom of religion/belief. In provincial level, that data also shows that in fulfillment perspective and huma rights protection, relation of province and regency/city cum governor and regent/mayor is not effective. That ineffectivity can be seen from their unwillingness as political apparatus fellow who authorized to take political policy in order to jointly eliminate intolerance in their regions. The prominent one is, they acts omission each other, moreover they are throwing responsibility mutually to another one, and they hide behind authority apology. As shown as by the Governor of West Java, Ahmad Heryawan in dealing with violence in his region. As is known, at the beginning of May 2013, there were an incident occured which created vandalism at the same time with the assault of Jamaah Ahmadiyah in Kampung Babakan Sindang, Desa Cipakat, Kecamatan Singaparna, and at Kampung Wanasigra, Desa Tenjowaringin, Kecamatan Salawu, Kabupaten Tasikmalaya. The Governor admittes that those actions are wrong. One of violence determinants is his taken politico-juridical policy, but at the last, he threw his responsibility and handlement to police.

Chart 4. The Spread of Incidents in Regency/City in West Java

From the side of actor’s act, by using prevalent category that is used in human rights field, the violation on freedom of religion/ belief could be categorized to be two; the act which is done by state

32 STAGNATION ON FREEDOM OF RELIGION and violation which is done by non-state actor. From 292 forms of violation acts on freedom of religion/belief, there are 117 of state’s acts which involves the state administrators as the actor2, versus 175 acts which is done by non state actors [See Chart 5]. That state acts includes direct action (by commission), omission action (by omission), and discriminative regulation formation (by rule/judiciary). Included in the state active act is public official’s statements that provocative and invite violence (condoning). Whereas the citizen’s act includes criminal offense, condoning by society figures, and tolerance. Cumulatively, the act percentage based on this actor did not experience a shift from year to year.

Chart 5. The Actor Comparison of Violence Actions

From those actions performed by the state, there is increase of action forms from previous year, namely 39 of action forms. The kind of that violation act shows that how more “creative” the perpetrators in doing way of violations, moreover in the form which is usually

33 THE REPORT OF CONDITION ON FREEDOM OF RELIGION/BELIEF OF INDONESIA IN 2013 performed by citizen and should be shunned by the state apparatus that must be neutral ideally, such as intimidation, persecution, dan misdirection. From the category matter, most of the actions by the state actors are in the form of direct action (by commission) around 88,9 %, while the omission acts (by omission) around 9,4%, the rest is in the form of regulation (by rule/judiciary) around 1,7 %. The height of state active action in performing violation indicates about the weakness of state administrator’s awareness on human rights. Instead of protecting the citizen within its jurisdiction, the state become of that violation actor itself. [See Chart 1]

Table 1. Forms of State Action

No. The Actions of State Number 1 Threat of Arrest 1 2 Threat of Closure 1 3 Condoning 8 4 Blasphemy Charges 1 5 Discrimination 21 6 Intimadation 1 7 Discriminative Policies 2 8 Prohibition of Religious Activities 1 9 Prohibition of Religious Sects 1 10 Prohibition of Worship 8 11 Prohibition of Religious Activities 2 12 Prohibition of worship place building 1 13 Faith Coercion 3 14 Coercion of Changing Faith 3 15 Restriction of worship place access 2 16 Dismisal Learning 1 17 Omission 11 18 Demolition of worship place 3 19 Religious Discussion Dismisal 1 20 Religious Activities Dismisal 1

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21 Employment Dismissal 2 22 Detention on Charges of Blasphemy 2 23 Arrest on Charges of Blasphemy 4 24 Omission on Refugees 2 25 Persecution 1 26 Worship place bombing 1 27 Dismissal on worship place construction 1 28 Dismissal on religious activities 1 29 Stakeout on Ritual Activities 1 30 Forced Evacuation 1 31 Expulsion 4 32 Presecution on Charges of Blasphemy 2 33 Worship place access restriction 1 34 Property Sealing 2 35 Worship place sealing 11 36 Heresy 2 37 Worship place deprivation 1 38 Worship place Vandalism 2 39 Verdict on Charges of Blasphemy 3 117

For violation which involves the state as an actor, the institution which “donates” violations are 32 institutions. The big five of state institution which become the violators on freedom of religion/belief respectively, are: Police Department (35 actions), Satpol PP (18), District Governmeny (14), Indonesia Millitary (10), and City Government (7) [See Chart 6]. For the record, as year ago, the Police Department of Republic of Indonesia becomes the actor who the top position as violators in category of state actor. This shows about the human rights perspecctive in Police Department is very weak. Consequently, the legal action that they perform is not for straightening the law inforcement of constitutional rights protection of citizen, but in contrary doing violations on minority rights. The steps and actions of police institution and its apparatus is not to enforce the justice for violation’s victims of minority group in various intolerance cases, discrimination, and

35 THE REPORT OF CONDITION ON FREEDOM OF RELIGION/BELIEF OF INDONESIA IN 2013 violence in the name of religion, but instead add and multiply the suffering of victims with other violations on their rights.

Chart 6. State Institution as the Actor

Outside the violation actions on freedom of religion/belief that performed by the state, there are 175 cases are performed by the citizen. The number of violation which done by citizens can be calssified in three categories of actions, they are: criminal offense (132 cases), intolerance (39), and condoning which done by society figure (4) [See Chart 2]. As the monitoring result of previous years, the violation actor on freedom

36 STAGNATION ON FREEDOM OF RELIGION of religion/belief in the category of non-state actor are always dominated by residents, which showing which always seemed “horizontal war” in any conflictss of religion/belief. The conflict excalation then become more destructive with the absence of state in preventing the conflict potency prevention, management and conflict resolution, and peace situation preservation. In that situation, the intolerance group becomes more daring transparently to lead the conflict and moreover through the open assault which is shooted by mass media.

Table 2. Violation Actions by Citizens

No. The Actions of Citizens Number 1 Threat of Violation 11 2 Threat of Expulsion 2 3 Threat of Closure 1 4 Threat of Attact 2 5 Condoning 4 6 Discrimination 9 7 Intimidation 5 8 Intolerance 39 9 Report on heresy charge 2 10 Prohibition of Religious Sects 1 11 Prohibition of Worship activities 8 12 Force on Faith 1 13 Force on Changing Faith 1 14 Burning on Properties 3 15 Burning on Worship place 2 16 Demolition of Worship place 1 17 Dismissal on Religious Discussion 3 18 Dismissal on Religious Activities 8 19 Omission on Refugees 1 20 Persecution 5 21 Under Siege 2 22 Raid 2

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23 Termination on Religious Activities 3 24 Expulsion 5 25 Rejection on Building worship place 4 26 Access Restriction 1 27 Closure on Islamic Boarding School 1 28 Hate Speech 1 29 Sealing Religious Properties 2 30 Sealing Worship Place 5 31 Attack 7 32 Attack on Settlement 1 33 Attack on Worship Place 1 34 Heresy 14 35 Holy book vandalism 1 36 Properties Vandalism 9 37 Worship Place Vandalism 7 175

The doer of those violations in category of non-state actors are individual citizens or individual groups which joining in society organization. The likely group which done most violations on freedom of religion/belief as the big five, respectively are: Society/residents (65 actions), Islam Defender Front-FPI (16) Indonesian Ulema Council (14), The Combined Islamic Mass Organization (7), and Religious Figure and also The Islamic People’s Forum (5 actions per-each) [See Chapter 7].

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Chart 7. Non-State Actor

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From the victim’s side, violation on freedom of religion/belief in 2013 mostly befalls on Jamaah Ahmadiyah. Around 59 incidents with many forms of violence places Jamaah Ahmadiyah as the victims. Whereas, the Christian becomes another victims with having 48 incidents. Besides those both groups, several religious sects become victims also with having 28 incidents. Jemaah Syiah also often become victim of this violence, they have 23 incidents. Whlist, the individuals who become violence actions is with 20 incidents. The Moslem are generally becoming the victims also, their cases are 11 incidents. Then, the rest, violation on freedom of religion/belief befalls several forms of other minority groups in Indonesia. [See Chart 8].

Chart 8. Groups of Violence Victims

Remembering that the target of violence in this context is group of religion/belief, then automatically their house of worship

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are also being one of another target. The disturbance of house of worship in the incidents which documented on 2013, are mostly pointing to house of worship of Christians, namely around 27 incidents. The become the target of disturbance in 17 incidents. The rest is Vihara with 2 incidents of being the disturbance object target and house of worship of them – the Mystical Beliefs – in 2 incidents, and Pura with 1 incident. [See Table 3].

Table 3. The House of Worship Which Have Disturbed/Impaired

No. Worship Place Number 1 Church 21 2 Mosque 17 3 Monastery 2 4 Temple 1 5 Religious Sects 2

B. The General Condition on Freedom of Religion/Belief in Several Monitoring Territories

1. North : Stagnation and Heap of Problem in House of Worship 3 Religion Diversity in is almost perfect. The majority religion in North Sumatra is Islam, are embraced by ethnic Malays, the coastal people, Java, Aceh, Batak Mandailing, South Tapanuli (Angkola), part of Batak Karo, Batak of Tapanuli Utara, Simalungun, Nias and Pakpak. Theb Christian and Catholic, are generally embraced by ethnic Batak Karo, Toba, Tapanuli Utara, Simalungun, Pakpak, Mandailing, and Nias. And Hindu is generally embraced by ethnic Tamil in urban area. Buddha is embraced generally by mix-ethnic origin community in urban area. Konghucu is embraced by mix-ethnic origin people in urban area.

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Besides six ‘legal’ religions which is ‘recognized by the state’, there is Parmalim belief which is embraced by some Bataknese that based in Huta Tinggi. There is also animism there, especially which is embraced by Bataknese, that is Si Pelebegu Parhabonaron and those cults alike. Thereby, North Sumatra has prominent and quiet unique dynamics related to the matter of freedom of religion and belief, but also complex with having issues that related to religion.

[a] Several Incidents of Violation on Freedom of Religion/ Belief The level of violation on freedom of religion or belief along 2013 seems have trend changing, where the mosque eviction prominently occurred. Generally, despite compared to the previous year that decline, but the intolerance actions happens in the region which generally inhabited by majority community, such as Binjai and Tapanuli Utara. The most prominent violence actions which documented by SETARA Institute up to this time is about no significant effort of the local government to solve the problems which appears in some region. Despite, there is effort to solve the problem, but most of it just taken because of pressure from majority groups, and the minority ones has no serious attention acceptance at all. Those incidents can be seen through the actions from a group which against the existence of worshipping house and demolition of it, or its removal. But the government tends to be quiet, and if they do an action, it is just because of considering the interests and willingness of majority group. 1) Demolition, Destruction and Disallowance of Construction of House of Worship in Medan Within 2011 until 2013, there are some problem happened related to Moslem, Christians, and Buddhists’ house of worship in Medan. Since the beginning of 2011 until 2013, recorder about some moques that evicted or demolished by some residential developers which is suspected supported by surrounding apparatus, which is then getting rejection actions from society who become the victims of that action. This incident befall three in Medan, they are:first is Al-Ihklas mosque which locates in Jalan Timur Medan,

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that suspected done by Hubdam I/Bukit Barisan together with residential developers who bought the area from Kodam I Bukit Barisan. Despite, this mosque is finally decided to be reconstructed again after some phases of meeting and negotiation of all parties. Second, the demolition of Raudhatul-Islam mosque and Madrasah Al Kairiyah which is done by PT Jati Masindo where locates on Jalan Putri Hijau Medan, precisely behind the Emeral Garden hotel. Third, demolition and destruction of At-Thoyyibah mosque which previously was in Kompleks Multatuli Indah, and until now the Board of Mosque are still waiting for the verdict process from Cassation Level on lawsuits of BKM Masjid At-Toyyibah in Supreme Court (MA).

Photo: medanmagazine.com

Besides of demolition and destruction of mosque, there is no case completion of the assault of group of thugs on jamaah and also case of demolion on Nurul Hidayah mosque where located in Komplek Perumahan MMTC Medan Perjuangan Jalan Dr. Williem Iskandar or precisely located on Jalan Pancing simpang Unimed Medan. There is no legal proceeding or follow up on this case. Up to present the mosque is still maintained by the people and jamaah of

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Nurul Hidayah mosque. According to the chairman of Islamic People Forum (FUI) of North Sumatera, Ustad Timsar Jubir4, numbers of mosque which are destructed will be increasing. There are 3 (three) mosques and 1 (one) musholla (small mosque) will be destructed by residential developers, they are Ar Rahman mosque on Jalan Pelita II Brigjend Katamso Medan, Nurul Hidayah mosque where locates in Komplek perumahan MMTC Medan Perjuangan Jalan Dr. Williem Iskandar or Jalan pancing simpang Unimed Medan, and a mosque which locates on Jalan Lampu. Before, there are some incidents of mosque demolition in Medan. Some of them are, Al Hidayah mosque in Komplek PJKA Gg. Buntuk, Jenderal Sudirman mosque in Komplek Kavaleri Bulan, Ar Ridha mosque in Komplek Kodam Polonia. Before of those incidents, there is also threat happened about demolition of Al-Musa’adah mosque that locates on Jalan Cemara, Gang Jambu, Lingkungan 1, Subdistrict Pulo Brayan Darat, Kecamatan Medan Timur. Besides the problem related to mosque demolition issue, on Friday, November 15, 2013 chaos happened between Police of Kota Medan and residents and jamaah of At-Taqwa mosque, Polonia. Hundreds of Muslim Aliance (Aliansi Umat Muslim) which defy the existence of parking area in Hermes Palace Hotel beside of Taqwa mosque, on Jalan Mesjid, Subdistrict Babura, Medan Polonia, clashed with police. The police also fired tear gas to disperse them who continue to pelt them and the building of hotel. According to the field report, the problem was started from Pelaksana Tugas (Plt) of Medan Mayor, Dzulmi Eldin to came and see the parking area that is considered to violate the rules and to cover the wall of At Taqwa mosque. The mass also asked Dormant Municipal Police Force (Satpol PP) to demolish the parking facility which locates beside the mosque. But, Eldin did not come and then the mass was finally starting to act anarchist. They pelted Hermes Palace Hotel and parking building with stones. Then, the hotel’s glasses are broken.

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In spite of Moslem’s tensions related to the incident of house of worship in Medan are happened a lot, those incidents are actually not pure as the violation on freedom of religion/ belief if we deeply analyzed, because it tends to be like the impact of land/area conflict. But, because of the disputed object is about house of worship, the religious tension seems happened increasingly. And if these similar cases have no serious handlement, it is very possible that will be trigger for a broader tension. Besides the problem of mosque in Medan, network of SETARA Institute also documented some problems on Christians’ and Hindu’s house of worship, that is; resident’s rejection on house of worship construction which consists of 3 (three) units of churches; Pentakosta church in Martubung, Air Putih church in Martubung, and prohibition by Pemko Medan and local residents oon the use of the church of Kristus Rahmani Indonesia in Medan. Besides that, prohibition is also experienced by Hindus on their house of worship construction which locates in complex of Asia Mega Mas in Sukaramai Medan Denai. 2) Prohibition of House of Worship in Deli Serdang Besides as mentioned incident which happened in Medan, the same case also happened on Christians in Deli Serdang Regency. Prohibition was done by Moslem on construction of Rok Bethel Indonesia Church (GBI) which locates in Galang Regency, Kabupaten Deli Serdang. Up to present, that case has no completion and guarantee from local government to get permit to reestablish the previous church which was burned a few years ago.5 3) Prohibition of Al Munawar Mosque Construction in Kabupaten Tapanuli Utara6 On March 4, 2013, hundred of residents of Pahae Jae protested related to displacement as well construction of Al- Munawar mosque in Pahe Jahe regency, Kabupaten Tapanuli Utara, Province of Sumatera Utara. The case of prohibition on construction of Al Munawar mosque in Pahae Jae Regency,

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Kabupaten Tapanuli Utara by local residents since 2010, eventhough the initiative of these mosques construction have been done by its worshipers since 19198. In 1998 the idea of renovating the mosque of Al Munawar appeared, but that construction plan (renovation) failed to be executed because of monetary crisis attack on Indonesia, so that postponed by the worshipers of Al-Munawar. The initiators are: H. Mawardi Panggabean, Mandong (deceased), Maruli Gultom, Jaiman Harianja and Syarif Sianturi (deceased). But, the aspiration of youth of Islam wanted the construction of the mosque to be postponed until the economic crisis is over and the economic condition become stable, while seeking the strategic location for the mosque. An agreement went to the second choice. Because of that idea was released since 2010, which had been postponed for around 12 years. The construction of Al Munawar mosque not to increase the number of mosque like stated by the Christians, but to relocate it from Desa Sarulla to Desa Nahornop Marsada that 100 metres distance from the previous one and the old one will be utilized as an Afternoon Lessons of Koran (TPA).7 There are some reasons of Al Munawar mosque displacement from Desa Sarulla (Pasar) to Desa Nahornop Marsada, that located within 100m to the west, they are8: a) The capacity of Al Munawar is limited, b) The building construction of Al Munawar mosque is relatively old and not worth as well, c) The condition of the mosque’s surrounding is seedy, d) the direction shift of the Qibla. But, the rejection by Christians occurred, with the reason that the location of the mosque is too close with 2 churches. The Christians who rejected the mosque construction, came to Religion Ministry office in Tapanuli Utara regency, and presented a letter of rejection of the mosque construction signed by the society. They accompanied by a local parliament’s member (DPRD) in Tapanuli Utara, he is Ottonier Simanjuntak from PDIP. The rejection of Al Munawar mosque construction

46 STAGNATION ON FREEDOM OF RELIGION actually based on the internal problem of pewakif’s family (the giver of waqf land)9, besides the strong rejection of the people as well. After the certainty plan of displacement and construction of Al Munawar mosque from Desa Sarulla to Desa Nahornop Marsada, then the rejection comes also from the Christian. The objection submitted to Badan Kenadziran Masjid (BKM) Raya Sarulla, Pahe Jae. Moreover, the people of Dusun Aek Bulu and Dusun Siria-ria expressed complaints and disaggrement of the construction of the mosque which located in Dusun Aek Bulu, Desa Nahornop Marsada. That statement was signed by 117 Christians resident that submitted to the Regent of Tapanuli Utara on November 22, 2010. The reasons of local residents that become disapproval of Al Munawar mosque construction, are: a) Dusun Aek Bulu and Dusun Siria-ria Desa Nahornop Marsada contains of 86 householders who are Christians and and 6 householders who are Moslems, b) around the location of the establishing mosque’s plan, there are 2 churches exists before, namely Gereja HKBP Nahornop Marsada and Gereja Advent (GMAHK) within 30 metres, so that considered too close with the church’s position.10 On Februari 5, 2013, following a letter on behalf of the Community of Desa Nahornop Marsada signed by 11 residents addressed to the Regent of the North Tapanuli states pleaded reconsideration the letter of Regents No. 451.2/020/ Kesra/2013 dated January 14, 2013 regarding “Construction Support Mosque Al Munawar Sarulla”. On March 4, 2013, the People’s Alliance for Caring Peace of Nahornop Marsada (Aliansi Masyarakat Nahorhop Marsada Peduli Kedamaian) protests to the Regents’ office of Tapanuli Utara with aspirations and written statements. Until now Development Committee and the BKM of Al Munawar still make efforts to approach the Christian community, and that development committee also meets the requirements of the consent of indigenous and local communities. But, the impact of this rejection action, the

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mosque’s construction becomes dormant.11 4) The Rejection of HKBP Binjai Baru Church Construction in Kota Binjai The refusal incident of the construction of Gereja HKBP Binjai Baru that located in di Jl. Wahidin, Kelurahan Jati Makmur, Kecamatan Binjai Utara, North Sumatra actually has been going on since 2008, when the building process of this church has been started since 2007. But in 2008, some of local residents showed their dissagrement with the construction plan of HKBP church. This problem had culminated in 2008 and in 2010, until nearly clashing mass, and there have been attacks on Christian who sought to keep building construction. Last, this church construction process was being continued by the development committee of HKBP Church of Binjai Baru, until today. On December 1, 2013 an incident of attacks and eviction of HKBP Church’s pilgrims of Binjai Baru happened again. The intolerance action occurred there which performed by some residents of Tandem and some peoples from Islamic Defenders Front (FPI) of Kota Binjai. They tried to perform forced dissolution of activities of HKBP Church’s pilgrims of Binjai Baru.

[b] The Sects of Religius Belief: Groups are vurnerable to the acts of intolerance12 Besides problem related to the construction of house of worship as described as, some regions spread in some regencies and cities in Sumatra Utara, there are some religious sects which monitored by Head of Municipal Administration’s office of nation unity, politics and community protection (Kesbangpol Linmas) of province of Sumatera Utara. That monitoring accorded to the reason of some sects which are accused heresy by society, MUI of Kota Medan, and MUI of North Sumatra, and FUI of North Sumatra. Those sects are;First, Ahmadiyah which spreads in City and Regency of Meda, Langkat, Deli Serdang, Tanah Karo, Tanjung Balai, Simalungun, Labuhan Batu, Tapanuli Selatan

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and Serdang Bedagai; Second, sect of Blankon and Fardu Ain in Langkat Regency; Third, sect of Soul Training which exists in Deli Serdang Regency; Fourth, sect of Satariyah that is in Medan; Fifth, sect of pesantren Tarekat Babu al Ridho that is in Medan; Sixth, sect of Tarikat Samawiyah. The last sect is accussed as the heresy by MUI because that organization’s leader, Dr. Ahmad Arifin, is suspected of doing sexual abuse to tens of his students.13

2. : The Government of Majority Defender14 Province of West Sumatra consists of 19 regencies and cities, 176 sub-districts, 627 Nagari, 260 Kelurahan, 126 Desa and 3520 Korong/Jorong/Kampong.15 With an area of 42,2 thousand Km2 Wesr Sumatera is inhabited by 4.823.466 peoples16, and the populous area is Kota Padang with 825.145 peoples and the area with smallest population is Sawahlunto with 57.299 people. And, the cities with diverse residents are Kota Padang and Kota Bukittingi. As the area that famous by having the philosophy adat basandi syara’, syara’ basandi Kitabullah, West Sumatra is known as one of the regional bill (Perda) producer with religious nuances. That regional bill sets about religious obligation that should be or should not be done by society/community. Nevertheles, those some regional bills have been not used well. About the above philosophy was taken because of closeness of West Sumatra and religious Minangkabau, this matter was seen from the procentage composition of residents’ numbers with the embraced religion. According to data of BPS that released in 2013, there are 4.952.374 peoples of West Sumatra embrace Islam, 58.626 people are Protestan, 20.867 peoples are Catholic, 1.191 peoples are Hindu, 4.336 are Budha and 1.232 peoples are Konghucu with have no religion/belief.17 The factors of majority religion domination and regional autonomy reasonably influence the birth of a policy, so that it’s not suprising if West Sumatra has many ‘Islam’ nuances regulations that set society’s life. Within that situation, numbers of violation on freedom of religion/belief in West Sumatra are reasonably prominent. In 2012, according to the data collection result which was done by

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LBH Padang18 around 5 cases relates to the violation of freedom of religion/belief in West Sumatra, namely; Case of Atheism of Alexander Aan, Rejection of Vihara Budha Metha performed by residents of Kelurahan Nunang Kota Payakumbuh, Assault on house of M Nasir, the pilgrim of Darmoga sect done by around 200 resident of Padang Tangah Payobada, Payakumbuh and the sealing of the Church in Pasaman Barat by Islamic Organization Communication Forum (FKOI) and discrimination case on public service for 2 pilgrims of Jemaat Ahmadiyah who wanted to marry. The most attention capture case in 2012 is Atheism that brought Alexander Aan (Civil Servant Candidates (CPNS) of Darmasraya), who became the defendant of District Court of Sinjunjung. This Alexander Aan’s case is not the first case that was charged under the blasphemy cause, but this case is so capturing international people’s attention, moreover it becase one case that discussed in United Nation. This case has a different dimension from another cases that along this time are charged under the blasphemy cause. Alexander Aan was blamed because acknowledge himself as the Atheism follower, then wrote his thoughts through the social media. Some people said that, he already did blasphemy of Islam. Whereas, along time before his writing and thought are made and published through the social media, there are too many similar articles in blog, kaskus, facebook, and twitter that heresy many religions, including Islam, but they are allowed. Another interesting aspect is, another civil servant (PNS) have spread that Alexander Aan’s writing by copying and giving to some peoples. That could anger residents and at the last to come to Alexander Aan’s office and performed acts of persecution on Alex, until it is finally handed to the police. As the area with largest population of Moslems, about 4.952.397 peoples from 5.038.650 residents, in West Sumatra also prioritized for Moslems to establish the house of worship. Based on BPS data that released in 2013, there are 4.798 mosques and 11.046 mushalla. This is contrary to the development of worshiping house of other religions that is undeveloped. The growth of another religions’ house of worship is not balance with the people’s growth. Hindu is a sample, sice 2010 until nowadays, the numbers of its

50 STAGNATION ON FREEDOM OF RELIGION house of worship is only one, that is Pura which located in Kota Padang. According to Ketut Budarga, umat Hindu is necessarily having a house of worship in their every own house that is called as Merajan or Sanggah, but until now, the Hindu people in several areas (Trans area) have difficulty to establish that house of worship, with the reason of having the permit first. Besides it, the chronic problem is difficulty of Hindu to do the funeral pyre ritual, because the difficulty to get the permit, so that they should bring the corpse to another region or for sure. That classical case is still going until today.

[a] Some Incidents of Violation on Freedom of Religion/Belief in 201319 For the year of 2013, the incidents that characterize intolerance in the exercise of freedom of religion and belief in West Sumatra are dominated by refusal of Siloam Hospital construction, Mall and Pelita Harapan School (Super Blok Lippo Group), the restriction of Ahmadiyah, restriction of religious book about Syiah thought, and control of the sect that suspected heresy.

1) The rejection of Siloam Hospital The project of Super Blok from Lippo Group gets rejection in the reason of Christanization and apostasy sheathed investment. This is stated by Gusrizal Gazahar Lc. M.A., the Chairman of Fatwa Field of MUI of West Sumatra. Moreover he described that the rejection is not performed by MUI, but the element of ulema and ninik mamak also performed that prejection acts.20 The reasons of aqidah, economics, law, and social culture, they declared to refuse that hospital construction plan. But the main argument of refusing it, is about the seriuos worrying problem of christanization and apostasy sheathed. The rejection of Siloam hospital construction is not only performed by Islam organization, but also by the Governor of West Sumatra, who is the cadre of PKS () also refused to the construction of Siloam Hospital. In some opportunities to meet some Islam

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organization from Kota Bukittinggi and Kota Payakumbuh and Minangkabau Society Forum of Anti Siloam that led by Masfar Rasyid, Irwan stated: We will try to reject the construction of Siloam Hospital in Kota Padang if it is suspected or worried of having covert mission of christanization during the process, and if that Siloam Hospital which invested by Lippo Group is a missionary, so we need to do rejection also. But, we hope, that rejection is precisely to struggle for Islam aqidah, not for politicization media. Just to remaining, the first stone laying of the construction process in integrated area of Lippo Group in Kota Padang which consists of hospital, school, mall and hotels, can be attended by the Head of Regional Representatives of Republic Indonesia Irman Gusman, Coordinating Minister of People’s Welfare (Menko Kesra) , The Head of National Disaster Mitigation Agency (BNPB) Syamsul Maarif, the former Coordinating Minister of People’s Welfare (Azwar Anas), the Governor of West Sumatra Irwan Prayitno, the Head of Dewan Syuro Prosperous Justice Party (PKS) Hilmi Aminuddin, the Regent of Padang Fauzi Bahar, the Owner Lippo Group James Riady, the President Lippo Group, Theo L Sambuaga and the other figures. Masfar Rasyid, on October 22, 2013 was also using the Pilkada (direct election for Governors, Mayor, and Regents) of Kota Padang to refuse te plan of Lippo Group by inviting 10 cadidates of mayor to make a commitment the Siloam’s existence.21 And while that meeting is held, on October 24, 2013, about 7 of those candidates and their vices attended the invitation, they are: the mayor and deputy mayor Emma Yohanna-Wahyu Iramana Putra (EMYU), Ibrahim-Nardi Gusman (IMAM), Kandris Asrin-Indra Dwipa (KAIN), Maigus-Armalis (Mars), Indra Jaya-Yefri Hendri Darmi (Rancak), Syamsuar Syam-Mawardi (SAMA), and Mahyeldi- Emzalmi (ME). Three other pair candidates were not come. In the presence of MUI Chairman of West Sumatra

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Syamsul Bahri Khatib, the MUI Secretary of West Sumatra Edi Safri, the Chairman of Fatwa Field of MUI (Ketua Bidang Fatwa MUI) of West Sumatra Gusrizal Gazahar, the Head of Tarbiyah Islamiyah of West Sumatra Buya H. Boy Lestari Dt Palindih, the officials of Islam Organization, and NGO activists, seven pairs for candidates of mayor and deputy mayor of Padang, they signed statement of refusing the Construction of Siloam Hospital in the area of Khatib Sulaiman Kota Padang, West Sumatera. 2) The Restriction of Ahmadiyah On November 14, 2013, the provincial government of West Sumatra, through the National and Political United (Kesbangpol) and City Governmet of Payakumbuh had socialization related to SKB 3 Menteri and Governor Regulation No. 17 Year 2011 about the Activity Restriction of Jemaat Ahmmadiyah Indonesia in West Sumatr. This socialization program was opened by regent of Payakumbuh that represented by the Head of Kesbangpol, Ir. Yufnaini Away and attended by 40 participants from governmental apparatus, society figure, religious figure, Islam organization, NGO and youth from Payakumbuh City. That socialization event presented speakers from some elements, such as local governmeny, Prosecutor Office (Kejati) of West Sumatra, Polda West Sumatra, MUI West Sumatra, and Minangkabau Communal Organization (LKAAM) of West Sumatra. Zulhadi as the representation of Kebangpol stated that this socialization is important for state apparatus, society figure, religious figure, cultural figure can synergize in facing the problem that appears within the religious life related to JAI and the cults in order to prevent the conflict which probably occur and can be detrimental of society.22 The Chairman of Indonesia Ulema Council (MUI) of West Sumatra, Syamsul Bahri Khatib on June 2, 2013 was also urguing the restriction on Ahmadiyah through his statement that every sects as the the Moslem and is not deviant, should perform Islam in accordance to the Qur’an and Sunah. Because Islam does not give any tolerance to them who as

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recognize as Moslem, but embrace as contrary as to aqidah (belief). He said that every sect that accused heresy must states that they are on the right way. “As like as a thief, they won’t to be accused as a thief as well, they should defend themselves!” he strictly said.

Photo: Antara Sumbar

The residents are also rejecting the improvement chance of Ahmadiyah, such as shown by the residents Solok Selatan. Some elements in society of Solok Selatan, against the exixtence of Ahmadiyah followers that live in Jorong Bukit Malintang Sikinjang, Nagari Lubuk Gadang, Kecamatan Sangir, Solok Selatan. They are worrying these Ahmadiyah followers will teach their thoughts the disgression to another resident. 3) Religion Textbook for Elementary School (SD) is Allegedly Loading Shia Doctrine. The Libas of West Sumatra, Majelis Mujahidin Indonesia (MMI) of Padang, Pagar Nagari, Islamic Law Enforcement Committee (KPSI) of West Sumatra, and High Council of Natural Closeness Culture of Minangkabau (MTKAAM) of West Sumatra mentioned that some books of their religious text book they found in investigation is contrary with Islamic Sharia. One of the samples is like what was found in SDN 07 Kelurahan KTK, Kecamatan Lubuk Sukarah, Kota Solok.

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According to Irfianda Abidin, the Chairman of MTKAAM, those books are 19 pieces, which are bought from the particular allocation finance (DAK) of Educational Division of Solok in 2010. Those books are published by Trisula Adisakti, Cahaya, and Qorina. Some of them are: Qalbun Salim, Sejarah Fathimah Az-Zahra, Wanita-wanita Pilihan, Dosa-dosa Besar, dan Kisah Ajaib. 4) The Assault to Ahmadiyah Followers Dharmasraya Ngasiman Hadi Susanto, a follower of Ahmadiyah at Jorong Langanja II, Nagari Sipangkur, Kecamatan Tiumang, Dharmasraya, was attacked by a group of people on Sunday, Februari 17, 2013. That assault is triggered because of Supriano as a local resident wants to follow the Ahmadiyah taught. Supriano’s family and local residents cannot accept that such treatment then they assault back and damage the house of Ngasiman.23 After attacked by a group of people, Ngasiman directly reported on Februari 17, 2013 to police district of Dhamasraya, but until November 2013, the report of report of torture and house damage of Ngasiman never be followed up, moreover, until now the psychology of Ngasiman is under a threat, so that he should move to Bungo, .

[b] Government’s Performance and Law Enforcement Apparatus The awareness of tolerance urgency, protection and appreciation on Freedom of Religion/Belief as a constitutional right of citizen, and obligation and responsibility of its fulfillment, within the governmental apparatus of West Sumatra is so problematic. Lack of awareness and Human Right perception surrounding the issue on freedom of religion/belief in West Sumatra, seems from the apparatus’ statements which is not constructive for freedom promotion. M. Jafri, the Division Chairman of Social Politics field of Prosecutors Office of West Sumatera, through the interview on November 20, 201324, said that: “During 2013, the society condition in West Sumatra region is fine if seen from the context of tolerance on freedom of religion. Generally, the society condition is serene

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and peaceful. There is no cases related to religion occur during 2013.” M. Jafli seems don’t care to the intolerance and violation acts phenomena and in the name of religion/belief. The indicator of that ‘disturbing’, according to M.Jafri is when a forbidden cult appears, like Ahmadiyah. Thai is clearly forbidden, either according to the joint Decree of Three Ministers or Governor Regulation. Clearly, M. Jafri states that, “if there is a regulation which discredits current religion/belief, it is fair. In West Sumatra, the applicable rule is what was created in West Sumatra. If you feel uncomfortable, so you pleased to move from that place! And it is very reasonable, because the minority group always feel to be discredited by majority group, he said.”That statement shows that low of our understanding about constitution and diversity in Indonesua and life urgency to live peaceful co-existence in the climate life in the pluralism country. Idris Nazar as the Head of Law and Inter Religion Harmony of Ministry of Religion of West Sumatra, described that in 2013 the condition of plurality or inter religion has no complaint. The general condition is relatively fine. Related to the Ahmadiyah problem, Idris considered it is finished because there is no clash or protest happened among the society. Related to the steps of harmony maintenance, Ministry of Religion conduct to do training of religion harmony and establish an organization for young people from inter religion and also make the FKUB become effective.25 The logic of complaint where the apparatus put themselves in passive position, is often used as an apology or moreover the avoidance the responsibility to enforce the law in many ways of violation on freedom of religion/belief. By the thinking that way, it is so reasonable if in some incidents on freedom of religion/belief, the government is often absence, and if he come, he often performs like the country’s image which should be fair to cover and to gather all of the citizens.26 Potency of religion nuances tenseness during 2013 according M. Jafri is zero. The Prosecutors has not found yet a complaint or information of that tenseness. Though there is tenseness happened several years ago which is related to Ahmadiyah, but that case

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is solved and the condition is already condusive now after the Governor Regulation of West Sumatra Number 17 Year 2011 was published, which prohibits Ahmadiyah. But, several times ago, a problem related to problem/issue diversity occurred, that is about Siloam Hospital construction, but that was clearly contained political particle that infiltrated by certain people for their private interests. But the problem does not bring tenseness potency which will disrupt religious harmony.

Zulnadi, the Head of Community Development of National and Political Unity Office (Kesbangpol) of West Sumatra, stated that the government role just to support the harmony creation. The government jut educated how to life well in a harmony. For example are to socialize or to share the society. Such as, the local government to do socialization about the regulation which sets diversity, whether applicable in national level or just exist in local level. For example, to socialize the Governor Regulation that related to Ahmadiyah about Ahmadiyah prohibition, socialization of PBM about House of Worship, and so on. According to Zulnadi, there is a special effort to guarantee the freedom of religion, because he said during 2013, there is no tenseness appeared. The society is fine, so we just need to maintain that harmony and to do socialization as well. One of thing that should be remembered according to Zulhadi, is to appreciate the Minang’s philosophy, “dimana bumi di pijak di situ langit dijunjung”, which is meant his brought belief that should be obeyed, but to obey the applicable regulation in where he live in. Talks about the role of law enforcement persons, M. Jafli explain for Attorney that stays to monitoring the society, especially about religious sects in society. And this is a part of attorney’s task. About the breakthrough to take care of society, the government and including the attorney also have done some preventive acts of conflicts, such as the socialization and also development. So, the Attorney is being a ways of conflict prevention of inter religion in society. Related to those tenseness-creating issues, Attorney with Ministry of Religion and Local Government has been organizing FKUB, and there is a place of where all the religious problems will be handled. The Government of West Sumatra do not perform particular

57 THE REPORT OF CONDITION ON FREEDOM OF RELIGION/BELIEF OF INDONESIA IN 2013 breakthrough in order to guarantee freedom of religion in West Sumatra, by that only to much doing socialization related to prevention acts of religious sect spread and cooperation with government in city/ regency level. Besides that, according to Zulnadi, Local Government usually facilitates the conflict completion related to religion in society, such as case in Pasaman Barat where the inter-ethnic tenseness appeared, because there are people from Lunang Silaut as a region that has some ethnics. The facilitation is done to muffle and to solve the problem with kinship ways, until to reach the speher count. About house of worship construction that often mentioned as being the conflict caution, Zulnadi said that the matter is already regulated by minister. The Government will handle this problem according to the available rule. This conflict alike occurred in Pariaman regent. Because has no recommendation, house of worship construction has no permit because of not fulfilling the requirements. Generally, the statements of state apparatus in West Sumatra showing that they have not adequate knowledge and ability as a duty bearer in perspective of fulfillment, protection, and promotion human rights with the citizen’s constitutional rights. Besides that, they prefer to lay on majoritarian logics. So that, they often see the problem of harmony from the perspective of interest and majority domination, whereas it should be, the administrator must do balance movement within the majority rule and minority rights. The administrators in local government should see the problem of freedom of religion/belief and inter-religion harmony as the disturbance from minority who “perturb” majority, either from the belief aspect or socio-cultural ratio. Moreover, the harmony which is imagined is not only as the coexistence between particular element, but also the absence of “disturbance” from minority to majority. As the implication of that perspective, it is reasonable if in many cases happened in West Sumatra, the state apparatus tends to punish the “victims”, whereas the perpetrator is given privilege by the government. This condition will surely have implication to restriction of someone’s freedom to embrace a religion and to worship with state constitutional guarantee. The state in local level should set the religious matter in the simple

58 STAGNATION ON FREEDOM OF RELIGION meaning, that is to take care of majority interests, because if that minority “disturbance” to majority is allowed, so undiscipline and uncomfortable among society will appear. So practically, the local government always exists under the dominant religion control in performing the matter of religion/belief, so then the government is disable to be objective, neutral, and fair in its performance.

3. East Java: Stagnant and Potential to Worsen27 Generally, the guarantee of freedom of religion/belief in East Java during 2013, has no significant change or stagnant if compared to the previous period. Some cases of freedom of religion/belief including the misdirection effort case, house of worship, and particular violation that is experienced by adherents, but it occurred without significant breakthrough from East Java government. Moreover, some violation of rights of freedom of religion/belief is actively done by government apparatus by of congregation with civil power.

[a] Violation on Freedom of Religion/Belief 1) Violation on Jamaah Syiáh Sampang Since the second assault on Jamaah Syiáh, on August 26, 2012, series of violations are gradually faced by this group during their living in evacuation place. The violations are generally related to: [1] negligence of state to fulfill basic rights of jamaah Syiah in evacuation place; [2] belief shift coercion; [3] hate speech that is continually allowed by state apparatus then create kinds of intimidations which are never finish to be solved; [4] forced eviction, and; [5] impunity for actors behind the violence on Jamaah Syiáh, either that in Sampang case I, on December 29, 2011, or in Sampang case II, on August 26, 2012.28

2) The Attack on Jamaah Ahmadiyah The issuance of Letter of Decision (SK) No. 188/94/ KPTS/013/2011 about restriction of Ahmadiyah activities in West Java, was marred by several violations on Jamaah Ahmadiyah in 2011, but had subsided in 2012. The accommodative behavior of Ahmadiyah East Java on that

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regulation, participate to muffle the high number of violation. Though that accommodative acts is not a guarantee that the violence and violation on Ahmadiyah will be ended. Proven, in 2013 the violenece to Ahmadiyah was recuring.

a. The Assault of Baitus Salam Mosque of Ahmadiyah Tulungagung The attack and disturbance on Ahmadiyah’s pilgrim mosque in Desa Gempolan, Kecamatan Pakel, Tulungagung occurred on May 17, 2013. That attack was begun from the meeting in the head’s house of Neighborhood Units (RT) III, Desa Gempolan, Sarijan. On the pretext to have dialog with local ulema, Sarijan execute the command of Desa Gempolan Head, Isrofil, to invite Ahmadiyah figure. The Ahmadiyah’s preacher who came that meeting is Edi Santoso and Rizal. Those both men were sent by Aminullah (The Preacher of Ahmadiyah Kediri) to attend that dialogue event. The dialogue was held after Isya praying time, and in that RT head’s house had came another invitation from MUI of Kecamatan Pakel, Subprecinct Police Station (Polsek), Precinct Police Station (Polres), Community Affairs (Babinsa) and the Village’s Head (Kepala Desa) in that house. More and more resident coming when Imam Muslim, the representatives of MUI Kecamatan Pakel, gave speech about the appostasy of Ahmadiyah. Both of Ahmadiyah’s representatives seemed judged by people at that time. In the middle of the speech, the people shouted to destroy Ahmdiyah’s mosque, Baitus Salam, where located in that village. They brought woods and stones, and directly destroyed that mosque. Police personnel that have been there in location just let that violence happened. The Police just asked Edi and Rizal to leave Tulungagung. That both preachers, finally asked protection to Ahmadiyah’s mosque of Kediri. While they arrived in Kediri, those both men wrote report and that assault chronology. That report then sent to Polsek Pakel and Polres Tulungagung, but the police never followed up that report which made by Edi Santoso and Rizal.29 60 STAGNATION ON FREEDOM OF RELIGION

b. Eviction of Ahmadiyah’s Preacher. Edi Santoso and Rizal asked protection to Aminuddin (Preacher of Ahmadiyah Kediri), and by Aminuddin let to stay for a while in At-Taqwa mosque, Ngadisimo, Kediri. On next day, May 18, 2013, police personnel suddenly came, and asked those both preachers of Ahmadiyah Tulungagung to leave Kediri immediately. The reso of police is, their presence there would be trigging the same incident in Kediri. Polsek and Koramil also pushed Aminuddin to stop any activities in Ahmadiyah’s mosque in Ngadisimo under the reason of unconducive situation. The act which developed by the police have been changed. If the violence happened and threated the individual safety/minority group, police always to “sacrifice” the victims, and never tried to follow up that incident to the legal proceedings.30 3) Misdirection on Pondok Pesantrean Alif Lam Mim Tulungagung The misdirection case that took the lives, just reoccur again. That misdirection experienced by Pondok Pesantren Alif Lam Mim in Dusun Pampang, Desan Tawing, Kecamatan Gondang, Tulungagung. This Pondok Pesantren is misled by MUI Tulungagung because considered has taught cult. On September 9, 2013, MUI Tulungagung with Ministry of Religion, the Village Head of Desa Tawing, (district chief) Camat, Polsek Gondang, and Koramil Gondang called Gus Wahyudi (the Chief of Pondok Pesantren Alif Lam Mim) to clarifying. Gus Wahyudi considers that what is taught in Pondok Pesantren is not cons at atll to Islamic teaching because they just practice Pancasila’s value that strengthened by religion interpretation. Nevertheless, MUI stay to force Pondok Pesantren to stop its activity before fulfilling administrative requirements, dismantle the exixting building that located within the riverbank at the latest on September 16, 2013, and must report all of their personnels to Vital Statistic Office (Catatan Sipil).31

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4) Assault on Pondok Pesantren The assault of religious base is also happened in Puger region, Jember. Mass attacked and ruined Pondok Pesantren Darussolihin that led by Habib Isa Mahdi. That incident is coincided with carnival to celebrate Independence Day annual moment of Republic Indonesia to 68. PP Darussolihin is intentionally doing this activity event despite in lately because of some reasons of effective time to learn in Ponpes. Polres Jember since the beginning did not give permit of doing this event without any reason. But after negotiation, Polres finally issued that permit and promised to give safety guarantee.

Mosqe podium of Darus Sholihin Islamic Boarding School was hardly broken by masses, on Wednesday September 11 2013. Source: kompas.com/Ahmad Winarno

During the carnival run, around 70 police personnel are commanded to guard the event. Strangely, the police were attempting to obstruct carnival troupe out of the cabin environment. After the pushing action, police finally opened the road. After a carnival troupe left that pondok, about 20 people came to pondok and damaging nine homes of Pondok Pesantren Darussolihin’s administrators. They also burned about 19 units motorcycles and some another buildings of Pondok Pesantren. This action occurred precisely in front of the police, but they did nothing to obstruct it.32 This case is actually a series of hatred syiar events

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that conducted by ngaji teachers of such area of Puger to that Pondok Pesantren in 2012. That hatred syiar which continually occurred, make people more and more are agitated and hostile the Pondok Pesantren “Darussolihin”.

5) Violation on Penghayat Community The most massive violation and never be published, is actually experienced by penghayat community fro many years. Though there is no record relating numbers of violation, but every Penghayat Community’s family have experienced the violation of the rights for sure, especially in civil registration and population. Violation of rights on Freedom of Religion/Belief is experienced by Penghayat Community related to religious column and Identity Card (KTP). Though UU No. 23 year 2006 about population administration, have give legal guarantee to Penghayat Community to empty the column of their religion in their identity card, but practically all of Penghayat community met serious obstacle since in Kelurahan until Department of Population and Vital Statistics Office. From Kelurahan, the resident always got obstacles of doing their effort to demand their rights, particularly related to the religious column in identity card.

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In the field of education is no less serious. Children from Penghayat family are generally not being entitled to receive religious education in accordance with their beliefs. The schools tend to force children of penghayat community to choose religious education among the five official religions in Indonesia. Schools with various excuses not provide an opportunity for children to get religious education for penghayat children in accordance with their rights. Until now, there are 37 group of penghayat that recorded joining in Peghayat Organization Cooperation Agency (BKOK) of East Java. In general, penghayat that incorporated in this organization do not have obstacle in report their marriage in Vital Statictic Office related to their beliefs in Dispendukcapil. But, penghayat groups and its culture which have not joined in BKOK, their marriage generally have not recorded in population administration. Besides basic problems in recording population administration and education, another problem which is often faced by penghayat community are about difficulties to get permit to establish Sanggar and House of Worship. At several places, the construction of Sanggar and House of Worship always being inhibited by state apparatus and society. The Sanggar construction at Bulak Banteng, Surabaya, such as, at the first time of its construction, this Sanggar was refused by surrounding residents. This Sanggar cannot be built since 1998, and untuk now the government do not give any solutions. In 20122, one of Sanggar Sapta Darma in Kecamatan Cerme, even is terrorized by Police, Cub-District Head, and Ulema. The followers of Penghayat community are forced to choose one of sicth official religions in Indonesia and encouraged to do not let the religious column in identity card as well. The latest case of house of worship occurred on November, 2013. That is construction of Sanggar in Kecamatan Nguling Kabupaten Pasuruan reinhibited by government and government. The Village Chief (Lurah)

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and District Chief (Camat) of Nguling Kabupaten Pasuruan provoked people to refuse the construction of Sanggar Sapta Darma (penghayat). And because of that provocation, until now that Sanggar have not established yet.33

[b] Perspective and Government Role: Zero Initiative Eventhough the violation on Freedom of Religion/Belief in East Java is gradually under the scrutiny either from national or international, but until now, there is no breakthrough that made by Provincial Government of East Java to suppress the high violation numbers on citizen rights to get freedom of religion/belief and intensity of religious based violation. Vice versa, the Provincial Government of East Java tends to accommodate pressure from intolerance groups in issuing many kinds of discriminative policy on religious/belief minority groups. Within the strengthening of current misdirection on Syiah in 2012, the Islamic organizations too much ambition to sue the Governor of East Java to publish policy, such as SK of Ahmadiyah that mainly state to dissolve the teaching of Syiah. To face this insistence, the Government directly responded by issuing Governor Regulation (Pergub) No.55 year 2012 about Religious Activity Development and Cult Monitoring in East Java. That Pergub was set on July 3, 2012. This Pergub content substance No. 55 year 2012 not different with Law No. 1/PNPS/1965. Another spirit that inspired this regulation is ‘Guideliness of Bad Cult Identification’ that is formulated by Central Indonesia Ulema Council (MUI) on November 6, 2007. Since the beginning of 2013, the Provincial Government of East Java socialized seriously this regulation to every region in East Java. For sure, that plan is welcomed with great enthusiasm by Islam organization that Islamic organizations which are so far no call for holistic guarantee over the rights on Freedom of Religion/Belief for individual/group in society. Through this Governor Regulation No. 55/2012, numbers of violation on freedom of religion/belief in East Java will potentially increase and the religious/belief life in East Java potentially becomes worst in the future.

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4. Central Java: Wide Potency for Inter-Religion/Belief Tenseness34 Central Java is a province that locates in “central”of Java Island that consists of 35 Regents/Cities. Though the majority is Javanesse, but te residents of Central Java also consists of some ethnics, such as Tionghoa, Arabian, Sundanesse, and many more of which comes from different religions/belief and culture. In Javanesse habit, there are popular two basic values of life, they are (1) harmonious principle and (2) respect principle. Those both principles are normative framework that decides the concrete forms of whole interactions within society. The harmony principle in interaction horizon of Javanesse means a together willingness to be in good situation, harmony, calm and peaceful. The harmonious means the condition that should be maintained in whole social relation such as household, dusun, village, and others. Harmony is finally creates social harmony. Whlist, the respect principle means someone’s way to bring himself to show appreciate behavior in accordance to everyone’s position and degrees. The appreciate principle is based on the view that all of relation in regular society is hierarchically appropriate to social ethics. In every existed religious and belief issue, those principles are itself as stake. In Central Java, the conflicts related to the issue of Freedom of Religiom/Belief at least begin to appear after reform in 1998. Until this moment the issue of freedom of religion/belief is still quite complex in Central Java. Various sources of tension and latent conflict in the middle of Central Java community with regard to the relationship between religious/belief as well as inter-religious streams in existing mainsect. Throughout the year 2013, there are several cases related to freedom of expression of religion/belief considerable public attention, such as the case of a clash between the Islamic Defenders Front Sukorejo citizens, Kendal, and murder cases in Jepara religion conversions background/ beliefs of the victims. Most of the tensions and conflicts related to the issue of freedom of religion and belief in Central Java prevalent in rural areas or areas south of Central Java, especially in districts such as , Karanganyar, Boyolali, , and Temanggung.35

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[a] Conflict Potency Potential conflicts in each region depend on the demographic composition, urbanization, and the development process has not been completed. For example is in the borderline area between Demak and . The appearance of conflict is not caused by the religious issue, but due to economic interests. Concretely, there is no land dysfunction due to massive industrial development in Semarang which causes damage to paddy and ground fish (ponds) in the border area. The phenomenon has occurred in the gap between the interests of society with government or employers. Potential conflicts are also relevant to the issue of religion in Jepara. As an example related to the Syiah group that live and thrive in Jepara well. But the ripples of conflict occurred and peaked in 2002. Currently the Department of Religion sentence that Syiah groups in Jepara is a Syiah Imamiyah deemed harmful to the ideology of Indonesia, many of (Jamaah Syiah) whom were interrogated by District Military Command (Koramil), intimidated, and so on. Fortunately the conflicts in relation Sunny and Syiah can be mitigated by Sheikh Abdul Qadir Bafaqih, a charismatic cleric who deploys its cadres in various regions in Jepara. However, it is not possible conflicts among Sunny-Syiah community in the future will not happen anymore. In this context, the government takes serious initiatives to maintain a peaceful situation in the midst of diverse community groups. To realize it, the state must ensure the functioning of itself as bearer obligations and responsibilities in the protection, fulfillment and promotion of human rights, and on the citizens of its cash meaningful constitutional rights of citizens. In addition, the need to strengthen social relations based on nationality (citizenship) democratic and fair. While in , there are groups of ethnic Chinese and Arabic are different religions and beliefs, there are also Sunny and Syiah. Sentiment against ethnic Chinese in Pekalongan sizeable is triggered by social motives, and

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political economy. The Syiah-Sunny relations also holds the potential conflict that often indicated by the appearance of small ripples of conflict. In Pekalongan there is a forum that seems to be systematically organized to counter and to negate the existence of Syiah however the forum does not turn into a big conflict voltage. Potential conflicts there, more or less being able to be muffled by the presence of Arab communities from Habib of Rabithah Alawiyah.

Children watching Barongsai on Nyadran memorial and Pek Chun in Pekalongan City

While in Surakarta has its own peculiarity. In history, it was once the abangans basis, and now Islamic fundamentalism thrives. In Solo itself, Tafsir Al-Quran Assembly (MTA), the Islamic Defenders Front (FPI), Muhammadiyyah Ulama ‘(NU), and Kejawen grow together. If seen, the characters in Solo NU could be different from the others. They joined with Islamic fundamentalists, often forming joint forum. Of such diversity, they eventually adapt simultaneously. There are also reproductions and resistance, they retain their identity, but also reproduce the new values ​​corresponding to the other. In Sukoharjo, the influence of Pesantren Ngruki is very strong. “The Color” of Ngruki is very strong, even not only in Sukoharjo, but Ngruki spread its preachers up to Jepara and Semarang, precisely in the area of Mijen. The phenomenon of the spread of the Ngruki’s ‘color’ seems to be intentionally left, despite the fact that this is a state observation as well,

68 STAGNATION ON FREEDOM OF RELIGION especially with regard to the issue of terrorism. In the south, such as Cilacap, Banjarnegara and Banyumas, traditional and modern conflicts have started since 1930, which is started from Muhammadiyah and NU. The proof can be seen from the works that emerged in that era. The books are published by NU that impressed legitimize practices to counter tradition purification of Muhammadiyah movement. Around Banyumas, both grow through the organization, even their elites some are transformed through political parties. NU and also its elite that conservatives are joining to PPP, while modern-inclusive joined or PKB). Likewise with Muhammadiyah, there are conservative (joined to PKS) and there is a modern-inclusive (PAN). In addition to these differences, in particular when the two are collaborating on the face of the party alliance, for example, PPP and PKS commonly collaborate in terms of formalization of Islamic law through local regulation. While at Wonogiri and surrounding areas, poverty and scarcity of resources such as water becomes particular problem there. Many potential conflicts in Wonogiri are caused by cultural factors, communications, resource constraints, and human needs. As the formula of socio-economic conflict,

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where basic human needs are not met or reduced, it will be a conflict. On the eastern part of Pantura (Northen coast) such as Pati, phenomena diversity of religious and belief is characterized by the development groups of Akmaliah and Syahadatain which by many is considered heretical one. In fact, the real problem is only related to the recognition of all its ‘mu’tabroh’. Besides it, the reason of the geographical eastern part of Pantura consists of the dry land, sometimes has also affected the spiritual condition. Not surprisingly, they are looking for an alternative model of religious and worship that meet their needs. Therefore, thoriqoh and religious streams, such as group Pangestu, thrives well in the region.

[b] Several Incidents of Violation on Freedom of Religion/ Belief in 201336

1) The case of clash between the residents of Sukorejo and FPI Kendal Although not directly related to the violation of freedom of religion/belief, Kendal case interesting to observe. That case is enough of capturing public attention because it deals with religious issues and involve organizations that have long been regarded as an organization that sow intolerance, FPI. Kendal case began on Wednesday, July 17, 2013 around 15:00 pm, where FPI sweep in area of Sarem and several other entertainment venues in the Sukorejo District, Kendal. They came riding three cars. In that action, localization and entertainment venues were destroyed. In the midst of sweeping action, clashes between local residents and FPI happened. Residents provide resistance to the action of FPI and damaging one car that carrying FPI in to Bundaran Alun-alun Sukorejo. In that Wednesday incident, two members of the FPI suffered minor injuries. Both were also briefly detained in police Patean. The incident ended at

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17:30 pm and tails residents who keep watch at some point in the village. The next day, Thursday, July 18, 2013, residents of Sukorejo got word that there will be a backlash from FPI that makes people get ready. At 13:00 pm, FPI actually came with the car while riding around seven villages. Their arrival on the day the police escorted. Knowing the arrival of FPI, some people go out and gather at the Bundaran Sukorejo. The minor clashes had occurred and then FPI immediately left the location. However, upon leaving the Sukorejo, FPI car crashed into a woman who was riding a motorcycle in Jalan Sukorejo-Parakan to death. The anger was triggered. Hundreds of people went to the location and a car chase that hit the woman. Residents caught up that car in Patean, about two kilometers from Sukorejo. The Toyota Avanza, a vehicle driven FPI, immediately destroyed and burned. As to the burning car and crash incident happened, some of FPI’s members still are still “left behind” in Sukorejo. Those who are left behind are who were praying in the Grand Mosque Sukorejo. They were then detained remain in the mosque when the people had gathered again at the Bundaran Sukorejo. Hundreds of police and military lowered overcome these riots. FPI’s members who are stuck at Polres Kendal

Masses destruct gate of Luwung Islamic Boarding School (photo: said masykuri)

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then evacuated to the mosque. After the incident, police set 7 suspected, they are 3 persons as FPI’s members and 4 as the members of society.

2) Murder of Omega Suparno in Jepara This incident is actually occurred in late December 2012, but the trial court decision occurred on October 10, 2013. This case began when Omega Suparno who had been a Muslim, and was educated at the State Islamic Institute Sunan Kalidjaga, Yogyakarta. Later Omega Suparno converted from Islam to Christianity. Suparno then become a student at Baptist Theological Seminary of Indonesia (STBI) Semarang. On December 11, 2012, three friends of Omega when they were being the student in pesantren (traditional Islamic school) in Kudus area met Omega who spends his holiday in his parent’s house in Jepara to directly confirm about the changes in belief. Through that discussion is allegedly occured about different perspective each other, so that the perpetrator then considered Omega’s perspective as an insult of Islam. One day after, three of Omega’s friend killed him behind the shophouse of Jember, Kudus. After dead, the victim’s corpse is discarded into teaks forest in area petak 106 of teak forest of Desa Jinggotan, Kecamatan Kembang, Jepara. The victim is killed by stabbed repeatedly with knife, then victim was burnt. To eliminate traces and motives, those three perpetrators hijacked victim’s motorcycle. The three perpetrators, Amir Machmud, Sudarsono, and Agus Suprapto were punished by Judges Council of State Court (Majelis Hakim Pengadilan Negeri) of Jepara, on October 10, 2013.

3) The Closure of Pondok Pesantren Santri Luwung Sragen Pondok Pesantren Santri Luwung that located in Dusun Bedowo, Desa Jetak, Sidoharjo, Sragen that just established since 3 years ago, forced to be closed by some society groups. This closure was witnessed by Sragen Givernment, Regional

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Secretary, Ministry of Relihion of Sragen, Police Office Chief of Sragen, and Military District Commander (Koramil) 0725 Sragen. That occurred incident on October 6, 2013 was begun while the resident’s group, such as Islam Defenders Front (FPI), Laskar Umat Islam Surakarta (LUIS), and MUI which require and then close this pesantren, considered that the pesantren have practiced and taught the cult and shirk, like: to teach holly book of laying ijo and penitential bath ritual in the night with naked condition, ehich that contrary to Islam taught. Anto Miharjo, who often called as Gus Antok, the leader of that pesantren, then stated repent and confessed has taught the cult, and he has willingness to the true teaching of Islam.

[c] Vulnerable groups that has been and / or Potential Becoming a Victim 1. Jemaat Ahmadiyah Jemaat Ahmadiyah in Central Java scattered throughout the district / town in Central Java under pressure since appeared misguided fatwas of the MUI, followed by the emergence of 3 Ministerial joint decree prohibiting Ahmadiyah deployment. In some regents, such as Kendal, Surakarta, and Karanganyar, this group is forbidden to do activity by local government and being forced to make written statement to do their activities accorded to their beliefs.

2. Jamaah Syiah This stream’s followers spread to the whole regions in Central Java, but the most population is in Kabupaten Jepara. Eventhough in Kabupaten Jepara this group is never involved the conflict with another groups. This group is potential to be violation victims of rights on freedom of religion/belief because Anti Syiah massive campaigns that performed by several groups either directly or through media which affiliated to that groups.

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3. Cult and/or Kejawen. In Central Java, at least there are 55 cults that having followers until now. Besides pressure and harrasement of society that embraces religion/belief “mainsect”, this group also has discriminative acts from State.

[d] The Role Local Government in Guarantee Freedom of Religion/Belief. On the surface, the local government in Central Java quite well in maintaining and guaranteeing freedom of religion. At least this can be seen through the statement of the Governor of Central Java, Ganjar Pranowo on Thursday, October 16, 2013, which states that the Central Java Provincial Government will not make local regulations to ban Ahmadiyah. However, Central Java Governor’s statement is not a guarantee that the Central Java Provincial Government is really serious in protecting, respecting and guaranteeing freedom of religion / belief. It can be seen from the number of sub-district level government officials and the regent is still “active” go with the flow criminalizing to some minority religious groups as happened in the Kendal area and Karanganyar, where in the two areas, local governments still prohibit the Ahmadiyah groups to perform religious activities. This happens also in Sragen, where government Sragen, which closed a boarding school that is considered a cult teaches. In addition, it is difficult to find a breakthrough in the government’s efforts to guarantee freedom of religion in Central Java. Even so, there are enough interesting things done by the government in the regent of Wonosobo in ensuring freedom of religion in that area.37[]

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Endnotes

1 The number of events with a number of different actions, because in one incident (event) could have been different forms of action (act). Discipline of human rights distinguish the meaning between events and actions. 2 In counting the actor, SETARA Institute also bases this report on those who are involved in an event. In the event of various state institutions could join perform a number of actions. Similarly between state institutions and community groups can also join the various actions in one event as well. . 3 The Primary data and analysis in this section is largely derived from the Monitors of SETARA Institute for Violations of Freedom of Religion / Belief in North Sumatra, that namely Br. Muhrizal Syaputra, from JAP (Public Advocacy Network) of North Sumatra. 4 Daily News of Waspada and Suara Umat Online, February 16, 2012. 5 Interview with the Public Advocacy Network and Board of GBI Rok Galang, on April 24, 2013. 6 Public Advocacy Network Interview June 1, 2013, as well as data collection from Indonesian Muslim League, FUI Sumatra and the research data collection from M.Yusuf Asry, author of religious Life Researcher Center, Training and Development Agency and the Ministry of Religious Affairs of Republic of Indonesia. 7 Interview with Nadzir of Al Munawar Mosque, Ahmad Sihombing, June 2, 2013. 8 Interview with Muhidin Panggabean, Vice-Chairman of Inter- Religious Harmony Forum (FKUB), Former Chairman of the Indonesian Ulema Council (MUI) Tapanuli Utara, Tarutung, June 9, 2013. 9 Interview with Hj. Diamond Siregar, land Pewaqif for the location of the Al Munawar mosque, wife of the late Tumpal, Sarulla Pahe

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Jae, June 10, 2013. 10 Interview with Ramdju Gultom, responsible person, People Alliance Nahornop Marsada Peaceful Caring, Pahe Jae, June 5, 2013 11 Intervies with one member of the Construction Committee of Al Munawar Mosque, Ahmad Sihombing in Republika newspaper, Friday, March 15, 2013. 12 Data from National Unity and Community Protection Police of North Sumatra and Interview with H. Muhammad Ridho, Kesbangpol of Religion, Flow and Ideology, On December 9, 2013. 13 Asia Daily Journal edition Thursday, December 12, 2013 14 Seluruh data pokok pada bagian ini dikumpulkan dan diolah oleh pemantau SETARA Institute untuk Wilayah Sumatera Barat, yaitu sdr. Roni Saputra. 15 Sumatera Barat in Figures 2010, BPS, 2011 Page. 33 16 Sumatera Barat in Figures 2010, BPS, 2011 Page. 61 17 Sumatera Barat in Angka 2012, BPS 2013, Page. 190. 18 Year-End Note of Padang Legal Aid Institute (LBH Padang), 2012 19 Adapted from various monitoring sources performed by SETARA Institute in West Sumatra. 20 Some of the organizations that participated prohibit the construction of Siloam Hospital; Muhammadiyah, Tarbiyah, LKAAM, Dewan Dakwah, Paga Nagari, King Pagaruyung, some NGOs, FPI Sumatra, West Sumatra MUI, Minang Community Forum Anti superblock Lippo Group, the Upper House Natural Adat Minangkabau (MTKAAM), HTI West Sumatra, Padang MMI, Libas West Sumatra and West Sumatra KAMMI 21 Haluan Daily, “Soal RS Siloam: Ormas Islam Ajak 10 Cawako Berunding”, October 23, 2013. 22 Haluan Daily, “Pemerintah Larang Ahmadiyah” Friday, November 15, 2013 23 “Jemaat Ahmadiyah di Dharmasraya Diserang”, http://www. metrotvnews.com/metronews/read/2013/02/18/6/132055/Jemaat-

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Ahmadiyah-di-Dharmasraya-Diserang. Accessed on November 15, 2013. 24 Interview of SETARA Institute for West Sumatra region, November 20, 2013 25 Interview of SETARA Institute with Idris Nazar, on November 20, 2013. 26 Interview of SETARA Institute on November 20, 2013 27 The data on the subject is largely compiled from various sources by monitoring of SETARA Institute for Freedom of Religion / Belief in East Java, Br. Akhol Firdaus. 28 More detailed discussion regarding the Syiah Sampang case as a special case will be explored in another section of this chapter. 29 Based on interviews with Edi Santoso, May 20, 2013 30 Based on interviews with Aminuddin, May 20, 2013 31 Interview with Gus Wahyudi, September 15, 2013 32 Data based on the results of investigations conducted by the Center for marginalized Communities Studies (CMARs). Unpublished manuscript investigation results. 33 All information about the penghayat community generated through interviews with Dian Jennie, Executive Secretary BKOK Java. Interviews were conducted on December 8, 2013 and December 15, 2013. 34 The main source of data comes from Kahar Muamalsyah, Monitoring by SETARA Institute for Religious Freedom issues / Belief in Central Java Region. 35 Based on the investigations conducted by the Association of Indonesian Legal Aid and Human Rights (Snakes) of Central Java in the mid-2013 36 Adapted from various sources by SETARA Monitoring Institute in Central Java 37 Government initiatives Wonosobo, in this case is the regent, to create harmony and promote religious tolerance there will be reviewed specifically in Chapter V of this book.

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78 CHAPTER III Portrait of Violation Incidents on Freedom of Religion/Belief

By considering the actuality, intensity, significance, and urgency to get handling from government and related parties, in this part also described about particular monitoring report from 3 location, those are: Bekasi is about Ahmadiyah case, Sampang which related to Jamaah Syiah, and Aceh is about cult. These cases we report specially to build insight and invite feel of care from all elements, especially the state to enforce the law, to make the condition become conducive, and to handle the problem which lays on the authority and responsibility of the state in giving human rights guarantee and citizen constitutional rights.

A. The Sampang Tragedy: History of Syiah and Repeated Violation1

[1] The Begin of Syiah Community in Sampang There is no precise information, how much the Syiah pilgrims in Indonesia. That is no trusted sources that can be confirmed about this matter. Jalaludin Rahmat said that the amount of Syiah pilgrims is around 2,5 million until 5 million peoples,2 Some of Syiah figures also mentioned the number which not too different, but that is no reference of this claim. But, maybe the claim from those members is fine if seen from spread number of branch office of Islam organization from Syiah, like IJABI (Members of Indonesian Ahlul Bait Association, established since 2010), and ABI (Indonesia Ahlul Bait, established since 2010) and hundreds

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of Foundation developed Syiah dakwah that spreaded up to 84 cities/regents of Indonesia. According to some historians, the true adherents of Islam Syiah have existed since the beginning of time when Islam entered the archipelago. Even Prof. Aboebakar Atjeh3 mention that the first generation teaching spreader of Islam in Nusantara (archipelago), are Muslims of the Sya’fii mazhab and Syiah. Prof.Ali Hasjmy writes that during Peurelak Empire (840-1292) there has been a power struggle between Syiah and Sunni groups. In this kingdom, once the ruling Syiah groups, including Alaiddin Sultan Sayyid Maulana Shah Abdul Aziz (840-864). However, the next ruler that is currently ruled by Sultan Alaiddin Mughaiyat Maulana Ali Shah (915-918), the Sunnis won the power struggle. And the deployment Nusantara direction that dominated by Muslim Sunni. In the next period, it seems that decays much Syiah in tarekat (congregation) traditions that many growing to the whole Nusantara. In research Zulkfli4, the community existence traces of Syiah rediscovered in 19th century through Arab communities. Due to the political crisis in the Hadramaut (Yemen region in the Arabian South Peninsula) at the end of the 18th century there was a wave of immigration to the archipelago some Arab clans and several Muslim regions of . Most of these are Arab clan of the sayyid family, who claimed to have the lineage of the Prophet Muhammad. They came to the archipelago and working as religious teachers in a community that is widely spread in Arab Sumatra and Java. Among the sayyid prominent and scholars is derived from the family of al-Muhdar, Yahya, Shahab al-Jufri, al-Haddad and al- Saqqaf. In the Arab and Muslim traditional community, families are seen as a respectable family. After the Iranian revolution, the proselytizing spread of Syiah finds momentum. One of ustadz from sayyid circle who is very famous, namely Hussein al Ethiopia (1921-1994), lives in Bangkil, Pasuruan. Through the pesantren institution that led namely Foundation Islamic boarding school (YAPI), ustadz Hussein al Habsy develop the proselytizing Syiah effectively to the inland, including Madura. Through YAPI, Ma’mun, the clerics in the interior of Madura, precisely in Hamlet Nangkerang, Karang Gayam, Sampang, got

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lessons lure of Ustadz Hussein Al Habsy on Syiah. Ma’mun realized that teaches Syiah to the Maduranesse who were fanatical to Sunni teachings will bear problems. Therefore explored Syiah Ma’mun quietly and just is taught to their children. Ma’mun sent three sons, Iklil al Milal (currently 43 years old), Tajul Muluk (41), Roisul Hukama (38), and Umm Hani (35) to YAPI. Among the three children Ma’mun, the most prominent is Tajul Muluk. Graduated from TAPI, Tajul Muluk, in 1993 went to Arabia for working. While working he studied religion homage to a number of Syiah cleric. Returning from Arabia, Tajul started preaching to teach openly the Syiah ideology. His egalitarian demeanor, outgoing, handily and not willing to accept reward after giving religion teaches, making this young Kyai much sympathy. Some residents in the village become the followers of Tajul. Gaining the supports of the citizens, he more enterprising Tajul to preaching. In early 2004, some villagers donated land for the establishment of boarding schools, boarding schools that hereinafter called “Misbahul Huda” a center of propaganda Tajul. At the boarding school hundreds of children and teens to learn the Koran, and studied the teachings of Shi’ite Islam.

[2] Early Conflict: Misdirection and Hate Speech Along with the activities development of Tajul to spreading Syiah teaching, local clerics began to oppose, such as Ali Karrar Shinhaji, The leader of Pondok Pesantren Darut Tauhid, Desa Lenteng, Sub Proppo, Pamekasan. According to Kyai Ali Karrar, Syiah is a mahdzab in Islam which recognized as wrong and misguided. Local Clerics opposition against Tajul is not done hardly while Tajul’s father, Kyai Ma’mun was still alive. Then finally in June 2004 Kyai Ma’mun passed away. During 2005 to 2006 has held a number of meetings to justify Tajul, and forced him to abandon his faith. A number of lectures were attended by thousands of people are often held to emphasize to the public that Tajul Muluk and it carries is heretical teachings, pagan, and not as a part of Islam’s teachings. On April 9, 2007, for the first time, the threat and attacks of violations against the Syiah community in Sampang was known through the public mass media. The incident began when the Syiah

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community organized a program of celebrating commemoration the birth of Prophet in the Pesantren of Misbahul Huda, hundreds of invitations from outside Sampang were attending this event. However, these activities were blocked by thousands of masses armed and sharp wooden batons. Mass are blocking all invited guests who will attend that event. Despite the tension occured, the event of mauludan was still being run under the supervision and maintenance of the security forces5. The intensity of the attack that strongly encourages Tajul to joined the network a broader Syiah community, IJABI. On June of 2007, Tajul Muluk and his two brothers, Iklil al Milal and Roisul Hukama are appointed as Regional Executive IJABI (Indonesia Ahlul Bait Association) of Sampang. Tajul Muluk was elected as Chairman. In particular, Jalaluddin Rahmat present at this inauguration. The induction ceremony is done in IAIN Surabaya, and invited a number of prominent NU in Surabaya. Through these activities IJABI tried to make Tajul closer to NU figures in Surabaya so that in the future he leads the Syiah community was not opposed by NU clerics in Sampang. However, this effort seems to have little impact in the future. On October 26, 2009, while Ramadan, Branch Manager (PC) of NU Sampang held a meeting with the ulema and the Muspika of Omben District to discuss the existence of dakwah (preaching) activity of Tajul Muluk. In this meeting, the clerics who present once again states that the spread Syiah of Tajul Muluk is misguided. Under the circumstances of cornered, Tajul Muluk was forced to sign a statement that contains that he is willing to stop the activity of teaching of Syiah doctrine teaches in Sampang. That statement which is used to be a grip of clerics to press Tajul and to force him to immediately stop Syiah’s preaching activity and repent as well. Tention within villagers occurred in daily life. Non-Syiah residents often scoff Jamaah Syiah residents, such as do not eats kinds of food given to them, do not reply when greeted, and so on. There is even a couple divorce case happened because the hubby is Syiah and the wife is not. While hatred speech on Syiah was ongoing intensively, at the beginning of 2010, conflıct within Tajul Muluk and his brother, Rais al Hukama happened. The conflıct ıs caused by the marriage of Tajul and Halimah (16), his

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neighbor without any confirmation to Rais. Halimah is a student of Rais. Rais was angry and felt not appreciated by Tajul because as a teacher, he entitled to determine mate for Halimah, not Tajul. That gossip developed that Rais also put his heart also on Halimah. After that incident, Rais hates Tajul, and then Rais becomes the enthusiastic person who calling for hatred, hostility and misguided on Syiah teachings.

[3] The Eviction of Tajul Muluk Momentum of of violence attack on Syiah Sampang community always is done when their religious activities held. After the many time threats pointed to them, then the violence threat developed to evict them from their places. The first object that evicted is Tajul Muluk, the cleric and leader of Syiah Sampang community. On February 21, 2011, the Syiah resident in Omben plan to celebrate commemoration of Prophet in Pesantren Misbahul Huda. Lobbying began to started, word got out that this activity will be implemented when the thousands of Sunnis to attack and burn the houses of citizens Syiah. Hearing that threat, he does not dither, he determines to remain held that maulid in his pesantren. The invitations and proselytizes from outside the city invited to enliven that event. Just as the day of the Maulid, which is on February 21, 2011, thousands of anti-Syiah masses derived from at least nine villages in Omben and surrounding, besiege the streets of the entrance to the village of Karang Gayam. Hundreds groups of invitation to the location of the event still be blocked when will be entering the driveway to Desa Karang Gayam and forcing them to return home. Not only that, the streets are mounted wooden barrier, drilled and plated large boulders or similar vehicle or cars can not pass. Rais, who once was one of the main leaders in Syiah Sampang, had changed course, became the leader of anti-Syiah masses. In the pamphlets and letters submitted to security and government of Madura Ulema Gathering Body (BASRA) stated as the responsible party in mass mobilization. Through a signed petition of local figures, this anti-Syiah group state some demands, such as:

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1. Tajul Muluk out of Desa Karang Gayam and leave the area of Kabupaten Sampang. 2. Tajul Muluk is forbidden to spread his teachings. 3. If those demands not be fullfiled, so Tajul Muluk will be evicted forcely by the people of Desa Karang Gayam. By the reasons of security, the security forces eventually cancel that event, and finally the mass was well dispersed. However, their demands have not been successful. Demonstrations and mass mobilization was continued. At noon, on 2 April 2011, hundreds of people from Desa Karang gayam and Blu’uran move towards to Tajul’s pesantren. To the police, they claim that they convey Tajul Muluk had to get out of that village at the same time, or his pesantren will be burned. Unlike the incident in February, on this time police officer confirmed to Tajul Muluk, that the security forces are not able to provide security against Tajul and his family. The police asked Tajul to be willing to go out of the village, and police provide Sampang Police Office as a temporary place for him.6 There is no option for Tajul, finally he is willing to accept the offer of Police. Since then, this case received special attention from the officials concerned. A number of meetings among government and security forces deployed to find solutions to problems. It seems that the problem solution that become a choice of Sampang government and police are not much different from the demands of anti-Syiah group. In a meeting held every option taken is to drive Tajul Muluk of the house and the native village. Tajul said, one by one of the Government officials and the Police of Sampang always give advice to Tajul willing to leave his village and temporarily live out of Madura until the situation become subsided.7 Finally, because there is no other choice for Tajul, so on April 30, 2011 in Social Welfare Office of Kabupaten Malang in gathering meeting with Assistant I of Provincial Government of East Java and the official of IJABI East Java, Tajul agreed to to temporarily live ouside Madura for one year. He chose to live in Malang. In this meeting, the Assistant I of Provincial Government of East Java stated to reimburse the payment of house rent Rp.10.000.000 and living cost for one year which the amount has not determined yet, but later the Provincial Government (Pemprop) of East Java allocates 50

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million rupiahs for living cost budget of Tajul Muluk for one year ahead.8 After succeeding to evict Tajul from his village, the clerics and Sampang Government continuously held meeting to legitimate Syiah as misguided teachings. On the beginning of July, 2011, Tajul got informations that the situation of Desa Karang Gayam has returned to normal, so that on July 24, 2011, he went to his homeland. The news about Tajul return home was known by people surrounding. And tomorrow, on July 26, 2011, hundreds of masses back to besiege the house of Tajul Muluk and threat to burn that house also. Then, for second time, Tajul Muluk was secured by Police of Polres Sampang. About a hundred residents of Syiah then picked up Tajul to be requested to home to Karang Gayam. The Police did not allow that request and did not want to guarantee the security on Tajul. Last, Tajul refused his willing to return back home and decided to get back to Malang with determining his self and his jamaah’s safety.9 To release longing on his family and students, Tajul tried to return home many times, but it seems that he cannot accepted by the residents in his hometown. On August 7, 2011, while Tajul get back to his village to celebrate Ramadhan with his family, some of police officials immediately pick him up to be brought and guarded to his rent house in Malang10. Then, finally Ustadz Tajul Muluk had to leave his family and students for his family and students’ security from violence attack threat. In the future, Tajul will realized that his choice is vain, because even he had left his hometown, the violence will stay happens and cannot be prevented by government and security personnel.

[4] The Eviction of Whole Residents of Syiah Even Tajul Muluk had been evicted from his homeland, but the violence threat on him, do not be stopped. The attack threat that pointed to Jamah Syiah and Pesantren Syiah is continued to happen. On December 20, 2011 in Dusun Gedeng Laok, the house of Muhammad Sirri, one of Syiah followers and being of Tajul’s relative, was burnt by masses. There’s no victim on this incident. The police cannot found the doer of that burning. The climax happened on December 29, 2011. Hundreds of masses came and

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besieged the Pesantren of Misbahul Huda and ready to burn that Syiah pesantren’s building. To avoid that clash and victim, Ali, the cleric who replaces Tajul teaching in Pesantren asked his students that spend the night in Pesnatren to go back their own homes. The wife, children and mother of Tajul who live in that pesantren’s area avacuate to their neighbor’s house that located about 200 metres from Pesantren. Iklil al Milal contacted the Police and asked security. Police actually heard the plan of that attack, because the day before, police informes about that violence threat to him, but in the morning, Iklil just saw two police personnels there. At around 09.00 WIB, masses amounting 500 people besieged pesantren. They destroyed and burned the pesantren that contains house of Tajul, small mosque, rooms of students, class room, and a small grocery shop. Not satisfied to their acts, mass moved to house of Iklil Al-milal that locates around 1,5 km from pesantren and Syaiful’s home (brother of Tajul) in Dusun Solong Berek Karang Gayam that located around 1 kilometres from pesantren. Those two houses were burned and destroyed until crushed to the ground, not only that, the house of Suhairi, the followers of Syiah who just came from working as a labor in Malaysia, also looted by masses. According to Kapolres Sampang AKBP Solehan, while the incident happened, he and some police personnels could not prevent mass’ anger that came with weapons and their numbers more that the police officers11. Base on Syiah resident’s recognition, part of perpetrators used facepieces, another part of them who followed to attack can be recognized, seems came from outside the village. It seems that police officers not tried to preventing that destruction and burning actions, contrarily to evacuate Syiah residents out from their homes and brought them into Sport Arena (GOR) of Wijaya Kusuma that located in centre of Kabupaten Sampang. GOR Wijaya Kusuma is a closed Sport Arena which is used for badminton and tennis only. At that day, about 306 of Syiah residents from Desa Karang Gayam and Blu’uran evacuated to that place. Most of them are women, children, and babies. According to Syiah residents, this evacuation holds on the instrunction of police officials and village apparatus. They left homes without time

86 STAGNATION ON FREEDOM OF RELIGION to prepare anything. Because along stay in that place, they did not bring adequate supplies, just the clothes they wore. A day after, the Regent of Sampang, Noer Tjahja explained about the government’s response on this case. Pemkab stated that the mass violence trigger is two cautions, namely: internal problem and religion blasphemy as stated by MUI Sampang. In the future, Pemkab will sort out Jamaah Syiah which is fanatical or not. The fanatical one will be transmigrated to outside of Madura islands and those which are lay will be asked to repent. Since the beginning, Pemkab have show its response, not willing to protect Syiah residents, and more that that, Pemkab Sampang positioning Syiah residents as the problem source that must be ‘evicted’ from Sampang or ‘to be repent’ to leave out of their beliefs. The goal of Sampang government to evacuate Syiah residents to Sport Arena of Sampang is not only to secure the residents of Syiah, but more than to harassing and insulting the residents of Syiah, to show of people in Madura that Syiah is an evil cult and misguided, forbidden to develop in Madura. On the first days, at this circular building the refugees just sleep on the floor with mat repose, carpet or carton. The blanket and sleeping materials just accepted by refugee one week after relief consignment from Surabaya arrived. The refugee was forbidden to make public kitchen, but foods that given to them for three times a day just a packet of rice with salted fish and a quarted of fried egg. There is no enough water or health adequate facility. All are limited and under the tight monitoring of security personnels. The government of Sampang as uses Sport Arena of Sampang jusy to be concentration camp for Syiah residents.

Outside the refugee place, the situation is getting worst. On January 11, 2012 Bakorpakem of Sampang issued decision that stated Syiah is misguided. The decision of Bakorpakem Sampang was published in Radar Madura magazine exclusively. The Syiah refugee surprised about this decision, they haven’t get a clarification from Bakorpakem. All of information that compiled by Bakorpakem apparently did not involved member of Jamaah Syiah Sampang, or Syiah community outside Sampang. After that issued decision of Bakorpakem Sampang, seems that institution

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“satisfying” the anti-Syiah groups in Omben and surrounding. Some of Sampang functionaries stated, by issuing this decision of Bakorpakem, so the situation of conflict area can be controlled. The residents of Syiah must be repatriated from evacuation place, and then Ministry of Religious Affairs and the clerics should be preaching to ask the Syiah followers to repent. On January 13, 2012, the government of Sampang decided to repatriate Syiah residents from evacuation, but forbid the fourth of Syiah leaders, Tajul Muluk, Iklil, Syaiful, and Ali come together with the people. The repatriation process was done dramatically, within the harsh treatments from Pemkab functionaries and Ministry of Religious Affairs of Sampang which escorted by Public Order Agency (Satpol PP), Police Department, and Kodim, the refugee forced to go out from the Sport Arena. Feels treated so despicable, residents of Syiah refuse to use transport facility given by Pemkab and prefer to take on the truck given by volunteer corps. Since January 13, 2012, the residents of Syiah return back to their village. For a while, the situation of the village is secure. But, they cannot doing worship freely like before the incident happened on December 29, 2011. The pesantren was destroyed, the clerics forbidden to return homes, though the mosque of the village that became house of worship for residents of either Sunni or Syiah, cannot be used anymore for Syiah discriminatively. The residents of Syiah who worship in the mosque should do prayer by following the worshipping manner of Sunni. Every religious preachings always contains about persuation to leave Syiah teaching and shift to Sunni. But, seems the effort of shifting that belief of Tajul Muluk’s followers from Syiah to be Sunni has no significant improvement. Even they have been blasphemed and accused misguided, and forbidden to worship openly, the Syiah residents are still with their belief. This firm attitude of Syiah residents trigger more strict reaction from surrounding figures who recognized as anti-Syiah. And the local government of Sampang also not performed any efforts to facilitate a dialogue within those both parties. Finally, the violence rehappened. On Sunday, August 26, 2012, still in situation of Lebaran Day, thousands of anti-Syiah

88 STAGNATION ON FREEDOM OF RELIGION masses attacjed and burned house of Syiah residents. The trigger of that incident is when the residents of Syiah accompany their children to go out the village to return back to pesantren after their holiday of Lebaran. For students of Junior High School (SLTP) and above, generally the Syiah children study in several pesantren Syiah which located outside Madura. For figures of anti-Syiah, this situation cannot be tolerated because those children after graduated their study will return back to the village and they will be the spreader of Syiah teachings, for that they tried to forbid the children delivery to study to pesantren or schools of Syiah that located outside Madura. Hundreds of anti-Syiah mass that led by Ustadz Bahrudi, Muklis, H. Abdul Malik, Saniwan and Yusuf converge in Dusun Goa Desa Karang Gayam to block the entourage of Syiah residents while shouting ‘where will the unbelievers go?’ To avoid clash, some of Syiah resident returned back homes. Not long after, through the loudspeaker of Jurujuh Mosque came a shout “for all of muslims to go out of homes and fight Syiah people”12. After hearing that shout, mass of Sunni become more in numbers. They brought sickles, machetes, crowbars, ax, and another hard instrument then they besieged the Pesantren of Syiah which had been burnt already. This pesantren just remind a building that measuring 5 x 4 meters that inhabited by Tajul Muluk’s family and at that time also become a place for all of Syiah resident to flock. Cannot stand to be harassed and insulted, the residents of Syiah tried to fight. The incident of throwing stones occured, a number of people from both sides injured. Through the musholla and mosque loudspeaker voice calls back to the Sunni groups that are heard in all corners of the village, “To all Sunni, should fight/ war the Syiah, there are many Sunnis injured”and “and to be asked for all of Moslem of Sunni go out of home and fight Syiah now.”13. After that provocative shout was heard, thousands residents of Syiah gathered together and attacked. Victim who died is from Syiah side, Moh Hasyim who is known as Pak Hamamah, 52 years old. He died bloody with stab wounds and blows, and there are dozens of people injured also. After defeating opposition on Syiah residents, further anti-Shi’ah residents attacked, burned and destroyed 49 homes of complex

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consisting of at least 130 units of building or more. Police officers were powerless to prevent this incident occurred. Finally, in the early evening about 284 people of Syiah, which consisted of 179 male adolescents and adults, 56 female adults, 36 children of under 15 years, 9 toddler, 3 elderly people, and one person seriously injured victims were evacuated in GOR Sampang. Situation in Sampang GOR is not much different from the first time they fled in early 2012, the facilities are very limited and not worth it. Syiah refugee condition somewhat helped by the support and solidarity of various civil society groups that are concerned about this case.

[5] Minus Justice Law: Criminalization of Tajul and Law Enforcement over the Violence Perpetrators Currently, Tajul Muluk was arrested with a sentence of four years in prison. Tajul Muluk criminal case is the most vulgar form of criminalization of minority groups that exhibited by the Indonesian law enforcement institutions. Officially, Tajul Muluk was named as a suspect on Thursday, March 15, 2012 by the Regional Police (Polda) of East Java as a continuation of the report from Rois al-Hukama for alleged violation of Article 156a of the Criminal Code on defamation of religion, and Article 335 of the Criminal Code of unpleasant acts. Determination of the suspect was done y police investigator from Polda of East Java without any accountably investigation process going through the East Java police investigation process accountable, so hasty and inadequate evidence. And the filing process on the case of Tajul, also run so fast until to be tried in the District Court (PN) of Sampang. The insistence of some anti-Syiah figures, play a major role in directing the process of handling the case. As suspected by many parties, the trial of Tajul in Sampang District Court is just a farce. Surely the judges who investigated the case had made the prior decision before the trial process, and that trial process is totally useless. Despite what was accused on Tajul cannot be proven behind the court, but the judges on the pretext said that Tajul and witnesses was on taqiyah (perjury)14 so that all witness’ and Tajul’s testimony not be considered by the judges. The

90 STAGNATION ON FREEDOM OF RELIGION court did not prove any allegations of Tajul at all, but on July 12, 2012, the judge still decided Tajul guilty and punished him with a two-year sentence over the charges of teaching and having different the holy Qur’an that followed by the Muslims in general. Worse than PN Sampang, Surabaya High Court judgment on Tajul worsened to 4 years, and again with the ridiculous and irrational considerations. Surabaya High Court on 20 September 2012 Tajul aggravated punishment for assessing the activity of Tajul that become the trigger of clash in Sampang and cause one person died. And, the last Supreme Court decision also reinforces issued by the High Court of Surabaya. In contrary to the more enthusiasm of the Court to judge Tajul Muluk eventhough within the irrational legal consideration, tho court was precisely issuing the lightly punishment to the perpetrator of violation on Syiah. On April 10, 2012, the District Court (PN) of Sampang just decided punishment of 3 month 10 days for Musikrah (50 years old) the suspect of burning case on house of Syiah’s leader and the pesantren of Syiah on December 29, 2011. The District Court of Surabaya punished 6 suspects of assault against Syiah pilgrims community on August 26, 2012, tey are Mukhsin aka Tamam Bin Mohamad Rowi 10 months in prison with concerning the article of beating, Mat Safi bin Misnoto with 1 year 6 months in prison with concerning the persecution article, Saniwan aka Muhriyah 8 months with concerning beating article, and Saripin 8 months in prison with concerning beating article. And Rois Al Hukama who suspected as the main defendant precisely just punished free on April 16, 2013. And Hadiri aka Hosen punished as murder defendant against Hamamah, with 4 years in prison. In this case, it appears that the legal institutions fail completely impartial and objective position. Court, to the Supreme Court level so excited punished Tajul Muluk even with silly and irrational legal considerations, however, weak and powerless to punish the perpetrators of violence. In vulgar justice judiciary showed far astray from the principles of accountability for the realization of justice.

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[6] Violation by State after Second Attack Since the second attack on Syiah pilgrims, on August 26, 2012, a series of violations continuously faced by this group during their stay in the evacuation. Such violations can generally be grouped into several forms: 1) the negligence of the state in fulfilling the basic rights of Syiah pilgrims during the evacuation; 2) forced to shift the beliefs; 3) hate speech are left unchecked by the state apparatus that gave birth to the various types of bullying that was never completed; 4) forced evictions, and; 5) impunity for actors behind violence against Syiah pilgrims, both in the case of Sampang I, December 29, 2011, and in the case of Sampang II, August 26, 2012.

a) State Negligence in Fulfilling the Basic Rights Since August 26, 2012, jamaah Syiah have been forced to evacuate in GOR Sampang. Until June 20, 2013, jamaah Syiah refugees remain in GOR because there is no security and there is no solution given by the Pemkab Sampang, East Java to them. For 10 months they persisted in GOR, before they were finally expelled and forcibly transferred by the Pemkab Sampang and Provincial Government of East Java to the Wisma Rusunawa Puspa Agro Sidoarjo on June 20, 2013. Since December 2012 and early January 2013, the supply of food for Syiah Sampang refugee has been discontinued by the Pemkab Sampang and provincial government of East Java. About 165 people of jamaah Syiah Sampang living in the camp that consisted of 56 adult males , 61 adult females, 19 children and 28 infants, forced to eat and to survive with the help from various non-governmental organizations. The reason of termination of food supply is often because of the budget for refugees are depleted. This reason for sure is difficult to be accepted factually, donation for refugees even necessarily through the Pemkab Sampang. Despite occasional food supply is sometimes given, but the policies that developed by Pemkab Sampang Regency intentionally intimidated by stopping the food supply. Intimidation intended to suppress the jamaah Syiah willing to be ‘relocated ‘, or to receiving the option of shifting back on Sunni teachings. Terror to cut off

92 STAGNATION ON FREEDOM OF RELIGION supplies of food, clean water supply, electricity supply is always done to create panic for jamaah Syiah during their stay in the refugee camp. As a result of this policy, guarantees of their lives feasibility day by day become more and more alarming. Health insurance is no less alarming. Since the beginning of January 2013, the government also did not provide access to medical facilities and health, thus health condition of refugees become deteriorating. Many children are stricken by the disease during the change of seasons. Free medical facilities have also been stopped since December 26, 2012. Fact, the police custody by Sabhara Polda of East Java has been withdrawn since January 1, 2013. Moreover, the learning activity of emergency school for the refugee children also quit after the final exams in 2013. Since the first time living in refugee camps, jamaah Syiah are always conditioned of deprivation and panic. The government deliberately created this situation to intimidate and to impose option for relocation and shifting the belief. b) Force to Shift the Belief The violation in the form of coercion shifting belief against jamaah Syiah, also continues to dye the case of Sampang since the attack incident on August 26, 2012. Few of Syiah families that still survive in Desa Nangkrenang and Karang Penang, is continuously being the targeted activities ‘repent (pentaubatan)’ conducted by Pemkab Sampang together with the power of clerics and Islamic organizations. A number of religious leaders along with Polres Sampang, Ministry of Religion Affairs of Sampang, Bakesbangpol, Police Mobile Brigade of Polda East Java, and sub-district Chiefs, actively forcing a number of Syiah families that still survive in the village to make a statement to out of the Syiah. In the statement that was signed and witnessed by a number of officials and local government officials. There are at least nine Family Heads who claimed to have been pressured and forced to sign a statement of out of the Syiah. The coercion of shifting belief is indeed continuously experienced by Jamaah Syiah that had taken refugee. After they

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are forcely evicted from GOR on June 20, 2013 and placed in Rusunawa Puspa Agro, East Java Pemprop together with Ministry of Religious Affairs are actively socialize reconciliation scheme and repatriation return to their homeland. The refugee always be promised could be return home to their homeland with a strict requirement to leave their belief and become the Sunnis. The effort to create this ‘repent’, is continuously to dye the reconciliation issue and repatriation of Syiah refugee. This issue was always forced by MUI of East Java, MUI Sampang and Islamic Boarding School and Ulemasin Madura (Bassra).

c) The Omission of Hate Speech The assault and many kinds of violence that experienced by jama’ah Syiah Sampang began from the hate speech tokoh of the local ulema which gradually allowed by the government. After being forced to evacuate to GOR Sampang, the hate speech on Jamaah Syiah is not abated too, indeed it is allowed by the government to smooth the forced evicting scheme the jamaah Syiah from GOR Sampang. Several days before forced eviction that occurred on June 20, 2013, all of Desa Sampang had been spreaded a pamphlet about istighosah praying on that day. That program was inisiated by Bassra and MUI of Sampang. The pamphlet explisitely agitated people of Sampang to involve in action to refuse Jamaah Syiah to stay in Sampang. Since the beginning Police and Pemkab Sampang tried to mobilize the masses in large number. Police allowed that event, eventhough they knew that that event was held to raise the power of mass in order to evict Jamaah Syiah from GOR Sampang. Polisi and Pemkab not doing anything, moreover they became part of the plan of Bassra and MUI. This is proved by the persistence of Sampang Police and local government in suppressing the Jamaah Syiah to leave the GOR and willing to be relocated, since the date of June 19, 2013, the day before istighosah was held. When istighosah was ongoing, religious figures from representative of MUI Madura and Bassra, turns to giving speeches and calls them together, that is ready to do anything for making Jamaah Syiah are not longer exist in Sampang. During istighosah event took place, of hate speech and violence continues echoed the

94 STAGNATION ON FREEDOM OF RELIGION call in front of about 8000’s mass packed the GOR Sampang. At the event, K. Ali Karrar was openly calling for violence when Shiite pilgrims would not be moved from the GOR Sampang.15 d) Forced Explusion from GOR As already explained before, all the intimidation, hate speech, and negligence of the government over the fate of refugees of Syiah Sampang, it just part of a government scheme to forcibly displaced Syiah from GOR Sampang to Rusunawa Puspa Agro Sidoarjo. This plan has even proffered by the provincial government of East Java in the early months of when Jamaah Syiah at the first time evacuated to GOR. This scheme peaked on Wednesday, June 19, 2013. Through Bakesbangpol, Police Sampang District Government (Pemkab) of Sampang directly called Ustadz Iklil al- Milal and visited refugees in Sampang GOR to pressure refugees to leave the GOR. The cleric, Iklil al-Milal picked up by the police to meet at the Police Sampang. At the police station, he was faced to the representatives of Sampang Regency, especially from Bakesbangpol, and a number of religious leaders. Together with Chairman Bakesbangpol, religious leaders, Polres Sampang forced Ustadz Iklil to be willing to accept demands for Syiah refugees leave GOR at that day. Neither the Chairman nor the Chief of Police Bakesbangpol argued that on Thursday, June 20, 2013 the yard of GOR Sampang will be used for holding an event anti-Syiah istighosah. The event was initiated by Bassra. The government also expressed fears of violence if the refugees remained in the GOR. For sure, this fear is unreasonable because the district government itself which gave permission to hold the event the istighosah. On Thursday, June 20, 2013, the Vice Regent of Sampang, the Head of Bakesbangpol Sampang, the Head of Dinsos, the Head of polres Sampang, and the Head of Polda East Java came to GOR. At the same time, the mass start to come by riding the pick up car and trucks. About 8000 peoples including children and woman entered the field of GOR. Whlist, outside the GOR, istighosah is characterized by oration from seven representatives of ulema from Sumenep, Pamekasan, Bangkalan, dan Sampang. The contents of

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those ulemas are almost same, that is refusing the teachings of Tajul Muluk and requiring Jamaah Syiah out of Madura. At the same time, the representatives of Pemkab and Police continuously pressure the clerics of Iklil and Ummi Kultsum (wife of Tajul Muluk) to sign a statement to willing to be relocated representing the refugee. Representatives of local government (Pemkab), police, and seven ulema do not stop intimidate and suppress Iklil and Ummi Kultsum to sign a declaration accepting relocated. Although the two representatives of the refugees already looked in shock and could not speak, the pressure of the scholars and representatives of local government does not stop. Until finally the situation got worst, Ustadz Iklil pulled her up by Kyai Ali Karrar. In an increasingly turbid situation, finally Ustadz Iklil was unconscious. Representatives of Pemkab and police eventually forced the refugees to pack up immediately. Buses and trucks have been prepared by the police. Ustadz Iklil was already taken first by ambulance to the flats Puspa Agro Market, Sidoarjo. At this location, Pemkab Sampang and East Java Provincial Givernment have been plan a location for Syiah refugee relocation since several months ago. All refugees eventually transported by buses and 3 trucks 2 police, and escorted by three patrol cars to the market Puspa Agro Sidoarjo. No fewer than 168 refugees forcibly expelled from the GOR, the last bastion of their homes after their villages were burned and anti-Shi’a mob on August 26, 2012. All refugees are finally transported by buses and 3 police trucks 2, and escorted by three patrol cars to the market Puspa Agro Sidoarjo. No fewer than 168 refugees forcibly expelled from the GOR, the last bastion of their homes after their villages were burned and anti-Syiah people on August 26, 2012.16

e) Impunity Another thing that characterizes a series of violations against jamaah Syiah is the institutionalization of impunity by the state. However some of the actors behind the violence against jamaah Syiah on December 29, 2011 was brought into the legal process, but they just accept very ligh punishment, and even the main

96 STAGNATION ON FREEDOM OF RELIGION actors of violence was acquitted by the court. Saripin, one of the actors of violence, was punished to only eight (8) months of imprisonment by the Judge of District Court of Surabaya. In the ruling, the Chief of Judge, Mustafa, stated that Saripin violates the Article 170 paragraph 1 of the Criminal Code and Article 187 of the Criminal Code. The verdict was as serious as the demands of public prosecutors. Meanwhile, the main actors are always involved in the overall violence against jamaah Syiah, Rois al-Hukama even acquitted by the judges. The facts show Rois field was behind the entire series of violent Sampang December 29, 2011, but the court failed to prove it. Wednesday, April 16, 2013, to ending the Surabaya District Court trial of the perpetrators of the violence against the jamaah Syiah in Sampang, with the reading of the verdict against Rois al-Hukama. In the verdict, the panel of judges, that chaired by Syarifudin Ainor Rafiek, SH., MH., said that Rois al-Hukama (36) acquitted from all charges of committing acts that accused by the public prosecutor. In the trial, the public prosecutor has demanded Rois al- Hukama for 2 years in prison, because he is proven to perform the acts as charged, namely Article 338 of the Criminal Code, Article 354 paragraph (2) of the Criminal Code, Article 355 paragraph (1) of the Criminal Code, and Article 170 paragraph (2) and paragraph (3) of the Criminal Code. But the law says paradoxically, only able to find the perpetrators of the field, while the intellectual actor was not identified. Advocacy Working Group on Freedom of Religion/Belief (WG AKBB) of East Java that monitoring the trial record the various peculiarities of the decision of the judges. First, the judge who presided at the trial the defendant Rois al-Hukama named Syarifudin Ainor Rafiek. He is a former Chairman of the PN Bangkalan. Based on information compiled by the Working Group AKBB team in Surabaya District Court, Syarifudin Ainor Rafiek just reassigned to the Surabaya District Court after the attack on August 26, 2012. That finding indicates that the appointment of the Chief of Judge Panel has indeed been directed to side with the perpetrators of violence. Second, the judges did not use a sworn translator in

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examining witnesses who can not speak Indonesian. Noted, almost all witnesses testify using Maduranesse language. Third, the judges ignored the testimony of the witnesses that incriminating Rois al- Hukama. For example, the testimony of Umm Hani (sister of Rois Al Hukama) and the testimony of the Ummah (Mrs. Al Hukama Rois) are not included in the consideration of the decision. The two witnesses conclusively said that Rois through the speakers of the mosque chanted, “The Muslims and the Moslem faith, let us gather in the house Tajul Muluk.” Fourth, the questions posed by the public prosecutor against the witnesses who incriminate defendant Rois, are very weak. Prosecution asks only related to the motive behind the attack on Jamaah Syiah Sampang. In fact, the motive is not a legal fact that can be used as evidence in the court. Fifth, the public prosecutor is also weak in the proof, for example, when Rois has provoked citizens charged with using mosque’s loud speaker, the prosecutor did not submit evidence in the form of the mosque’s speaker during the trial. Sixth, the public Public Prosecuting Attorney (JPU) is not serious violent offenders. Evidently, the JPU chose to use alternative charges compared with cumulative charges. If the JPU is serious to prosecute perpetrators of violence, he should be determining coated article by selecting the cumulative charges. Another gaffe, the letter charges prosecutors of the trial the defendant Rois Al Hukama very weak legal basis. Prosecutor uses clauses, under penalty of mild (Article 170 of the Criminal Code), whereas Rois is one of the intellectual actors behind the attack against Jamaah Syiah Sampang. Beyond all that, though the indictment clearly stated Tjahja involvement Noer, former Sampang Regent participating congregation foster hatred against the Shiite community in Sampang, but the Police so far have not caught him and set the former Sampang Regent as a suspect. Another infelicity is the letter of indictment of Public Prosecutor on the trial of defendant Rois al-Hukama that very weak legally. The JPU used articles with light legal punishment (Article 170 Criminal Code), whereas Rois is one of the intellectual actors behind the attack against jamaah Syiah Sampang. Beyond all that, though the indictment clearly stated Noer Tjahja involvement, the former Sampang Regent participating congregation foster hatred

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against the jamaah Syiah in Sampang, but the Police so far have not caught him and set the former Sampang Regent as a suspect.17

[7] Peace Effort and Conflict Resolution Terms resolution is the desire of both parties to engage in dialogue and sit together to find a solution to solev a conflict. In the case of Sampang, this condition is rather difficult to fulfill especially adamant opponents still reject, although the opportunity was still there. One major obstacle of reconcilitiation is the lack of state support in facilitating that reconcilitation, even local governments (Sampang and East Java) seemed more aligned to the anti-Syiah majority. Though the central government in this regard Kemendagri ever meeting of the parties to facilitate settlement of this problem also recommend to the Regional Government.18 Nevertheless, there are opportunities of the attitude of some people who had been directly interact with jamaah Syiah Sampang are relatively not make any differences.19 To encourage more assertive central government in carrying out its obligations to restore the rights of the victim, then on June 1, 2013 a number of ten residents Syiah Sampang accompanied by KontraS riding bicycle from Surabaya to Jakarta to meet with the President, they arrived in Jakarta on 16 June 2013. Along the way they get a lot of sympathy and support from community groups. Public outcry for the government to make the government of Sampang seem to be panic and take the distance to the civil society organizations involved in this case advocacy. The climax of this action occurred on June 20, 2013, with the approval of Sampang regency of East Java provincial government forcibly refugee camps of GOR Sampang to Jemundo towers in Sidoarjo. Protests from many people did not seem to change the attitude of the government. From Jakarta, the hope seems to re-appear. On July 14, 2013 President Susilo Bambang Yudhoyono met ten refugees representation at his residence in Cikeas. In this meeting Yudhoyono promised to restore the rights of victims and even promised to lead directly reconciliation meeting with the parties related to the events of the attack. Unfortunately up to now, he has not been able to realize that promise.

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Reconciliation efforts undertaken by the government seemed giddy and still far from the expectations. The reconcilitation coordinated by Prof. Abdullah A’la who is the rector of IAIN Surabaya running slowly, and without a clear scheme. Dialogue on the community level, between Syiah and Sunni never be run by the government. Meanwhile, the initiatives initiated by civil society groups suspected it as an attempt worsen the situation. East Java Governor stated that in December 2013 it has allocated Rp 2.5 billion from the budget in East Java to build about 150 houses for the relocation of the Jamaah Syiah in Sampang, but up to this writing not yet clear when the governor’s promise will be realized. Conflict Resolution in the case of Sampang seems still to not find clarity when it will be achieved. From the beginning, the main cause of the protracted resolution of this case is due to lack of commitment by the state to protect the minority of Syiah in Sampang. As long as the government has not changed his attitude, then the suffering of the victims seems will not be ended yet. Advocacy efforts of civil society groups are still very necessary to put pressure on the State to be more committed to Constitution promises.

B. Dissolution of Ahmadiyah in Bekasi 20 The Plurality21 of citizens in Indonesia is a social fact that must be accepted, recognized at once requires serious treatment mechanism by the state at the central and local governments. The diversity of cultural background, ethnicity, race, political orientation and religious beliefs as well as other differences are that the situation could not be avoided even become a necessity in the archipelago. The presence of the government’s role in dispensing the formulation synergy of diversity is in the strategic position. Heterogeneity is a right that is nonderogable in perspective of human rights and constitutional rights as affirmed as in the Constitution, the UUD NKRI 1945. Diversity that has become the reality of Indonesian nationality atmosphere long before the independence containing of social and political risk load heavier than the burden that must be faced multisector homogeneous society. The nation construction consisting of clavages or clustered on the

100 STAGNATION ON FREEDOM OF RELIGION basis of religious, ethnic, regional and primordial social strata are not a single, possible threat to be destructed and broken easily.22 Anti-diversity attitudes and denying religious interpretation beyond belief as fact the majority of the social dynamics that have constitutional guaranteed tend to have “special position” of public space in Bekasi. Stakeholders ranging from local government, police, parliament Bekasi, religious leaders and other instruments as well as the community together demonstrate the intolerant actions. Stakeholders from local government, police, regional-representatives of Bekasi, religious leaders and other instruments as well as the community are together to perform the intolerant actions.

Chief of Pondok Gede Police Office, Bekasi, West Java, Kombes Dedy Tabrani seems talking to a member of Ahmadiyah from behind the gate of Al-Misbah Mosque which was sealed from outside on April 5. Officers tried to persuade the members to leave mosque. (Antara/Widodo S. Jusuf)

[a] The Discrimination Target: Minority The minority group of religious/beliefs in Bekasi get discriminative attitude and often become the target of violence in the name of religion. Ahmadiyah community and the Christian pilgrims become vulnerable groups that mostly often the victims of anti-diversity attitudes and expressions of the religious practices

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of the majority interpretation. Intolerant group received the full support of local stakeholders in Bekasi. The presence of the Ahmadiyah community in Indonesia, especially in Bekasi is still not treated as fellow citizens surrounding who have the the equivalent righst to run for therir religion/belief. A series of discriminatory treatment and intolerant actions become that never ended burden. Moreover, the anti-diversity in Bekasi gets the formal “permit” from local government. It was proven on February 14, 2013 at the Masjid Al-Misbah on Jalan Pangrango Terusan No. 44 RT 001/RW 004, New Jatibening, Pondok Gede, Bekasi, forbidden to be a place of worship. Prohibition is done because there is a threat of intolerant groups that plans to close the town by force if the government does not act. Related the banning of Ahmadiyah religious activity and sealing this mosque, Bekasi mayor, Rahmat Effendi does argue that what he was done in order to create and maintain a social life in the region conducivity and guide people to worship according to the law correctly. The statement of Rahmat clearly seems about his subjective preference is not to dissolve in the authority and function as state officials are supposed to cover, to protect, and to serve protection for all citizens. Besides that, it looks at all the mayor’s inability to implement the provisions of the state constitution, and prefer to defer to the interests and willingness of the majority. In addition, the state is represented by local government leaders in Bekasi chose to homogenize religious/belief to the niche very deep and personal (internum forums).

[b] The Sealing of Ahmadiyah Mosque Sealing executions of the mosque carried out by the joint personnel of Polsek of Pondok Gede and the Public Order Agency. When this occured, there are some representative elements of Pemkot Bekasi and the Inter-Religious Harmony Forum (FKUB) of Bekasi. After sealing execution, the Pemkot of Bekasi tried to solve that religious conflict in his region through dialogue way. In that meeting, are attended by representatives of FKUB of Kota Bekasi, Section of Kesbangpolinmas, Indonesia Ulema Council of Kota Bekasi and Public Order Agency and also representative from 102 STAGNATION ON FREEDOM OF RELIGION

Ahmadiyah. However, a forum initiated by the Pemkot Bekasi not find an aggreement, even Ahmadiyah representatives is cornered and got the “punishment” unilaterally. Half-hearted dialogue is then followed by the sealing action of the Ahmadiyah mosque again, on March 8, 2013. Like the previous sealing execution, mosques marked with boards to ban Ahmadiyah activities to include “the harmony regulatory”. Dissatisfied with the sealing and therefore still used by Ahmadiyah mosque for worship, on April 4, 2013 Pemkot Bekasi decided to permanently seal the ring-fence around the mosque using zinc. As a result, 36 Ahmadiyah who were in the mosque could not get out. Meanwhile, outside the church do not have access to freely use the mosque. The situation of religious restrictions experienced Ahmadiyah Bekasi also felt when they wanted to carry out the Friday prayers, the mosque used for no longer allowed to be used.

[c] The Legal Framework of Intolerance Intolerance and abuses acts committed by local government, police, regional-parliament of Bekasi, religious leaders and other instruments as well as communities in the affiliated intolerant movement claimed by them is appropriate with the law. They get justification and “contribute to enforce” mandate of existing laws. Official legislation that consistently became the reference and basic by state actors and non-state actors are: 1) Joint Decree of the Minister of Religious Affairs and Minister of Internal Affairs (PBM) No. 9/2006, No. 8/2006 about the Task Guidelines of Regional Head/Deputy Head of the Maintenance of Religious Harmony and Empowerment Forum for Religious Harmony, 2) Joint Decree of 3 Ministries No. 3. 3/2008, No.199 and Verdict-033/A/JA/6/2008 about Warning and Command to the Believers, Members and/or member of the board members of Jamaah Ahmadiyah Indonesia (JAI) and Public Citizen, 3) The Governor’s Decree of West Java Governor number 12/2011 about warning, ban the teachings and activities of members of the Ahmadiyah,

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4) Perwali Bekasi No.40/2011 regarding the prohibition of activities of Ahmadiyah in Bekasi and fatwa of MUI. No.11/ MUNAS VII/MUI/15/2005 about Ahmadiyah stream. They continually make these discriminatory rules as the main reference and formal legal foundation in performing acts of intolerance and in obscuring conception of the constitutional guarantee of freedom of religion/belief for all citizens, including for the people in Bekasi.

[d] The Performance of Intolerance by Municipal Government In addition to forced disallowing to carry out the worship of the Ahmadiyah community by sealing the mosque, discriminatory practices by Pemkot of Bekasi also performed through publishing a book aimed at streamlining the creed and faith awareness that will be distributed to 100 Ahmadiyah Church and the wider community. Rahmat Effendi seriousness cares of this matter, and it is characterized by a proposal to the central government to act. He argued that the decisiveness of Yudhoyono’s policy will provide legal clarity positions of Ahmadiyah community in Indonesia. Dissolution of Ahmadiyah insistence by the Bekasi municipal government poured through the delivery of a letter dated June 26, 2013. As known, in response to the letter, the Central Government through the Coordinating Minister for Politics, Legal and Security, Djoko Suyanto, inviting Bekasi Mayor, City Council Chairman MUI Bekasi and stakeholders will discuss about problem in the city which as the Jakarta buffer. In a discussion meeting about the Ahmadiyah dissolution was also attended by of Ditjen Kesbangpol, Ministry of Internal Affairs, Directorate General of Islamic Guidance Ministry of Religious Affairs, elements of the Attorney General, Criminal Investigation Police, military representatives and BIN. Construction of houses of worship and religious practice implementation in accordance to his/her belief is inherent rights on freedom of religion/belief. But in the name of harmony, orderliness, Joint Decree of Ministry of Religious Affairs and Ministry of Internal Affairs No.9/2006, No.8/2006 about Task Guidelines of

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Regional Head/Deputy Head of the Maintenance of Religious Harmony, Empowerment Forum for Religious Harmony and Perwali Bekasi No.40/2011 regarding the prohibition of activities of Ahmadiyah in Bekasi, which is used to be guidance of house of worship establishment and religious practice restriction is precisely to institutionalize discrimination against citizens elements to build a house of worship and agree to justify the slaughter ideology. Repeatedly sealing against the Al-Misbah mosque owned by Ahmadiyah Pondok Gede, Bekasi founded on the basis of Task Order Letter No. 800/422-Kesbangpolinmas / III/2013 dated March 8, 2013 from the Mayor of Bekasi. There was no denying the instruction letter becomes lighter trigger of discrimination and violence that experienced by Ahmadiyah community in Bekasi.

This letter file then created as an object of administrative lawsuit action undertaken by the Ahmadiyah community. Advocacy team filed a lawsuit with the Administrative Court enroll in Bandung, dated June 5, 2013. Material lawsuit related to the mosque’s zinc fencing, locking and mounting boards seal in the mosque. After going through the trial process, Bandung State Administrative Court decided that the fencing of the mosque with zinc null and void, while others demands are rejected. A series of intolerance demonstrations towards minorities as like as the Ahmadiyah in Bekasi, are difficult to be accepted rationally through the constitutional democracy. The prohibition to worship according to the trust and confidence that performed by Pemok Bekasi reflects the weakness of constitutional commitments. Prohibition of worship run by the trust and trust of citizens is an act of deprivation of constitutional rights of citizens without exception who should get a protected place, fulfillment and promotion of government. The Pemkot Bekasi has ignored its functions and responsibilities in implementing regional autonomy. First, the creation of local governments to protect the public, maintain unity and harmony, Article 22 of Law No. 32/2004 on local government. Second, regional autonomy optimalization prepared to improve ease of access to services citizens. However, sealing the Al-Misbah

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mosque owned Ahmadiyah community in Bekasi describes a real lack of commitment of local governments to achieve the ideals of autonomy and defiance on the values ​​of the constitution.

C. The Tragedy of Cult in Aceh 23

[a] Phase I: The Rampage of Mass Mass rampage was going on at home Tgk. Aiyub Bin Syakubat, 46 years old, in Desa Jambo, Kecamatan Peulimbang, Bireun on Sunday, March 20, 2011. The incident began from the arrival of Fauzi Bin Muslem, 35 years old, resident of Alue Bie, Kecamatan Jangka, Bireun Regency, along with relatives to house Aiyub around 17:00 pm with a borrowed Isuzu Panther car owned Imran, a resident of Desa Sawang, Kecamatan Sawang, Kabupaten North Aceh. They intend to hospitality, was visiting Al Nur Khalisi Fi Alikhlasi (20 days) was born by Wardiah (32 years), wife of Tgk. Aiyub. In the house there were about 10 adults and three children Tgk. Aiyub. The names of the 10 persons, namely: Tgk. Aiyub, Fauzi, Bukhari, Zulkifli, Azhari, Nabhani, Wardiah (wife Tgk. Aiyub), Mukhtar, Edy, Abdul Muttalib, Al Mujani (11 years), Nailul Muna (8 years), Al Fazal (5 years), and Al Nurkhalisi Fi Alikhlasi (20 days). But at 21:00 pm, Syarifuddin come, 35 years old, and Sekdes Jambo Dalam Tgk. Roiyani M, 55 years old, the village priest, they claimed to have received reports that residents Tgk. Aiyub guest arrival. Both the village insisted that the decision by the village meeting Wednesday, on March 16, 2011, no person may see him unless the permission of the village, because he was punished as a person who spreading defiant faith. Syarifuddin was demanding Fauzi to leave home. The request was fulfilled, but only briefly. He just moved the car to the house Tgk Aiyub followers within 200 meters from the house. Meanwhile, around at 10:00 am the yard of Tgk. Aiyub’s house started crowded by the masses that came, at the same time also police officers also arrived in the location. Around 01.00 am, Monday, March 21, 2011, the rampage of the mass which led to burning and destruction of property could not be avoided, the existed police then provide

106 STAGNATION ON FREEDOM OF RELIGION protection to Tgk. Aiyub, cs. That was in order to prevent them to become the target of mass fury. Tgk. Aiyub, cs then taken to the police station of Bireun. At least almost for three days the community is led by Tgk. Aiyub that amount about 24 persons are in Polres Bireun to follow the inspection and to be secured from the raging mass. On March 23, 2011, Tgk. Aiyub, cs, followed the inspection process that performed by MPU Bireun, Plt. MPU. Tgk. Hanafiah who states that they cannot decide about the teachings of Tgk. Aiyub is misguided or not. This matter is based on the absence of concrete evidences that state that Tgk. Aiyub, cs misguided. The police as the investigator said that from the inspected evidences, such as the holy books or another reading references that owned by Tgk. Aiyub, cs not indicated that his teachings is misguided or deviate from the general habits of society. After that inspection process, then Pemkab Bireun asked the priest of Jami’ Mosque of Biruen, Tgk. M. Ishak to accommodate Tgk. Aiyub, cs to live there and at once give them advice as stated as by the Regent of Bireun, Nurdin Abdul Rahman to the public which than seems like confirming that the teaching spreaded by Tgk. Aiyub, cs, is misguided.

Masses look closer to burning scraps at the location where Tgk. Ayyub died burned by masses (atjehlink.com)

The message that delivered by MPU and police is clear, that the society or everyone cannot do the right claim with punishing someone or certain group of doing heresy. That labeling also can

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be performed in permitting ourselves to do anarchy acts, when it is so contrary to the values that embraced by the Moslem who loves peaceful, and compassionate each other. This is same with what is talked strictly by Tgk. Hanafiah, that to accuse someone is misguided, should be proven by the concrete and clear evidence and not accuse carelessly. On April 5 and 6, 2011, Tgk. Aiyub, cs repeat to follow the inspecting process for the second time, and on Thursday, April 7, 2001, the Ulema Representatives Council (MPU) issued a decision letter Number 451.5/002/2011, the contents is to determine that the teachings of Tgk. Aiyub tend to be misguided. The activities should be stopped in throughout Bireun. That verdict becomes polemic. Muspika pushed MPU to be strictly state that the teachings of Tgk. Aiyub is misguided. Tgk. M. Ishak, the member of MPU and at once being the priest of Jami’ Mosque of Bireun, stated that the decision is impossible to be revoked. MPU pushed the Muspida to take an action. On Tuesday, April 19, 2011, Tgk. Aiyub and his followers asked to sign on the statement letter to accept or to refuse the decision of MPU. Even Tgk. Aiyub agreed, but Dra. Anisah, the Camat of Peulimbang said that people refuse him to get back village. Except if he revokes his report on burning incident case that done by the mass which submitted in police office. On Friday, April 29, 2011, Muspida hold a meeting which attended by Muspika from four sub-districts. The result is, all of village instrument must accept the decision of MPU. Meanwhile, Tgk. Aiyub and followers, at that day, suppressed to confess that they have appears the unrest and presumption among society. Besides to as apologize to the society, he also must confess that will be back to the teachings which is commonly embraced by the people. But Saturday, April 30, 2011, a number of village officials issued a denial of the return of followers of Tgk. Aiyub namely Fauzi, Muslem and Imran. On May 1, 2011 all three were required to leave their villages. The three men said they were forced to admit about recitation activities and the teachings of Tgk. Aiyub is misguided and mislead. Aiyub was false and misleading and could

108 STAGNATION ON FREEDOM OF RELIGION then plunge the other community. Due to this, to this day those three men should not be returned to the village. The verdict of reading the pledge in Jami’ Mosque Bireun and before the community elements and the appearance of rejection which also performed by the people, at least make it into a question mark with our own society. The arised question, about how can the public with his figures who are beginning to send that problem to MPU to be solved and then request that the decision be replaced by a decision issued by public figures who may not necessarily have the same capacity as the MPU as the party that initiated the problem race or religion? The figures were also later urged the Pemkab Bireun to solve that problem and to make it too long to be resolved. This obviously raises the answers or speculation that the possibilities are the actors represented by community leaders or districts ask indirectly their cases to do not be reprocessed to legal recourse. If the answers are true, then the Pemkab Bireun seems rather slow to address the problem and solve it immediately. It should bring up the active role that is needed to resolve the issue. If there is a village that refuses the return of Tgk. Aiyub’s students, the government should immediately handle it. Deservedly, the government then facilitates community and followers of Tgk. Aiyub to find a way out. With that wise-action, maybe Pemkab Bireun urged the police to not process anarchists, but on the contrary, that demand is not as if to blessing the perpetrators to do anarchy and then to make it the reason of rejecting Tgk. Aiyub’s disciples to go back the village. That wise action indemnifies entire the burned possessions and destroyed by the victim. There is no reason to good justify the violence, moreover the decision of MPU clearly does not mention Tgk. Aiyub is misguided. So the rejection by the community against those three persons to return back their village will disappear itself. The same thing also expressed by the MPU Bireun and Police Bireun. However, it has not been running and in accordance with the expectations of the parties that this issue should be resolved wisely and do not need to appear the victim, both property and life.

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[b] The Second Phase Violence: The Cruelty of Mass and Inability of Apparatus One year and six months after masses clash occurred on March 2011, the bloody incident rehappened, while the house of Aiyub visited by a guess riding Kijang Innova. They take off the car wore the black robe dresscode on Friday (16/11/2012), at 15.00,WIB. According to the witness, about at 21.30 WIB, mass had come by riding the motorcycle and Panters car owned by the Police and Kapolsek Peulimbang, the police stand by in front of the mass. But unfortunately the mass rudh forward then finally the police were behind the mass. Before arrinving at the house of Tgk. Aiyub, the mass intercepted by around 6 six of police personnels at the roadside nearby Aiyub’s house. Police gave short speech. Part of the people I saw stands behind the police so that resulting the debate between police and mass, the finally the police give up and let them free. While that debate occurred, the Panter car of police was in the middle of the street to blockade the people. Then the mass which are about 1500 persons cannot be unstopabled so move toward the house of Tgk Aiyub. The unstopabled mass fury, make the mass from Tgk. Aiyub’s side became rampage. About 20 persons from Tgk. Aiyub’s side blockade the mass using swords. In the dark situation because the electricity was turned off, the mass from those two groups became rampage, the eachpther stab was inevitable, then there are many people injured. The mass from those two sides were emotional and suppressed the police to get in the yard of Tgk. Aiyub’s house. At that time 10 times the gunshot sound was heard which suspected from Tgk. Aiyub’s house. Then police get in together with a white robe wear tengku to show the situation inside the house. Several times later, Tgk. Aiyub and Muntasir brought out by the police from the house. The emotional mass threw stones to Tgk. Aiyub in the facedown condition after being shoted in the groin. Then, the mass asked Tgk. Aiyub given to them, but the police tried to restrain and hit by the thrown stone also. Then finally Tgk. Aiyub and Muntasir were taken by the mass.

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The condition of Muntasir at that time was powerless with the head dropping not moving at all and Tgk. Aiyub was tense and breathing. The tight escord performed by the police personnels. Police could get Tgk. Aiyub and Muntasir back then brought them to terrace, but the mass continue to pelt the stones. Massa asked the police to the victim handed over to them, the police insisted restrain the victim, then the police would like to take the victim to the Reo Brimob trucks, Reo truck originally seen in front of the houses brought up to the front of the house Tgk. Aiyub. Emotions of mass became peaked, that Reo truck was arrested by the mass by shaing it, then the mass burned the truck in front of the house Tgk. Aiyub. Situation of the rampage continued until 03.00 am in the early morning, the thrown stones by the masses could not be unstoppable again, so make polisi dodged a stone’s throw from the masses. At that time, the mass tried to blockade the police simultanously, then the mass destroyed the wall near the position of Aiyub and Muntasir. They continued to beat up Tgk. Aiyub and Muntasir. A young man ejected a sharp weapon from the edge of his cloth and stabbed Tgk. Aiyub in 5 times on his chest, cut off the ears and cut his neck Tgk Aiyub but not break up. So also with Muntasir, he got five times stabs the on his chest. At that time, most of the masses turn on the fire, when the fire has been enlarged, the fire was directed to Tgk. Aiyub and Muntasir who were already powerless to be burned, but Tgk. Aiyub condition at that time was still breathing. Not only that, the house and its contents Tgk Aiyub also burned and an Innova car which was originally located next to the house Tgk. Aiyub, pushed forward of Aiyub’s home to be burned together. At the location of incident, look very tight guard, seen three members of the military, Danramil Jeunib, 15 Brimob and 20 policemen. But state officials, can not do anything about the time of the burning of the masses against Tgk. Aiyub. About 5 minutes after burning incident, then the entourage of Police came to identify and to evacuate victims, next the police set up police line. At that time also, the people dispersed leaving the house of Tgk. Aiyub. In that situation, an issue from on of

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the masses, about the follower of Tgk. Aiyub will burn the house of Tgk. Imum, because being caught, that follower of Tgk Aiyub escape. The incident of mass rampage, cause three people died, they are Mansur (35) resident of Semet, Peulimbang—passed away because of stab injured from the back penetrating to the stomach, Tgk Aiyub (47), the residents of Desa Jambo Dalam—the accused person to bring the misguided cult, burned to death, and Tgk Muntasir (30), also burned to death. There are nine persons in critical condition because of the sword stab and thrown stones, who are treated in hospital Dr. Fauziah Bireun, namely Syukri (42) Azhari (25), Misbaruddin (18), Bahani , Hasan (61), M Rizal (30), Iskandar (37), Samsul Bahri (26), Irwan (37), Azhari (25). Of the mass rampage cases that resulted the loss of life was obtained inference; that the MPU should clarify the status of teaching activity of Tgk. Aiyub, the decision to punishing about the teaching of Tgk. Aiyub as “the lead to cult” make multiple interpretations among citizens, even encourage people to assume that the study conducted by Teungku Aiyub, is misguided. The incident also shows that the Pemkab Bireun also negligent and slow in addressing and resolving the case. In fact, even if the recitation of Tgk. Aiyub considered heretical by mainstream, violence is never justified as the right one under Indonesian law states. Pemkab Bireun did not learn from the raging mass that occurred in 2011, so as a result of negligence and inaction in facilitating the dialogue to find a way out. The situation recurred repeatedly and the government’s failure to deal with the cases are similar to the way of solving the attacks case against the Syi’ ah in Sampang. That deadly mass rampage case shows that law enforcement officers have lost control in performing the law enforcement, so the mass rampage took place freely among society. In fact, in that such situation, law enforcement officers are conducting the tight cordon against the masses. But law enforcement officials still can not do anything, that led to the burning of the Tgk. Aiyub, Muntasir, and Mansur conducted by the masses. []

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Endnotes

1 Most of the basic data and if the data in this section is done by investigators of SETARA Institute for Syiah Sampang case Mr. Andy Irfan Junaidi, SH and the supervisor of SETARA Institute for violation on Freedom of Religion/Belief in East Java, Mr.Akhol Firdaus. 2 Tempo.co/read/news/2012/09/02/078426965/Berapa-Populasi- Syia-di-Indonesia 3 Aboebakar Atjeh, Aliran Syiah di Nusantara (Jakarta: Islamic Research Institute, 1977) 4 Zulkifli,The Struggle of the Shi‘is in Indonesia. (Canberra Australia: ANU Press, 2013) 5 Interview with Jamaah Syiah Residents, Tajul Muluk, dan Rudi - Wawancara dengan warga jamaah Syiah, Tajul Muluk, dan Rudi- Chairman of Bakesbang Kab. Sampang 6 Interview with Tajul Muluk 7 Kabupaten Malang was chosen by Tajul because ha has many relatives there. 8 Pemkab Sampang gives donation Rp 10.000.000,- that was given on August 8, 2011 and Pemprop of East Java that gives Rp 50.000.000,- which was given on August 15, 2011. 9 Interview with Tajul Muluk 10 According to Tajul’s family, during live in evacuation, house and pesantren have continous monitoring from inteligent police. 11 Interview with Kapolres on January 13, 2011 12 The eyewitness testimony 13 The eyewitness testimony 14 Taqiyah adalah merahasiakan sesuatu, berbohong, atau berbuat pura-pura sesuai yang diinginkan penguasa atau orang lain

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karena keselamatan yang bersangkutan terancam. 15 See Pers Conference and result of Working Group of Advocacy Work fo Freedom of Religion/Belief (POKJA AKBB) of East Java ‘Cara-Cara Keji Pemerintah Mengusir Pengungsi Syiah’, published on June 21, 2013. 16 The Chronology of Forced Eviction of Jamaah Syiah from GOR of Sampang cab be red from the release that published by Pokja AKBB of East Java on June 20, 2013. 17 Press Release and on Trial Monitoring result ofWorking Group of Alliance for Freedom of Religion and Faith (AKBB) of East Java titled ‘Korban Dikriminalisasikan 4 Tahun Penjara, Pelaku Kekerasan Diputus Bebas’ published on April 17, 2013. 18 “Ini 8 poin Kesepakatan Kasus Sampang : Tak Ada Relokasi”, http://news.detik.com/read/ 2012/09/10/150947/2013713/10/ini- 8-poin-kesepakatan-kasus-Sampang-tak-ada-relokasi?9922032, accessed on November 10, 2012. 19 This good news will rediscussed at another part of this book, the Chapter IV. 20 Data-data pokok pada bagian ini berdasarkan hasil investigasi khusus oleh peneliti SETARA Institute, sdr. Abul Khoir 21 Clifford Geertz, ilmuan sosial Indonesianis, dalam bukunya The Interpretation of Culture, (New York: Basic Books, 1973) mengelompokkan ikatan primordial ke dalam 6 (enam) jenis, (1) ikatatan darah, relasi ketersambungan berdasarkan garis keturunan berupa keluarga besar yang membentuk suku, (2) ikatan ras, (3) primordialitas berbasis bahasa, ( 4) ikatan berdasarkan daerah yang terintegrasikan dalam batas georafis dan teritorial, (5) ikatan bersentimen agama dan sebuah kepercayaan dan terakhir (6) hubungan keterikatan atas nama adat istiadat atau kebasaan. 22 Jumadi, Pluralisme, Demokratisasi dan Transformasi Konflik Pada Tigkat Lokal, dalam Menemukan Jalan Transformasi Konflik di Kalimantan Barat, (Pontianak: STAIN Pontianak Press, 2010), hlm. 17-18. 23 Data and chronology on this part are supplied by the investigators

114 STAGNATION ON FREEDOM OF RELIGION of SETARA Institute for the case of Attack on Religious Faith in Aceh, and the Investigator Team of KontraS Aceh that contains: Adelia Syahfitri Hasibuan, Destika Gilang Lestari, and Edy Syahputra

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116 CHAPTER IV The Initiative of Residents and Local Government in Upholding Freedom of Religion/Belief

Between the condition stagnation of protection and guarantee on freedom of religio/belief in Indonesia in 2013, we also got “a suprising gift of little victory: fromLocal Government. Within the powerlessness of Central Government and majority of Local Governments in facing the intolerant groups, there is a local government that shows strong commitment to be the idea guardian of “Republic for All”. They like a candle in the dark, who do not care to their popularties and image or moreover to lose their power of votes from majority group. They prefer to choose of being the hope lighter, to make that sacred constitution, that guarantee freedom of religion/belief as the constitutional rights of citizens, is not being just the hope and illusion, but it will be a real imperative. It is surely not many. But among the perfect stagnation that covers condition of freedom of religio/belief in Indonesia, those few people should be be appreciated to build together hopes that embracing religion/belief in diversity as aspired as by our Republic founders, could be enforced in our Nusantara. Among the increasingly rooted of hatred ideology, there is a few story tells about freedom of religion/belief that soothing our lives among the civilians and local government where part of them are ideas implementers of “freedom of religion/belief” as dreamed as by basic law makers of nation state. In this part, SETARA Institute will present some investigation report about the enlightening events among the mainstream condition

117 THE REPORT OF CONDITION ON FREEDOM OF RELIGION/BELIEF OF INDONESIA IN 2013 of intolerance, discrimination, and violation on freedom of religion/ belief in Indonesia. Eventhough, from along the time which not precisely occur in 2013 only, those stories are worthed to be published as a tribute of our to them who dare and have guts to be a different one for struggling something right to be said as a right. This part is also expected can be a good nutrition for civilians who concerns to human rights issue and to be optimistic in his/her fighting to promote human rights in Indonesia. This naration below is also expected become a virus that can infect positively not only the civilians but also the state adminitrators to place our together’s interests of state and nation more than his/her own or group preference. It is also expected to make the Constitution as the grounding and orientation at the same time to running their tasks as the administrators, as they explicitly and strictly stated in their oath of offices, including in responsing diversity as a natural reality which guaranteed juridically in our state foundation and basic law.

A. Reflect on the Regent of Wonosobo, H. A. Kholiq Arif1 Among the general condition of government which is not contibutive anymore for fullfilment of basic rights on Freedom of Religion/Belief in Indonesia, we got a good news from a leader in a regency of Central Java, Wonosobo. The regent of the region which is at a distance of 120 km from the capital of Central Java (Semarang) and 520 km from capital city of Indonesia (Jakarta), we can say that he become a model for state adminisrators about how to build a tolerance and to enforce justice for all people in diversity among society. For the nationalists and everyone who care about the pluralism and multiculturalism issues, this is a very good news from Wonosobo. Wonosobo spacially is at the central of Java Island and precisely located between north coast and south coast. Besides that, Wonosobo becomes the most important of National Road network of jalan Buntu -Pringsurat that gives access from and to that national strategic lane. Administratively, Wonosobo is immediately adjacent with six regencies, they are: of its north is bordered with , and ; its East is bordered with , and ; its South is bordered with and Regency; its West is bordered

118 STAGNATION ON FREEDOM OF RELIGION with Banjarnegara Regency and . is administratively divided into 15 sub- district, 236 desa and 29 kelurahan. Those sub-district’s names are: 1) Wonosobo, 2) Kertek, 3) Selomerto, 4) Leksono, 5) Sapuran, 6) Kalikajar, 7) Kepil, 8) Kalibawang, 9) Garung, 10) Mojotengah, 11) Kejajar, 12) Watumalang, 13) Kaliwiro, 14) Wadaslintang, and 15) Sukoharjo.

Photo: www.tempo.co

H.A. Kholiq Arif, Mayor of Wonosobo, as protector of Ahmadiyah and Syiah in his teritory.

In the term of religious life and belief, the Regency that partially consisted of highlands, has regious/belief diversity. Based on the BPS data in 2010, the Moslems in Wonosobo is 744,199 peoples. The Christian/Protestant is embraced by 5,006 residents. The Catholic is 3,036 peoples. Hindu is embraced by 218 residents, and Budhist is 701 peoples. Konghucu is embraced by just 28 residents only. Besides that, there are some cults in Wonosobo, such as: Minto Rogo, Aboge (Alif Rebo Wage), and others. Those data shows that the level of pluralism and multiculturalism is high, where the majority amount that big quantitatively and the minority amount is just in dozen amount, are live together in the same locus. This situation

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shows that management on that socio-cultural fact Furthermore, in his speech, SBY talked in length rhetoric; In this good opportunity, I want to remind all of Indonesian people, that the state guarantees fully the existence of individual or minority groups. In nationality foundation that we recognize, we do not differentiate peoples through his religious backround, social and culture and also another identitity difference as well. All of citizen, no matter his social and cultural background, they have equal dignity and honor as well. In the perspective of nation, our responsibilities are to maintain and to take care of that plurality, while strengthening national unity. According to the constitution, the state also guarantees freedom of worship for all of citizens based on their religion/belief. The people should to respect that constitution. It cannot be justifiable, if that someone or an organization push their beliefs to another one, moreover accompanied with threat, intimidation and violence acts. But in reality, the condition on freedom of religion and belief in Indonesia not become better by the time. Some incidents which injure the religious life and belief continually occur. What was said by the President of Republic of Indonesia in his state speech like “sweet said”. The guarantee on freedom of religion/belief for SBY is easy and simple to be said, but so hard in practical to be reality and fact. Not so with the Regent Kholiq Arif. In his perception, the guarantee and protection of religion/belief includes all of citizens, it covers the small numbers of people. The minority protection for him is somple, either in philosophy or implementation. So, it is fair if Wonosobo under his authority become a friendly city for minority group. That is a fact, not only the words.

[1] The Harmony in the Slopes of Sindoro-Sumbing Mountains After reform, Wonosobo facing some social problems, ranging from inter-villager fighting, rioting, until the criminal action in quite high level. But under Khaliq’s leadership that began in 2005, some integration efforts are done to increase the harmony of social harmony in Wonosobo.

120 One of those efforts is to optimizing the Inter-Religious Harmony Forum (FKUB) by doing inter-religion meeting routinely, doing intensive communication related to harmony maintenance and moral quality development and character education for society, trying to to success the development program of society quality life (Senja Keluarga). Khaliq’s effor to realize real integration among the Wonosobo’s people that he led have result. All religions live together in peaceful co-existence. The inter religion/belief and inter sects in one religion, are ongoing harmonious. The eviction on Syiah pilgrims like occurs in Sampang, Esat Java, or on Ahmadiyah follower that happened in some regions seem will not be happened in Wonosobo, Central Java. Whereas, in the slopes of Sindoro and Sumbing mountains, there are 6.000 peoples of Ahmadiyah jemaah, 200 peoples of Jemaah Alif Rebo Wage (Aboge), and around 250 of Syiah followers. One of ilustrations of that harmony, can be seen such as happen in Kecamatan Watumalang, Wonosobo, particularly in Desa Wonokampir. Members of Ahmadiyah congregation in Wonosobo majority are domiciled in Desa Wonokampir, Kecamatan Watumalang. Their houses clustered on the slopes existed at an altitude over than 1000 mdpl (meters above sea level). A total of 30 Ahmadiyah families in Desa Wonosari Wonokampir alongside with 47 other families. Congregation Ahmadiyah is implementing a five-time worship and time of worship and other Islamic celebrations at Baitul Islam Mosque. The green berkusen mosque founded by jemaat Ahmadiyah. Only 100 meters from the Baitul Islam Mosque, Baitul Huda Mosque stands owned by NU. One of Baitul Huda Mosque Takmir, Martoyo, said they lived peacefully side by side with the jemaah Ahmadiyah. Harmony is established well in society’s life, the residents of NU and Ahmadiyah. An increasingly rare sight found in this country. Many of the activities that they do together, such as community service, and tahlilan when someone dies. Communality that occurs at society level, residents, or people could be a reflection of the harmony that occurs among the priests

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or leaders or religious leaders. As the leader of NU, Martoyo often sharing the role with village leaders Wonosari Ahmadiyah, which Suyarno. In the wedding events, Martoyo usually take the role as the party submitting Suyarno seserahan while receiving seserahan. Sometimes vice versa. Leadership Regent Kholiq Arif nurturing and protecting minorities recognized by some leaders of minority groups, such as adherents Aboge, Syiah, and Ahmadiyah. According to Sarno Kusnandar, Aboge adherents figures, dating Aboge in Wonosobo is sustainable and continues to be practiced by most people who live in Wonosobo regency. Adherents of Aboge generally found in villages and inland. They are protected by the government of Wonosobo regency in the implementation or the existence of Aboge calendar. Another testimony from minority groups delivered by Syiah Wonosobo’s figure, Muhammad Arman Jauhari. Jauhari stating that they are protected and some community members are involved in the governance of as functionaries. They were given the trust, as well as an opportunity to actualize themselves in the government of Wonosobo. The attitude of protection afforded to minority communities given by Local Government in Wonosobo, they feel they have an obligation to participate according to their ability and their capacity for local governments Wonosobo. The same recognition given by preachers (mubaligh) of Ahmadiyah, Sajid Sutikno, who stated that his jemaah is protected during all this time in Wonosobo and could interacts well with another majority groups. Based on the data presented by Sutikno, jemaah Ahmadiyah spread in 15 districts, with the number of adherents around 6000 people. During this time they can live in harmony appropriately. Wonosobo government’s treatment of minorities, especially the Jemaah Ahmadiyah is very good, so that Ahmadiyah could worship in peace, and feel protected. One of the principles underlying the conviction Kholiq Arif in protecting minority groups is that it is the law of nature (the laws) if there is a difference in man, is no exception in the Islamic religion. In fact, in the body of one of the mass organizations (ormas) NU though, there is a difference. Thus, according to him,

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it is a consequence of that sunatullah, that we should embrace all people and groups. Faith and belief is a private matter of each person. His duties as regent is to ensure every person can worship in accordance with their respective faith, and make sure that no one particular belief higher than other beliefs.

[2] Efforts and Struggle of Bupati Kholiq According to the interview report that quoted from The Wall Street Journal, efforts done by Kholiq Arif in order to prevent inter- religion frictions, such as by often asking the religious and belief leaders to meet each other to find the similarity, not to exaggerate the differences. And to realize it, the firmness is necessary to create inter-religion’s harmony. Related to it, he said: I often asked ever religious and belief leader to meet eac other, usually having breakfast together. In that moment we tried to find similiarity. If we find differences, though in NU there are so many differences. So differences are existed everywhere, so why don’t we just accept it? How to do it is actually so simple: firm. I learn about firmly leadership, so the people will follow. The Ahmadiyah community spreads in 9 of 15 districts in Wonosobo. They live there before I born. I prefer to resign than asked to disperse them. In Wonosobo, there are religions existing, namely Protestant, Catholic, Konghucu, Budha, Hindu and another cults. The belief is a privacy matter of someone, my obligation as an administrator is just to ensure that there’s no a belief will negate another belief. Until now, around 6.500 members of Ahmadiyah di Wonosobo are free to worship in every mosques of Wonosobo. When Muhammadiyah’s adherent want to construct a mosque, people as neighbours should help him. For example, the adherent of Muhammadiyah is cooking, NU is looking for the stones, the Christian is being the mason. This is a cooperation we called. I just remind people about that matter only.

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Kholiq stated that during his leadership, minorities safe in Wonosobo. In fact, research by the Regional Autonomy Implementation Monitoring Committee (KPOD), Wonosobo security position jumps to 2nd position in 2009 compared to 400 positions in previous years. He compares, in 2005 minorities have very limited activity in Wonosobo and not much involved in community activities. However, now they are involved in many activities, including through the Inter-Religious Harmony Forum (FKUB) of Wonosobo regency. This forum involves religious leaders of Nahdlatul Ulama, Muhammadiyah, Ahmadis, Syiah, Christian, Catholic, Hindu, Buddhist, Confucian, Taoist, and group belief of Aboge. This forum is a space for dialogue that brings people of different beliefs. Being the protector of minority groups is not without risk. It is recognized by Kholiq Arif, who knows that the steps taken clashing to the Indonesian Ulema Council (MUI). The Institute as the misguided labeling of these groups. Regent attitude Kholiq also contrary to Three Ministerial Joint Decree, which regulates religious minorities problem. He claimed to be ready to face the risk as opposed to the MUI and ministerial decree. “The problem of MUI is MUI bussiness, I have my own bussiness. I replied Wonosobo domestic problems, namely social harmony, and this is the instruction of Mr. President”. Men who was born in Wonosobo, on September 16, 1968 claimed to have been preparing a Regional Regulation that setting about religious life in the district that has a population of 771 thousand inhabitants. This regulation will set up at least 18 fields that support religious harmony. The draft of that regulation will be discussed with the group and stakeholders. If this Regional Regulation contrary to the ministerial decree in the future, Kholiq hopes there is a higher law, for example in the form of legislation that would set it. Struggle to uphold religious harmony in Wonosobo through regulation will be done with all seriousness. In fact, he ready to deal with the possibility of being fired because of this struggle he did. What is done by the Regents of Wonosobo, Kholiq Arif,

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should be an example for other leaders. As a regional leader he should to guarantee the protection of security for all his citizens, without regard to whether it was included in the majority and minority groups. There needs firmness of leaders to apply the law that became commander in the country. Without firmness, then all the guarantees that have been given by the Constitution will not mean anything, especially for vulnerable groups against discrimination.

B. Knitting Peace in the Midst of Conflict Potential: Report from Pituruh Purworedjo2 In our public space, variety of violence apparently coloring our lives of religious and belief in Indonesia. Research long-monitoring conducted by SETARA Institute and published on an annual basis shows that in the last decade (programatically SETARA Institute’s research started in 2007), the situation of a minor religious/belief presented among us, both inter-religious and intra-religious. In the case of intra-religious which the friction level is increasingly escalated about relation of Tafsir Al-Quran Assembly (MTA) with Nahdlatul Ulama ‘(NU). Both relationships last lead to conflicts and in some areas obviously be a new conflict that “complements” the demonstration of intolerance, discrimination, and even violence in the name of religion in the internal religion, like the majority of the Muslim Ahmadiyah, mazhab Ahlussunnah wal Congregation (Sunni) denggan Syi ‘ah, and so on. The Tafsir Al-Qur’an Assembly (MTA) is formal legally formed on January 23, 1974 which is now based in Surakarta3 and until now has 430 branches and representative spread from Aceh to Central Lombok, West Nusa Tenggara.4

[1] Potential and conflict spark in Purworedjo Purworedjo is area that shaped of ​​the district where is located in the administrative region of Central Java with its seat of government is located in the district Purworedjo. Purworedjo districts bordering with several districts. To the north is bordered by the districts of Magelang and Wonosobo regency. While the

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west is bordered by Kebumen district. The east by the district of Kulon Progo (DI Yogyakarta). While in the south by the Indonesian Ocean. Purworejo Regency covers an area of ​​1034.80 km2. That region is divided into 16 districts. Numbers of population in Purworejo Regency according to census of 2010, are 695.427 inhabitants. Of these numbers, the Islam religion developed quite well among society, although there are differences between the santri (student learn in Islamic Boarding School) and the Kejawen (especially Javanese). Other religions are professed Christians (7.621 inhabitants), Catholic (6.624 inhabitants), Buddha (723 inhabitants), Hindu (61 inhabitans), Confucianism (47 inhabitants). In Purworejo, there are also several cults. In internal of Islam, Nahdlatul Ulama (NU) is the most religious social organization in Purworejo Regency. Then followed by Muhammadiyah. Some Muslim mass organizations which are not too big also live in Purworedjo, such as Tafsir Al-Quran Assembly (MTA), the Indonesian Islam Propagation Institute (LDII), Hizbut Tahrir Indonesia (HTI), Ahmadiyah, and others. As known, Central Java is one of the “base” MTA missionary displacement, when viewed from its point sentrum is in Surakarta, or better known as Solo. The development of dakwah MTA is rapidly in areas dregencies/cities in province of Central Java, one of whom is in Purworejo Regency. An increase in activity of MTA in Purworejo, which dakwah activities more intensively carried out in certain places. The place is often being the center of MTA activity in Central Java is building of Tafsir Al-Quran Assembly that located in Pangen, Juru Tengah, RT 2 RW 5, No. 52, Purworedjo. In addition, also at home Suroso Margo Prayitno, SKM, or commonly called Pak Margo, which is located in the village of Prigelan RT 2 RW 03 Sub-District (Kecamatan) Pituruh Purworejo. Beyond of dakwah displacement, that MTA also directly done by coming to resident’s home. This massive displacement is an indication of the presence of the investigator plans to inaugurate a branch of MTA in Purworejo.5

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For a circles part of peoples, the presence of MTA in Purworejo Regency trigger horizontal conflict potential among society in Purworejo Regency. Potential conflicts quite alarming because of many aspects, ranging from fiqh to activity models, in case of refusal by the local people against the activities of this group. One trigger for rejection residents are material and method of MTA’s dakwah methods that considered provocative and less respect for fiqhiyah differences and tends to harass other religious groups.6 This potential conflict then becomes ripples of tension in Purworedjo. These conflicts occur because of the majority, in this case is people who are affiliated to the NU insyari’ah way, can not accept the existence of a minority who are considered at odds with mainstream aspects of society. What has been done by the MTA deemed negated the existence of cultural habits that have been ingrained in the midst of society. Residents objected to the majority of it. Villagers of Prigelan District of Pituruh even formally recommended denial by letter related to this regard. In a Statement of Prigelan residents date July 12, 2013 contain the reason for the people’s rejection of the MTA. The letter stated that the reason for rejecting them because people can not accept the teachings of the organization that is considered contrary to the customary of Desa Prigelan, such as eliminating tahlilan, selamatan or kenduren (feast), as well as the procedure/treatment of someone’s die that different to the customs and ordinances of Prigelan society. However, the MTA does not necessarily accept the statement of the majority people of Prigelan. So that, it develops into further tension. Each side insisted on their arguments along with the reasons of justification respectively, without being able to get a decision from “the judge believes to be cut off”, who is right and who is wrong. It is constantly hidden in the midst of society in Prigelan Pituruh, then the root of the problem, questioned and opposed to trigger conflict. Form of rejection obviously done by people of Purworejo, especially people who directly interact with activity of MTA Purworedjo such as in the District Pituruh. Pituruh society also made ​​a statement that objected to the activity of MTA in their

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surroundings. That letter is directly addressed to MTA, and copied to Muspida Purworedjo and Muspika Pituruh. Here are some official documents that indicate rejection citizens with regard to missionary activity (dakwah) of MTA Forum in Purworejo: a) Residents’ Statement on IMB Rejection For Residential and Business dated July 12, 2013.7 This letter contains a statement of citizens to refuse the Building Permit (IMB) on behalf of Mr. Suroso Margo Prayitno (sympathizers of MTA) which was originally to be used as the secretariat of MTA Pituruh . In this letter, residents also filed a petition for MTA activity to be moved elsewhere. b) Citizens’ rejection that contained in the Minutes (official report) of the Complaint and the refusal of the villagers in Desa Prigelan about MTA’s activity that based in RT 02 RW 03 Dusun Kradjan Kidul, Desa Prigelan, Kecamatan Pituruh, Purworejo.8 That Minutes is based on the complaint which is directly submitted to Village Chief of Prigelan. c) Letter of Complaint pointed to the Regent of Purworejo about about rejection of MTA activities existence that located in Dusun of Kradjan Kidul RT 02 RW 03 Desa Prigelan dated September 12, 2013.9

In addition in the form of a letter of rejection, that rejection is also shown by the residents of the village by using banners said that Congregation MTA’s activities in the area of Desa Prigelan. Even villagers also intimidated the Jemaah MTA to lowering the banner belongs to Congregation MTA that reads “The MTA” in front of the house Bp. Margo Suroso Prayitno. Residents also restricting the accessibility of Jemaah MTA. On September 7, 2013, village residents blocked the entrance to the location of the MTA study. The resistence is not coming from residents of Pigelan only. The refusal statement against the activity of Congregation MTA also comes from many religious figures in Purworejo, also from Islamic organization in Purworejo, such as PCNU Purworejo, MUI Purworejo, and PP Muhammadiyah Purworejo.10

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The refusal from residents increased on September 28, 2013. That rejection of resident against the activity of Congregation MTA in Desa Prigelan was expressed by doing more strict action, even just verbal expression not physical violence. At that date, hundreds people of Desa Prigelan residents refuse the pilgrims in an event recitation of MTA that held in that village. That incident make the jamaag MTA become panic and try to secure their ownselves. Thus 6 (six) persons from MTA who must be protected by the apparatus to prevent spread of riot because of the Pigelan resident’s emotions that unstopable.

[2] The Government’s Initiative The conflict within residents and congregation MTA actually not occurred in Purworejo region. In another regions in Central Java and East Java the similar conflict also appears. As the sample, in Blora the within residents and congregation MTA conflict often occurred. Even the rejection against MTA leads to physical violence. The rejection of MTA also happened in Gresik, moreover the Regional Representatives (DPRD) directly asked or recommended the local government of Gresik to dissolve MTA in the whole of legal region of Kota Gresik. It means that in this Gresik case, there is an intervention from state official in local level to seeking deletion minority group of religion/belief in his region. The local government choose to be the intolerance actor and discrimination. Differ from what happened in Blora and Gresik, the conflict within the residents and Congregation MTA in Purworejo never be ending to the physical violence, and no governmental intervention in the effort of dissolving MTA at all. This matter happened because of the local government of Sidoarjo’s commitment together with all the governmental linkage, such as Regent, DPRD, Bakesbangpol, Kapolres Purworejo to maintain the religious harmony in Purworejo. The expression of no willingness to forbid or to dissolve MTA and another groups, stated by the apparatus of Kesbangpol Purworejo that, “the government of Purworejo has no right to forbid the development of any certain belief or trust because every

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beliefs has its own ideological basic and there is no restriction regulation either from the related instantion such as Ministry of Religious Affair and Ministry of Internal Affairs.”11 The expulsion of recitation worshipers that occured on September 28, 2013 not to lead to physical violence because of the initiative from the Government of the District Board and the Police, or commonly known by the District Leadership Council (Muspika). Muspika Pituruh Purworedjo initiated to evacuate 6 figures MTA (Mr. Suroso Margo Prayitno, Bp. Pargitno, and Bp. Sukardi and his family) to a safer place to avoid things that are not desirable.12 Hal ini merupakan langkah kongkrit di Muspika Pituruh Purworejo dalam mengurangi eskalasi potensi konflik. This is a concrete step from Muspika Pituruh Purworedjo in reducing the escalation of potential conflict. Besides that, the Muspika Pituruh also do anticipatory way to reduce the conflict. Muspika initiated about the activities basic replace of MTA that formerly exist in Desa Prigelan to the new place that located in Desa Kalikotes. This replace also well accepted by MTA. This displacement is done not in order to move the MTA worshipers, but on the basis of an attempt to provide a more conducive place for the MTA. Reality of the residents Prigelan that less agree with the MTA relating to the plan put Prigelan as a proselytizing activity place of MTA. It was then shown the villagers with some residents rejection document attached to local governments of Purworedjo based on community meetings. It is also consistent with the indication that the Muspika arrested by the MTA actually is making efforts to build a base of activities in the Kecamatan Pituruh Purworedjo. With this removal, the local governments to analyze and to expect that the rejection of the MTA that happened in the Village of Kalikotes not as hard as what happened in the village Prigelan and it is expected to develop in the area.13 Commitment of emboding the freedom of religion/belief is also demonstrated by the Local Government of Purworedjo, that is by forming Inter-Religious Harmony Forum (FKUB) of Purworejo and optimize FKUB’s roles as an arm of the local

130 STAGNATION ON FREEDOM OF RELIGION government in the effort of establishing the religious harmony in the region Purworedjo ummah. KH Junaidi Jazuli, Chairman FKUB Purworedjo, to the observer of SETARA Institute said that there is always a difference in people’s lives. These differences should not be used as justification for the discriminatory acts or denigrate other groups, let alone new attack on the existence of a different understanding to develop. The principle is then used as guidelines shared in running the activities of FKUB Purworedjo. One positive note that was ever done by this organization is to initiate a dialogue between citizens Purworedjo, MTA, and Islamic religious organizations other. Long before the conflict within the residents of Prigelanin village, FKUB already fully implement dialogue facilitated by the Local Government of Purworedjo, such as the provision of premises, security and others. On May 16, 2011, that dialogue was attended by Vice Regent, Chief of Police. Also present were the Chairman of the Indonesian Ulema Council (MUI), the Chairman of PCNU and the management ranks of NU and Regional Leadership (PD) of Muhammadiyah. Dialogue is guided by the Board FKUB.14 In order to muffle the conflict potencial and to create a peace inter diverse religious community not performed by the element of Muspika and Local Government, but also by the government in villages level. That commitment has appeared in the rank of village apparatus of Pemda Purworejo surrounding. As the evidence of that commitment, in the resident’s conflict with the congregation of MTA, the village apparatus tried as much as possible to muffle the possibility the conflict within those both parties, such as to hold the coordination meeting with various elements of society. On August 23, 2013 the village government of Desa Prigelan held a coordination meering among residents of Desa Prigelan, religious figures, society figures, youth clubs and simpathizers/officials of MTA that existed in Desa Prigelan.15 In that meeting, there are some suppression, such as, all of religious community in di Desa Prigelan maintain the harmony even they are from different recitation groups. After that, all of the residents are guaranteed their rights to participate as long as not performing violences and breaking the law manner. In that meeting also suppressed about the guarantee about the rejection of residents on the activities of MTA

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at Desa Prigelan will be accomodated and be found its solutions together with Muspika with also not to adverse the MTA side. Another commitment that shown by the village government of Prigelan is mediating those six people that successfully evacuated ahead of the event on September 28, 2013, be re-accepted by the village community of Prigelan. Finally, on December 5, the village head along to the Muslim Defenders Team managed to convince people to accept the return to six people without any conditions.16

[3] Reflection What is happened in Purworedjo reflect different portrait with most other regions who choose preferences and even took intolerant and discriminatory policies in the various dimensions of religious conflict/beliefs. Purworedjo also provide some lessons for us all. First, that the conflict resolution for especially sensitive with religious/belief dimension must begin with a position to recognize issues that deeply understand what the real problem. Second , the completion of the tensions concerning religion/belief requires serious commitment from various parties and a strong and immediate initiatives of the Government. Third, and the most important, the government (at any level) should be in the neutral position above and become an umbrella for all the interests and aspirations of citizens. Thus state officials can accumulate interests of all parties and then take policy initiatives that are fair to all parties.

C. The Constitution as The Attitude and Policy Guidance: The Cases of Church in Tambora and Lurah Susan Jasmine in DKI Jakarta 17 The issue of the establishment of houses of worship in Indonesia, including in Jakarta as a miniature, still leaves a very acute problem. One fundamental problem is the establishment of houses of worship related to the substance of the regulation itself, namely the Regulation of the Minister of Religious Affairs and the Minister of Internal Affairs No. 9 of 2006 and No. 8 of 2006 on the establishment of Houses of Worship. On the one hand it wants to set rules about the establishment

132 STAGNATION ON FREEDOM OF RELIGION of houses of worship, but the other hand, this rule results in difficulty minority groups to establish places of worship. This difficulty often arises in the approval rules with permission from the local community, where houses of worship to be built. Besides that, the difficulty of getting signatures from majority of surrounding citizens, local government also affirms its intolerant attitude to do not issue permits for the establishment of houses of worship of the principals. Beyond the problem of “administrative”, the action tends to strengthen intolerant groups to judge the establishment of houses of worship to a variety of accusations and provocations that the existence of the houses of worship of certain minority groups rated the illegal and unlicensed. Since the 5 years last, recorded about 20 issues of churches in Jakarta and acts of intolerance, including intimidation, terror, destruction and prohibition government officials over the placement of religious identity. Those are, the establishment of houses of worship Church Pentecostal Church in Indonesia (GPdI) Immanuel Sukapura, Cilincing, North Jakarta (2007), Indonesian Bethel Church (GBI) Semper, Tanjung Priok (2008), Church GAPEMBRI in Tambora, West Jakarta (2009), the Church St.Yohannes Mary Vianney, Cilangkap, East Jakarta (2010), and the Catholic Parish Church of Santa Maria in Calvary, Lubang Buaya, Pondok Gede, East Jakarta (2011).18 In 2013, one of the issues raised in the establishment of houses of worship in the form of Church of Katolik Paroki Damai Kristus, on jalan Duri Selatan V/29 Rt 0015/05, Kecamatan Tambora, West Jakarta. Rejection of a group of public concern and attention at the same time of Governor of Jakarta, Joko Widodo. The issue of prohibition the establishment of houses of worship that still occurring in Jakarta, where the plurality and diversity of residents who consist of various races and religions. In addition to the case of the establishment of houses of worship, in 2013 also raised the case of rejection of public officials, namely Susan Jasmine Zulkifli appointed by Governor Joko Widodo as the Lurah of Lenteng Agung, South Jakarta. What is done by Local Governments, in this matter is Governor and the Deputy Governor, on those two cases that surfaced in 2013

133 THE REPORT OF CONDITION ON FREEDOM OF RELIGION/BELIEF OF INDONESIA IN 2013 was supposed to be an example for other provinces, how to manage and ensure the religious harmony in worship and practice their faith in accordance to constitution of the state of Indonesia.

[1] Rejection of Gereja Katolik Paroki Damai Kristus establishment, in Tambora Gereja Katolik Paroki Damai Kristus that rejected by some intolerant groups located in Kelurahan Duri Selatan. Seeing the demograpical profile of kelurahan Duri Selatan seems that this area is plural-multicultural. With an area of ​​24.3 hectares, inhabited by a population density of 41 458 and 14 096 souls jiwa/km2, South Duri Village consists of followers of three major religions, namely Islam as many as 9,215 people, and some 1,457 souls Protestant, and Catholic amounted to 296 people. In socio-cultural way, community typical in Kelurahan Duri Selatan which multi-ethnic and pluralistic are seemed together, compact and well established togetherness. In addition to regional communities like Kebumen community, community Pekalongan, Solo community, Banten community, and so on. In addition, in urban South spines are football clubs, art galleries, martial arts, until to bike community. Related to places of worship, this time in the Village of South spines are 4 mosques, 10 small mosques, one church, and two temples. At the macro level, the proportion of this amount must be said objectively that the addition of one church for Christians is something reasonable. But affairs set up a house of worship for minorities in some areas is not easy. So it is with the plan to build a church in Kelurahan Duri Selatan, Tambora. On Sunday, April 21, 2013, around 10:00 am, hundreds of people that called themselves the Cooperation Forum Masjid- Mosque-Assembly Ta’lim (FKM3T) Duri Selatan, Tambora, West Jakarta, staged a demonstration rejection of Paroki Damai Kristus construction that located at Yayasan Bunda Hati Kudus school that the address in Duri Selatan V No. Way. 29 RT 12 RW 02 Sub Duri Selatan, Tambora, West Jakarta. Their refusal was based on allegations that the church building plans do not have permission,

134 STAGNATION ON FREEDOM OF RELIGION therefore is illegal. Not only that, the mass also alleged that the licensing process in the framework of the construction of the church has been marred by manipulation of citizens by including the letter agreement forged signatures,19 to conform to provisions of article 14, paragraph 2 (b) of the Regulation of the Minister of Religious Affairs and the minister of Internal Affairs No. 9 in 2006 and No. 8 of 2006 about the Task Guidelines Regional Head/Deputy Head of the Maintenance of Religious Harmony, Empowerment Forum for Religious Harmony, and Construction of Houses of Worship. Plans religious building built on land belonging to the Yayasan Bunda Hati Kudus. In the school yard lies a church that had been used by Paroki Damai Krists for the religious service and another religious activities. Actually, the church of Paroki Damai Kristus in Kelurahan Duri Tambora, had had its sprout since 1968. The church parties has received a letter from RT/RW that not objecting to the construction of houses of worship. As we know, since the building plan of the Church which is housed in the hall of that Paroki on two years ago local residents around several times to protest the construction of the church. Even on Christmas Eve celebration in 2001, supprised by the discovery of a suspicious package that suspected bomb. In 2007, a mass protest also rejected the construction of the church. In the mass protests filed several claims made to the Church of Damai Kristus, Tambora. Following are the demands of mass protesters that at the time was received by Father Widyo:20 1. There is no constructions 2. Cannot submit the form shifting. 3. The government in every level cannot give permit if the party seeking leave resubmit it again. 4. The government should to give direction for the applicants to do not submit the petition The demonstrations on April 21, was preceded by the circulation of information through a chain message stating “The Church in Tambora Will be Attacked” by the radical group calling itself FKM3T of Duri Selatan to the Church of Katolik Damai Kristus in Duri Selatan, Kecamatan Tambora, West Jakarta, this is justified by the by police. 135 THE REPORT OF CONDITION ON FREEDOM OF RELIGION/BELIEF OF INDONESIA IN 2013

On the day of execution of that refusal action, the protesters put up two banners in the school’s fence containing the signatures of the people that reject the construction of the school gates and occupied by blocking, while in the church there are about 50 people that are doing mass with Father Matheus Widyolestari. This demonstration is further action after previous protests on February 15, 2013, where there were about 200 people at about 13:00 pm, that came to close the activity of construction of Paroki Damai Kristus. On this occasion, representatives of the demonstrators accepted the church, accompanied by FKUB, police chief and Wakapolres Tambora West Jakarta. After doing demonstration and met representatives of the church, the mass continue to demonstrate in Balaikota DKI Jakarta. Mass that consist of FKM3T, FPPI, FBR Gempur, and FUI. In his speech said that the mass of Paroki Kampung Duri, where the church of Damai Kristus will stand after degrading the dignity of the Indonesian government and reject any attempt change the function of the social facilities from the peace school to be the church. The mass also unfold the banner containing these statement, such as:

“Investigate completely the mafiaof the construction permitting of the houses of worship in the government ranks of DKI Jakarta, City Council of the Licensing Committee of Local Representatives of DKI Jakarta” “Strictly justified the government administrators of DKI Jakarta and the representatives that deriberately subverts the governmental authority by clashing those religious people in the area of Duri Selatan” “Let’s we together destroy all of the efforts that undertaken of duping people which performed by the local government bureaucracy of DKI Jakarta.” “DISBAND IT!!!” By the existence of forcing effort on that church establishment,

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ther are some dialogue performed and solving effort. The party of the church has sought the dialogue with the society that refuse that church establishment, the surrounding governmental apparatus from kelurahan, kecamatan, regent and governor and also the police apparatus and FKUB of DKI Jakarta.

[2] The Governor Jokowi’s Initiative Jakarta Governor Joko Widodo (Jokowi) come and seek solutions to residents who refuse development plan of the Paroki Damai Kristus church on April 12, 2013, during a visit held a mediation meeting to the people who had been refusing a church building in the complex of Masjid Al Ulama, Jalan Duri Selatan, Tambora, West Jakarta.21 The conducive and comfortable atmosphere among the community to be the serious attention concerned by the number one person in Jakarta. In that mediation meeting, Jokowi want to hear directly from residents about that the residents rejection problems, finding solutions and reminds all parties to respect the norms of decency and civility, and asked the importance of good communication between community leaders and religious leaders. Jokowi also underlined that the issue of the refusal of the church, if not be handled immediately will become an even bigger problem. Post-visit or blusukan Jokowi that become the habitual trend of this Jakarta Governor is to know the problems the people of Jakarta, until the current disruption of Peace church to worship Damai Kritus Tambora to worship, do not exist anymore. Even the principle of allotment permit establishment of the church has been issued by the Governor.22

[3] The Intolerant Mass to Refuse Lurah Susan, The Ministry of Internal Affairs supports them The Jakarta Governor Joko Widodo places Lurah Susan Jasmine in Lenteng Agung since July 2013. Lurah Susan was appointed as headman having escaped “the auction office” in the new government of DKI Jakarta. After placement of Lurah Susan in the Lenteng Agung, he protested by 200 people Lenteng Agung society calling itself the General Forum of Placement refusal of

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Lenteng Agung and later renamed as the Lenteng Agung Citizens Forum, at the end of August 2013. The rejection of Lurah Susan is based on some reasons. First, Lurah Susan is Chatolic. Second, Lurah Susan is a woman. Third, the location of Lurah Susan displacement is a moslem majority area.

Photo: TEMPO/Eko Siswono Toyudho

Masses and religious leaders doing act refuse Headwoman Susan in front of Lenteng Agung Subdistrict office, Jakarta on Wednesday August 28 2013.

Against these arguments we can judge that those whole factors are discriminatory and unconstitutional. Discrimination, as we know, is “Any restrictions, harassment, or exclusion that is directly or indirectly based on human differences on the basis of religion, ethnicity, race, ethnic group, class, social status, economic status, gender, language, political beliefs, that resulted in a reduction, or elimination of irregularities recognition, implementation or application of human rights and fundamental freedoms in both individual and collective life in the political, economic, legal, social, cultural, and other aspects of life.”23 Meanwhile, in the state constitution of 1945 Constitution of NKRI in Article 27 Paragraph (1) states that “all citizens are equal before the law and government and shall abide the law and government, with no exceptions.” In another article in the Constitution, namely Article 28D paragraph (3) stated that: “Every citizen has the right to

138 STAGNATION ON FREEDOM OF RELIGION obtain equal opportunities in government.”. With reference to the provisions of positive law in force in Indonesia, it is obvious that all the arguments behind the rejection of Lurah Susan placement is something that discriminatory and unconstitutional. It shows lack of understanding of the refusal of citizens to the provisions of state law. The rejection attitude against Lurah Susan shows about the thickness degree of intolerance in our society that may not be on the basis of spontaneous public awareness but mobilized by intolerant groups that “the same” too. Observers of SETARA Institute received confirmation about this intolerant group mobilization. According to the testimony of citizens who were interviewed while at the location of demonstration, he admitted that they initially did not know the context as well as an invitation to participate in the demonstration at that day. They were simply told that they were invited to perform recitatio. In addition, according to some residents, the demonstrators were mostly nonresident of Lenteng Agung.24 Even more ironically, the Minister of Internal Affairs, Gamawan Fauzi, come to speak and show submission to the will of intolerant groups and expressing lack of understanding of the provisions of the constitution. Gamawan suggested that the presence of the Governor Jokowi reconsider Lurah Susan Jasmine in Lenteng Agung, and advised Jokowi to be mutated to a non-Muslim area. Internal Affairs Minister’s statement of public condemnation, even publicly declared disobedience the Internal Affairs Minister on the state constitution, which the placement of someone as the state officials should not be linked with religion and beliefs. What was delivered by Gamawan raises the pro and contra. The pro course delivered by the subordinates of Minister of Internal Affairs, who called what the Minister of Internal Affairs’ statement is proper sentence and should not be mistaken. However, negative reactions to Gamawan Fauzi also popping up everywhere, one come from the Vice-Chairman of the Regional Representative Council (DPD) RI, Laode Ida. To the media, Deputy Chairman of the Council Laode Ida on September 29, 2013, stating that the Internal Affairs Minister is very strange attitude and impressed nuances of SARA (ethnic, religious, racial, and inter-group) when

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requested the Jakarta Governor, Joko Widodo to evaluate the placement of Lurah Susan Jasmine Zulkifli as the non-Muslims as Lurah Lenteng Agung, South Jakarta. Laode explicitly mention the interior minister statement as something “inappropriate expressed by a state official, let alone the minister.” Even according to the Ministry of internal Affairs statement, Laode build an impression that the minister is anti-pluralism person. While pluralism is part of the socio-cultural reality fully guaranteed in the state constitution. In the perception of SETARA Institute, the statement of Ministry of Internal Affairs that is still questioning about differences in ethnicity, religion and race - eventhough the state constitution clearly guarantees every populated religion in accordance with their respective own religion, and entitled to vote and to be elected in a democratic system of state government -shows constitutional anomalies that have occurred in the implementation of so many countries. The Internal Affairs Minister should set good example to the public in a manner by supporting consistently through the placement policy constitutionally and prioritize meritocracy. Minister of Internal Affairs, as state officials should not be subject to the willingness of a group of people who behave and act intolerant. But the attitude of Minister of Internal Affairs in the case of Lurah Susan shows just the contrary one. Objectively we should say that the attitudes and statements of the Minister of the Internal Affairs showed about the low sensitivity of public officials in the cabinet of President SBY, as well as the weak degree of each statesmanship. Gamawan Fauzi preference in the case of Lurah Susan adds a long list of ministers who do not have sufficient competence to be the protector, guardian, and servant of all citizens, as has been the historical function of the state and state officials.

[4] The Attitude of Governor and Deputy Governor, a Lesson for SBY Lucky the Indonesia and for the diversity in religious/beliefs life, the governor of DKI Jakarta and its deputy choose to not subject against the interest and willingness of intolerant groups. They staunchly holding on the constitutioal mandate of Republic of Indonesia, about the primordial background of someone is not the basic of appointment and displacement of puclic figures in

140 STAGNATION ON FREEDOM OF RELIGION state government. The governor Jokowi choose to understand about the problem comprehensively. The witness of one residents in Lenteng Agung said that the demonstrans tends not know the meaning of demo and demonstrant who are not from Lenteng Agung residents is also known by Jokowi. To the media, Jokowi said that the rejection of Lurah Suzan placement more related to competition in the internal placement of government officials. 25 Jokowi refuse the rejection performed by the intolerant group and stay to not change his decision of changing or not to mutate Lurah Susan to another Kelurhan. He selection based on te constitutional provisions that the religion is not the consideration of determining someone’s position in government. The firm stance of Governor Jokowi about the selection and placement of officers or civil servants (PNS) in the scope of a particular job based on merit and ability. Not based on other factors that are primordial and can lead to discrimination and unconstitutionality, such as religion, ethnicity, and so on. The Governor’s statement is also supported by the Vice Governor of Jakarta Tjahaja Basuki Purnama who insisted will not mutate Lurah Susan Jasmine Zulkifli because of religion and urging a group of people. Deputy Governor explained more clearly, work placement is not determined by one’s primordial problem, but because the performance of the individual meritocracy.26 By saying that statement firlmy, Ahok, the nickname of Basuki, guaranteed to not mutate Lurah Susan to another place. Moreover, Ahok suggested the Minister of Internal Affairs to re-learn more about 1945 Constitution. To response Jokowi and Ahok who strongly enforcing the constitution, Palti Panjaitan, the Chairman of The Solidarity of Victims of Freedom of Religion/Belief (SOBAT KBB), who also being the Cleric of Huria Kristen Batak Protestan (HKBP) Filadelfia, suggested the President of SBY to learn from Governor of DKI Jakarta, Jokowi, about how the leader solve the problem related to the religion, belief and worship from the intolerant groups in Indonesia. There are two examples of the lessons suggested by Palti to

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be learned by SBY from Jokowi. First, how to respond to rejection of residents over the placement of Lurah Susan Jasmine as the Headman of Lenteng Agung because of she is Christians. Second, SBY must learn from Jokowi how to deal with the problem of the Catholic Church in Tambora. There are certain groups who urged the church to be closed. However, Jokowi reject it, because he cling on the constitutional mandate. People worship was guaranteed by the constitution, not dependent on other people to be agree or not. Palti also give the case sample of intolerance that hit his leaded church, HKBP Filadelfia church in Bekasi, and what happened to the Indonesian Christian Church (GKI) Yasmin, Bogor. It’s been two years since the church was sealed case that is not clear that the church can not worship in the church. Routinely, they also chose to worship in front of the National Palace once every two weeks. However, until now there has been no response at all from the president.27 Until now, there was no evidence that the President has made adequate measures as the head of state and head of government to carry out the command to the 1945 Constitution guarantees the rights of citizens to run the appropriate religious worship and belief. There is no evidence that appeared show he had been running his promise. Instead, it is a proof-by-proof that he is so tolerant to the intolerant actions. As stated in the monitoring report of SETARA Institute a year ago, the President was never doing a real act, in addition to once again make a speech and make an appointment, which is so pronounced and forgotten. Nothing seemed initiative to solve problems and act as a nurturing state officials. In that context.

D. Islah and Community Peace: the Resident’s Initiative in the Case of Syiah Sampang One of the most heartening episode in case of prolonged melancholy story of Syiah Sampang is the process of reconciliation (islah) and peace between people in conflict, the attacker (perpetrators) and refugees (victims). Previously, there are actually some hopes of progress of the Syiah Sampang community case. As reviewed as in the previous chapter, on

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June 1, 2013 ten representatives of refugees of Syiah Sampang citizen ride the onthel bicycle from Surabaya to Jakarta to meet President. The action they do to encourage the central government to act and to take a more assertive policy in carrying out its obligations to restore the rights of victims of the attack on the Syiah community in Sampang. They arrived in Jakarta on June 16, 2013. From Jakarta, the hope seems to appear. On July 14, 2013 the president met representatives of ten refugees in his home, in Cikeas. In this meeting Yudhoyono promised to restore the rights of victims and even promised to lead directly the reconciliation (islah)meeting with the parties related to the events of the attack. Unfortunately up to now, he has not been able to realize his promise. Reconciliation (islah)efforts that undertaken by the government later appeared giddy and still far from expectations. The reconciliation (islah)team coordinated by Prof. Dr. Abdullah A’la who is also the rector of UIN Sunan Ampel Surabaya, walked slowly and without a clear scheme. Civil society initiatives was accused by the government in an attempt worsen the situation. The The governor of East Java stated that on December 2013, his institution have allocated about Rp. 2,5 billion from East Java APBD in order to establish about 150 houses for society relocation of Syiah Sampang, but until now, there is no clarity of that program will be realized. Meanwhile, the victims’ fate is uncertain and haunted by the followed violations.28 But, this real conflict has own very good capital to arrive on resolution phase, that is intra-element reconciliation (islah)in a conflict; within the attack perpetrators and the victims. The cultural process in grassroot gain the promising phase.

[1] The Chronology29 Islah dan Piagam Perdamaian Rakyat sesungguhnya berawal dari situasi kekecewaan pada diri warga masyarakat Sampang yang melakukan penyerangan pada Agustus 2012. Kelompok penyerang merasa kecewa karena tidak ada bantuan dari pihak-pihak yang melakukan provokasi sehingga terjadi penyerangan pada Bulan Agustus tersebut. Mengapa para penyerang kecewa karena tidak dibantu? Sebab, sebagian penyerang juga mengalami luka-luka

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bahkan ada juga yang dipenjara meskipun divonis sangat ringan. After they think and meditate what has happened in their village, and attack they did, they realized that they did not attack anything to do with the Sunni-Syiah relations, but rather due to the presence of particular interests. With the disappointment and awareness of some of the attackers began to wonder. That such circumstances is actually a good capital to reconcile the parties that directly involved in the conflict, they are the attacker and the victim. Unfortunately, it is not utilized properly and promptly by the reconciliation (islah) team headed by Prof. Dr. Abdullah A’la, rector of IAIN Sunan Ampel Surabaya. It was not because of the lack of willingness of Prof. Dr. A’la, but rather due to the limited mandate and powers for the Reconciliation (islah)Team.30 To not waste that such a situation, the Institute of Islamic Unity (LPUI) in Pamekasan have the initiative to help the Reconciliation (islah) Team. LPUI move directly into the focus of the problem in the case of attack, ie, by meeting the parties who involved in the attack incident. The perpetrators then collected asked by LPUI to talk in all candor. From some discussion, by the time, the perpetrators are fully aware that the conflict have so far only harming the residents. Actors driver admitted that they had tired to reconcile that characterized with hatred and violence. They wanted to promote unity and harmony in a way that is sourced from conflict dispelled misunderstanding and incessant provocation happened to them. They realize that the conflict have create a gap and distance among them, from their brothers, the refugees of Syiah Sampang who now live in Rusunawa Puspo Agro Sidoarjo.31 In addition to building the awareness, they also slowly turn on the commitment of reconciliation (islah) and unity with those who still evacuated in Sidoarjo. They are also preparing to welcome the Syiah refugee return back to their normal life in Karang Gayam and Blu’uran within the time that expect not too much longer. According to the evacuated residents, the meeting in order to build reconciliation (islah) and peace, has held two times in two weeks of September. It starts with communication through

144 STAGNATION ON FREEDOM OF RELIGION the telephone and the presence of representatives of the villagers, especially the leaders and violence actors that has alternately came Rusunawa. Next on their own initiative, the meetings is arranged in Syiah citizens evacuation place, in the Flats of Puspo Agro, Sidoarjo. Many people who want to come and meet refugees in the camp, but due to the limitations of transport, only 50 people can join to meet the refugees in the Rusun Puspa Agro. They came to evacuation place of Syiah refugee at Rusun Puspa Agro, Kecamatan Taman, Sidoarjo regency, on Monday afternoon, September 23, 2013. They agreed to make peace and want to live life side by side in harmony. The arrival of residents of Karang Gayam, Blu’uran, and Panden warmly welcomed by Syiah Sampang residents in rusun Puspa Agro. Not just to visit, the arrival of Sunnis is intended to apologize and invite for making reconciliation (islah) or peace with Syiah residents in that evacuation place.

Islah Syiah-Sunni reconsiliation. Some Syiah and Sunni members from Sampang Madura, forgive each other after reciting peace agreement letter, when members of Sunni and Syiah Sampang Madura reconsiliate in refuge of Syiah in Pus,pa Agro flat complext, Jemundo Sidoarjo, Monday September 23. The Reconsiliation remarked the end of conflict betweeen Syiah and SUnni in Sampang Madura, specially and all around Indonesia generally. (Antara Foto/Eric Ireng).

During the meeting both sides embrace each other, mutually apologized and committed to building peace and committed to

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bringing back refugees in the near future. The substance of peace or reconciliation (islah)between them has actually taken place. Then the commited to tight this reconciliation (islah) process through the written text for a rememberance, either for the villagers or refugees, and by doing this, then they will be easy to socialize the outsider about that moment. Last, they finally stipulate the reconciliation (islah)commitment in a charter that named Peace Treaty of People (Piagam Perdamaian Rakyat) that signed by representatives from those both side, the villagers and refugees. That treaty mainly contains, are:First, those both parties stated their willingness to live together as brother, family and relatives. Second, those both parties wanted to forget about the incident and repair the misunderstanding among them. They will prioritize the unity and brotherhood among each other. They also wanted to respect their certain beliefs and not to give proselityzing to the residents who has his/her own beliefs. Third, those both sider stated their strong willingness to remove grudge and to burry the hatred among them. The initiative of Sunni and Syiah Sampang residents to do reconciliation (islah) and to state a peace is the basic modal for the whole of reconciliation (islah) process. Momentum and good initiative has been constructed together by the grassroot people, and it needs to be responded positively and to be supported by the state in the manner of pressuring the acceleration of that reconciliation (islah) that has ongoing and initiated directly from the ground, by the parties who directly involved in the conflict. The government can give support through its policy, access and to actualize the programs of reconciliation (islah) empowerment. Although reconciliation (islah)is not completely perfect, but it was more than enough for Reconciliation (islah) Team to conduct some perfections. Based on reconciliation (islah) and the Peace Treaty, it is sufficient for the Government to facilitate the return of displaced residents gradually, building homes that were damaged, as well as improving the welfare of citizens in the former location of the conflict. Governments also need to make

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program seriously to educate all those who do not agree with the reconciliation (islah)process that is already undertaken.

[2] The Appreciation from Various Circles The process of Islam that done by parties, got appreciation from various circle. Jusuf Kalla, former Vice President of Republic of Indonesia (RI), is one of the initiators of peace within the state and GAM, initiator of Malino pledge I and II, and also the Chairman of Indonesian Mosque Council and the Chairman of Indonesia Red Cross, supported islah that already gained by Sunni and Syi’ ah Sampang. JK supportef that moment by creating a meeting plan with the governor of East Java, Soekarwo. The Professor of UIN Syarif Hidayatullah Jakarta, Azyumardi Azra, who is also Chairman of the Advisory Board of the SETARA Institute, expressed his confidence to the prospects for reconciliation. Chairman of NU, KH Said Aqil Siradj, also provide moral support over the reconciliation (islah) that has been agreed with the way the team met initiators and signatories to the Charter of Peace. Even the Presidential Advisory Council (Wantimpres) which is represented by one of its members, Albert Hasibuan, hoping that the reconciliation (islah) that has been good to be socialized. Hope was delivered by Albert after receiving the resident representative of Sampang in the Wantimpres Office, Jakarta, on Thursday, October 3, 2013. The resident representatives who attended, among others Nur Tamam, head of the Islamic Unity (LPUI) Pamekasan and local priest KH Syuaibi, accompanied by Legal Aid Foundation Universalia (YLBHU). They came to explain the process of islah that occurred on September 23, 2013. After receiving a complete description of the representatives of the two conflict siders , Albert believes that islah (reconciliation) that has happened is something that is purely from the consciousness of citizens, without any enginereed. After that, all parties need to be convinced as well that there are some who still doubts over this islah (reconciliation) process. Albert beliefs to correlate with repeated statements of citizens who signed the reconciliation (islah)that they were tired of the

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conflict. Along with Albert, Chairman of LPUI, Nur Tamam said, the islah (reconciliation) that has occurred is a mutual agreement after taking a number of ways, one of which is silahturahim (hospitality). Islah, he said, was signed by 75 people representing residents and 35 people from the Syiah group . It needs the help of all parties, especially the central government, to follow up the islah (reconciliation). The government requested help to convince those who are still concerned about islah (reconciliation). If the people who are already doing the reconciliation (islah) is not supported, there is worriying situation that will be exploited by those who do not want peace to return to divide people as well. But, the big support from many circles, finally will not help well the progress that gained already, because they indirectly connecting with the policy maker or policy executions. So, in this context, the most to be waited roles to follow up the islah is government, either the central government of local/regional government.

[3] The Response of Kyai, The Local Government and Central Government The big thing performed by the residents, is more than enough for them in order to re-establish the harmony life within Sunni and Syiah. What are they waiting for just the initiative of government to immediately facilitate the refugees from evacuation place to their village. But, for the Kyai and government, either in local or central level, is not enough. The positive effort that performed bt the residents not welcomed well by the governmental apparatus. Some of them are actually questioning and trying to weaken the islah movement from the lowest level by searching the reasons to not support this activity. During and after of islah, there is obstacle against the reconciled parties. The accessibility to the refugee is limited. Some of Sunni Sampang residents are complicated to meet their relatives of Syiah Sampang residents in Rusunawa Puspa Agro Sidoarjo. Several parties which confess to get command from Police moreover tried

148 STAGNATION ON FREEDOM OF RELIGION to threat of messing up that event by complicating the resident of Sampang to get in Rusunawa Puspa Agro. Meanwhile, the police quibble that they just perform what was commanded by the police. Peace that has been constructed is also hassled by intolerant groups. Syiah residents who returned home after the reconciling, are under pressure. The signatories of the Sampang peace when they wanted to return intercepted on the road in the village by intolerant groups, arguing they should not smuggle refugees return home According YLBHU, based on incoming reports, the local kyai also trying to disrupt the peace. Residents driving reconciliation (islah)was taken by police to meet the Kyai who are ever forced the Syiah people to repent several times ago. What is surprising is the response of the Central Government. Despite the peace between conflicting residents in Sampang, Madura, has occurred, the Minister of Religious Affairs Suryadharma Ali even questioned the peace. The reason, peace or reconciliation (islah)does not involve the government and local priest. Like covered some media, Suryadharma said that he and government officials do not know anything about such reconciliation. He said he did not know who the parties to mediate peace. Even Suryadharma accuse any party who wants to take advantage of the conflict in Sampang. Suryadharma added, the government interest in the realization of reconciliation (islah) in Sampang. For that, he hopes the reconciliation (islah) process is done together. The government, he said, he also welcoming there are parties who wish to participate bring about reconciliation. Instead of a positive response to the initiative of the people involved directly in the conflict to make peace, Suryadharma Ali chose to suspect the reconciliation (islah) process. He said that the government was not involved and was not informed priest. This is in contrast with the residents who signed the reconciliation (islah) statement. They confirms that what they are doing already with the knowledge and even the direction of Prof. Abdullah A’la, Reconciliation (islah) Team Leader designated by the Government. Generally, what is done by the government, both local and central in responding to reconciliation (islah) and peace that

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has been achieved, is disappointing. The government turned a blind eye to the fact that some reconciliation (islah) and conflict resolution that is relatively effective resolution and reconciliation (islah)are constructed of layers in which the conflict between the parties involved in the conflict, instead of coming from outside and imposed from above (top down). Actually what has been done by the parties directly involved in the conflict, has the precedent in Indonesia, that is the bloody tragedy Sampit, . In Sampit conflict, the peace process begins with a cultural resolution between parties. The parties, in the context of a representative Madurese and Dayak Sampit, first build understanding and consensus for silaturrahmi and towards peace. Each party then make agreements relating to the substance of handling conflict and post-conflict situations. “Islah” between the parties directly involved then formalized by local government and local parliament in the form of Local Regulation about Community Impact of Conflict Prevention. Thus multicultural conflict resolution policy is bottom-up. Basis for policy decisions are agreed by the parties to mutually recognize each other over the identity and existence of each (political recognition) and to coexist peacefully with each other (peaceful co-existence). Such policies clearly more effective and efficient than other conflict resolution policies. Peace that is now growing in Sampit born of conflict resolution policy process is bottom-up and mutual recognition between the parties directly involved in the conflict. The success of multicultural conflict resolution Sampit bottom-up can be compared with other areas of conflict in the multicultural, say for example Poso and Ambon which is still volatile. So, what is done by the central government responded to the reconciliation (islah)of citizens in Sampang conflict by choosing to suspect reconciliation, considered themselves a high central government so offended because they feel not involved, a reflection of the attitude that is not proper as the state administrators. Government should recognize the islah performed by residents and later supports even, if necessary, to formalize the reconciliation (islah)with formally poured into the state legal document that is binding on all parties, including the government itself. What do

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the citizens of an initiative that mitigates the responsibility and obligation of the government. So the government should thank, support, and take measures to follow up the islah of the country.

E. The Diversity Management of Sultan HB X in DI Yogyakarta32 Demographically, Special Region (DI) Yogyakarta has a population of 3,457,491 inhabitants. Judging from the composition based on the religious affiliation of the population can be detailed as follows: Muslim population of 3,179,129 inhabitants (91.95%), Christians of 94 268 people (2.73%), followed by the Catholic life of 165 749 (4, 79%), Hindus numbering 5,257 people (0.15%), Buddhists by 3,542 people (0.10%), Confucianism beeragama population of 159 people (0.00%), the other 506 people (0.01%).33 The development of places of worship in Yogyakarta adequate if it is associated with the composition of the population. The number of places of worship in Yogyakartarecorded 11,972 units, which consists of a place of worship of Muslims the mosque as much as 6,053 units, 3,588 units violated, and mosque 1,928 units. While Christian place of worship consisting of 195 units and house church meetings as much as 23 units. Catholic places of worship consists of the parish church as much as 28 units, stations 39 units, 72 units and a chapel. The place of worship of Hindus temple consists of 20 studio units and 2 units. While the place of worship of Buddhists and Confucian temple and pagoda are as many as 24 units.34 Yogyakarta is a city of education, as well as city tourism and cultural center. Historically, Yogyakarta was once the capital city of Indonesia when the government has been built in the capital city was in a state of emergency. At that time, the suggestion and advice of Sri Sultan HB IX then temporarily move the capital of the Republic of Indonesia in Yogyakarta and the unity of the nation and recognition of sovereignty can be done well. Considering past history, it can be said that Yogyakarta is one important part in the history of Indonesia, especially in terms of the state administration. The existence of the Republic of Indonesia in critical fragment of history cannot be separated from the role of Yogyakarta. With the help and advice of Sultan HB IX, the King of Keraton Yogyakarta, Indonesia managed to maintain its sovereignty

151 THE REPORT OF CONDITION ON FREEDOM OF RELIGION/BELIEF OF INDONESIA IN 2013 from the threat of colonial. As it is known, Yogyakarta is currently the special areas in which there is a wide range of cultural diversity, in addition to the world of education that is also one of the goals in a career focused education. Therefore, it manifests as a miniature Yogyakarta as the multicultural- plural Indonesia. Diverse primordial background of penetrate Yogyakarta, along with the many current that led humans to Yogyakarta in order to study or learn about a variety of things, especially the culture. And almost the entire area of ​​origin of the parts of Indonesia, which sent students to study in Yogyakarta has student family ties here. It has implications for the increasingly diverse groups of socio-cultural in the society of DIY. The situation of freedom of religion/belief in Yogyakarta is relatively conducive related to diversity management that may not be released from Yogyakarta. Role Sultan Hamengkubuwono IX, commonly abbreviated by Sultan HB X, as the shaft power of culture/ cultural, political power even after the enactment of Law of Privileges DIY, is central to the management of diversity.

[1] The Attitude of Sultan HB X about Ahmadiyah One of the main issues that explain the portrait intolerance in Indonesia is related to the banning of Ahmadiyah. Discrimination, intolerance, and violence against Ahmadiyah have occurred everywhere that sometimes triggered by the organizers in the active state and persecute Ahmadiyah and its congregation. The action was then brought impacts on intolerance and discrimination as well as various violations to them in a wider scale. One of the determinant factors of the situation is the state’s decision to give juridical legitimacy to the acts of intolerance and the violation, through the issuance of Ministerial Joint Decree 3 about Restrictions on Ahmadiyah in Indonesia. Furthermore, the rise of the strong desire of local governments to undertake a similar prohibition by regulation based on LCS 3 the Minister. West Java and East Java, where Ahmadiyah grew rapidly there, has acted proactively to ban Ahmadiyah in the region, West Java governor has issued a Governor Decree of West Java number 12/2011 on Warning, Prohibition Doctrine and Activities

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Member of Ahmadiyah. As we know the Governor Regulation has triggered numerous acts of violence occur to the Ahmadiyah in various counties and cities in West Java.35 So it is with the province of East Java. East Java Governor has issued a policy prohibition Ahmadiyah in East Java through the East Java Governor Decree No. 188/94/KPT/013/2011. Related to SKB 3 Ministers and “trend” to ban Ahmadiyah, long ago in 2011, the Sultan HB X is expressly guarantee that does not exist and will not exist any decree or policy to ban Ahmadiyah in Yogyakarta. Ngarso Dalem, thus one call Sultan HB X, asserts that the diversity of religious life in Yogyakarta so far has been conducive. All religious groups and religious sects have obviously coexists peacefully. Therefore Sultan wants no provocations that undermine the existing order. To some media, the Sultan confirms, “There is no SK of prohibition Ahmadiyah congregation in Yogyakarta. As long as we live it’s always side by side, there is no volatility.” Thus, the Sultan has maintained a tradition of tolerance in dealing with the existence of other, even though it is different from the mainstream culture. Sultan gives opportunity to all elements of the religious group/beliefs to grow and thrive. As long as these groups do no harm, do not disturb, or do not attack other groups then there is always room for respectively to peacefully coexist. What was done by the Sultan firmly rejected to issue a decree prohibition Ahmadiyah appreciated by many circles. Some opinions from academics and human rights activists and democracy clearly call Sultan HB X as an example of diversity for government officials at the local and national level in Indonesia. The Chairman of the National Human Rights Commission at that time, Ifdhal Kasim, thumbs-up for Sultan HB X for the courage that refuses to ban Ahmadiyah that on that time being intensively socialized by the Central Government through the Minister policies of SKB 3, followed by acts of intolerance by intolerant groups. Chairman of the National Human Rights Commission said that the attitude which performed by Sultan HB X as the governor is the right step. In fact, Ahmadiyah in Yogyakarta obtain flexibility in the

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activity as well as other residents. Not politico-legal restrictions to them. They have equal opportunities to live, to work, and to conduct social activities in Yogyakarta. The schools that established by Ahmadiyah Foundation also get recognition and established as other educational institutions. Sultan HB X preference not to ban Ahmadiyah in the region is not without resistance. Islamic Defenders Front (FPI) as is usual in areas other woods in Indonesia, opposed the Sultan’s unwillingness to issue a policy to ban Ahmadiyah. FPI even was trying to make the issue of Ahmadiyah as a “transaction tool” of supporting the privilege when the Law of Privileges of Yogyakarta pro-contra discourse in Yogyakarta and Indonesia. FPI in 2012 threatened to revoke the privilege of DIY support if Sultan HB X does not want to issue a decree of prohibiting Ahmadiyah in Yogyakarta. However, to the resistances against that intolerant group, Sultan HB X does not budge and still provide freedom to Ahmadiyah in Yogyakarta.

[2] The Attitude of Sultan against Syiah One of minority group which developed the numbers of violation on freedom of religion/belief in Indonesia along this 2013 is Syiah residents.36 That incident at the time some violation that happened inside in during 2013 was triggered by another assault and violation against Syiah resident of Sampang Madura in 2011 and 2012. After the case of Syiah Sampang, the existence of Syiah in every regions in Indonesia are disputed, whether intimidated by the intolerance group. In Yogyakarta, ripples of intolerance exhibited by intolerant groups began to surface. Several “unknown groups” were massively doing provocation and spreading hatred speech and misdirection of Syiah. Up to this report wrote, white posters containing misdirection against Syiah to many posted in the public spaces on the side of the road. Those posters can be found around Timoho, ranging from junction Jalan Adi Sutjipto around UIN, to the south by the City Hall of Yogyakarta. Patches misdirection and posters and flyers can be found even in the UGM campus mosque area. When SETARA Institute did observation on December 18, 2013, several large billboards measuring 2 x 3 meters installed

154 STAGNATION ON FREEDOM OF RELIGION are found in several places. One of them can be found in the area around the South Ringroad Madukismo Sugar Factory. In the billboard contains misdirection against Syiah, there is identity of the group of that billboard advertisers, namely Muslim Forum (FUI) Yogyakarta (see figure 1). Although as of this writing, no billboards are already in place.

Poster of Intolerance Groups while Doing Misdirection against Syiah (Photo by: Yosep Dian Sulistyo)

Besides that, intolerance group who doing intimidation and threat appeared in Yogyakarta. The community which becomes the object of assault is study group of Rausyan Fikr in Kaliurang. At least they approximately got the threat for twice. The first is on Friday, November 22, 2013. The educational institution that located in Jalan Kaliurang km 5,7 will be attacked against intolerance group that named is Forum Umat Islam (FUI) and Majelis Mujahidin Indonesia (MMI).

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But, the plan of that anarchy action was succeed to be defeated because of alacrity of police apparatus and local government. The King of HB X stated guaranty the security of Rausyan Fikr institute. Some media reported that the King already to command the Kapolda to arrest the persons or organizations that threat will do violation against Rausyan Fikr. The King strictly stated that the violation is wrong. He said that everyone should respect and appreciate another’s perception. In democracy, there’s no authoritarian behavior. There’s no person and organization can be selfish. If that violation which will be done to break the law and can be punished by articles of Criminal Law, police should immediately do arresting. According the King, the violation just can be muted by law enforcement apparatus. The threat of a second attack occurred on December 19, 2013. After a second threat, through short message communication with leaders Rausyan Fikr author obtained the information that the real threat to Rausyan Fikr. Intolerant group threatened to make Sampang MUI Fatwa to act on the Shiite community in Yogyakarta. However, according to him via text message, not so intolerant group attack. But they meet and engage in dialogue to MUI MUI. Intolerant group also submitted a letter to suppress MUI issued a fatwa that the Syiah is a cult. Against a growing phenomenon in of Yogyakarta on Syiah misdirection, Sultan HB X, is expressly will not take a position to declare the Syiah heresy or not. Sultan said that the accusations that misguided Syiah merely mention was made unilaterally by a particular group of mass organizations. Sultan asserts that “those who misguided is that say self-righteous”. The attitude of Sultan towards the intolerant group is appropriate by the way of mobilization the police apparatus of the legal region of Yogyakarta to prevent violence, also landing to arrest the person who did the threat of violence has been fixed. But in the future, to the increasing complexity of the ways that is done by the intolerant group against the residents of Syiah- not only exist in Yogyakarta but also in some other parts of Indonesia- Sultan HB X should take tougher action and fair in accordance to the state constitution Republic of Indonesia. Moreover, related

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to the Syiah misdirection which massively happened and left in public spaces and campuses, there began an emergency assessment that Yogyakarta experienced intolerance.[]

Endnotes

1 Primary and Secondary Data in this part are supplied by researchers of SETARA Institute, Aminudin Syarif. Several secondary datas are collected from Wikipedia, BPS, TEMPO magazine, and tempo.co 2 Most of the primary data on this part are suplied by the investigator of SETARA Institute for the intitiatif on diversity of religion/belief in Purworejo, namely Dwi Astuti Setiawan and Zainal Abidin. 3 In our public space, MTA is surely not as massive as NU, even MTA is actually being the mature organization. MTA is a proselityzing organization which formed in foundation that established by Ustadz Abdullah Thufail Saputra, on September 19, 1972. The establishment of the MTA’s foundation legalized by Notarial deed R. Soegondo Notodisoerjo, Number 23, Dated 23 Januari 1974 in Surakarta. Full Profile of this organization can be seen at http:// www.mta.or.id/sekilas-profil/. Accessed on December 18, 2013. 4 Ruslan Burhani, “MTA miliki 430 cabang se-Indonesia,” http:// www.antaranews.com/berita/395755/mta-miliki-430-cabang-se- indonesia, accessed on December 18, 2013. 5 Interview with Sudiwarno, staff of Politic and Nation Unity Council (Bakesbangpol) of Kabupaten Purworejo, on December 17, 2013 in Purworejo 6 Interview with KH. R. Junaedi Jazuli, the Chairman of Religious Harmony Forum (FKUB) of Kabupaten Purworejo, on December 17, 2013 in Purworejo 7 The statement letter of Residents about Rejection of Building

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Permit for Residence and Business Entity (Purworejo, Dated July 12, 2013) 8 Official documents of this rejection having the official identity: Official Report No.141.1/019/2013 about Society Security and Orderliness Related to the Activities of Al-Qur’an Interpret Assembly (MTA) in Desa Prigelan. The Interview with the Headman of Desa Prigelan, on December 18, 2013. 9 The complaint letter from residents of Desa Prigelan to the Regent of Purworejo about Rejection of the Presence Activities of MTA that located in Dusun Krajan Kidul RT 02 RT 03 Desa Prigelan, Kabupaten Purworejo, dated September 12, 2013. 10 The interview with KH. R. Junaedi Jazuli, the Chairman of Inter- Religious Harmony Forum (FKUB) of Kabupaten Purworejo, on December 17, 2013 in Purworejo. 11 The interview with Sudiwarno, the staff of Politics and Nation Unity Council (Bakesbangpol) of Kabupaten Purworejo. 12 Interview with KH. R. Junaedi Jazuli, the Chairman of Inter- Religious Harmony Forum (FKUB) of Kabupaten Purworejo. 13 Ibid. 14 Ibid. 15 The complaint letter from residents of Desa Prigelan to the Regent of Purworejo about the Rejection of Presence the Activities of MTA that located in Dusun Krajan Kidul RT 02 RT 03 Desa Prigelan, dated September 12, 2013. 16 Intervies with the Headman of Desa Prigelan. What was done by the Village Government stipulated in the Official Report of Mediation, on December 05, 2013. 17 Most Part of the primary and secondary data in this part are supplied by Researchers of SETARA Institute, Mr. Aminudin Syarif. 18 More Information, see the Report of Condition on Freedom of Religion/Belief in Indonesi, 2007-2013, SETARA Institute, Jakarta. 19 See the Kompas online news about this incident. The news is available in: http://megapolitan.kompas.com/read/2013/04/21/

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15010988/Warga.Tolak.Pembangunan.Gereja.di.Tambora, accessed on December 19, 2013. 20 For detail, see: Kronologis penutupan Gereja Damai Kritus Paroki Kampung Duri, 2007 21 “Tolak Pembangunan Gereja, Jokowi Damaikan Warga Tambora”, the news can be red on http://metro.sindonews.com/ read/2013/04/12/31/737453/tolak-pembangunan-gereja-jokowi- damaikan-warga-tambora, accessed on December 18, 2013. 22 The interview with member of FKUB of DKI Jakarta 23 Article 1, UU No. 39 Year 1999 about Human Rights. The Similar Discrimation Formulation is also used in various legislation, both domestically and internationally, that related to the human rights and constitutional rights of citizens. 24 Interview of SETARA Institute, on August 30, 2013 25 See some news in online web, one of them is in: http://www. beritasatu.com/aktualitas/134540-jokowi-penolakan-lurah- lenteng-agung-terpicu-persaingan-internal.html, accessed on December 16, 2013. 26 “Ahok Jamin Lurah Susan Tidak akan Dipindahkan”. The News can be download or red from: http://www.tempo.co/read/ news/2013/08/28/214508178/Ahok-Jamin-Lurah-Susan-Tak- Akan-Dipindahkan, Accessed on December 16, 2013. 27 Taken from secondary Data collected by researcher of SETARA Institute, Indra Listiantara. 28 In questioned violation, for more info can be red on previous chapter of this book. 29 This part arranged by writers on several primary data that collected by observer and researcher of SETARA Innstitute, namely: Andy Irfan and Akhol Firdaus, and the secondary data, mainly taken from press release from Legal Aid Foundation of Universalia, kompas.com, tempo.co, and sejuk.org. 30 The absence of Formal Legal Basis that explain job description and authority of the Team, create difficulty and limitation of the Team to gain the intitutional legal power of the government in

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technical rank. One of appeared difficulty because of the team’s disability, especially Prof. A’la to stir the bureaucracy to give supportive power for reconciliation establishment, and also for the job distribution of Reconciliation Team. 31 According to Mujahid, one of figure representatives of Sunni Sampang residents who meet the residents, some of residents and refugees are actually have blood and kindship ties. 32 The primary and secondary data in this part collected by one of researchers of SETARA Institute, Mr. Yosep Dian Sulistyo. Some of primary data are collected by the technic of observation and peer discussion. Whereas the secondary data are collected from many sources, such as from www.ugm.ac.id dan tempo.co, serta okezone.com 33 See BPS (The Population Cencus 2010).Penduduk Menurut Wilayah dan Agama yang Dianut Indonesia. Accessed from http:// sp2010.bps.go.id/index.php/site/tabel?tid=321. See also about the data of population reviewed from Regency/City, and also the diverse religion that exist in DI Yogyakarta on: Ministry of Religious Affairs of Republic of Indonesia, 2008.Gambaran Umum Provinsi DIY. Accessed from: http://yogyakarta1.kemenag. go.id/ index.php?a=artikel&id2=Gambaran pada tanggal 18 Desember 2013 34 Development of House of Worship Establishment and Social Activities Central or Education based on the quantitative data. See the detail on: Ministry of Religious Affairs of Republis of Indonesia. 2008. Gambaran Umum Provinsi DIY. Accessed from: http://yogyakarta1.kemenag.go.id/index.php?a= artikel&id2= Gambaran, accessed on December 18, 2013 35 In the annual report of 2012 has been discussed compreensively about the various kinds of violences against the Ahmadiyah congregation in various Regent/City in West Java Province. For the detail, see Halili, dkk. Kepemimpinan Tanpa Prakarsa: Kondisi Kebebasan Beragama/Berkeyakinan di Indonesia tahun 2012. (Jakarta,Pustaka Masyarakat SETARA, 2013) 36 This Violations against Syiah in 2013, has been explained in previous chapter.

160 CHAPTER V The Evaluation of SBY’s Leadership: Powerlessness until the End

A. Introduction 2013 can be called as the “pure” year of last leadership period of Susilo Bambang Yudhoyono. As known, 2014 is the year for legislative and new president election. SBY has officiated the President for two periods and impossible to be renominated. In 2014, the government and politicians in this country will focus to face election. That’s why, 2013 become the right momentum to evaluate the taken policy since his first period until the end of 2013. This evaluation includes the prominent tendencies in his leadership period as the Head of State and the Chairman of Government. Those questioned tendencies include various governmental fields of where SBY contributes for violation problems cumulation on freedom of religion/belief. Necessarily to be noted, the things that discussed in this part is relating to the failures of SBY in leading this country and government, to perform the governmental obligations and responsibility in guaranteeing protection of freedom of religion/belief as the fundamental and constitutional rights of all citizens. Thereby, this evaluation just become the red raport card for SBY that generally impacted to the plenary stagnation on the life of religious/belief in Indonesia.

B. The Preservation of Violation and Politics Discrimination One of the prominent aspects in two periods of SBY’s leadership

161 THE REPORT OF CONDITION ON FREEDOM OF RELIGION/BELIEF OF INDONESIA IN 2013 in the field of human rights, particularly the rights to be free embracing the religion/belief is about the maintenance of violation acts. Violation is one of prominent act performed by the state actors and non-state actor in the living arena of religious and beliefs. Violationas is the reflective form for incivility1 that generally befalling on minority. Violation by violation against the minority groups can be seen since the first period of SBY’s leadership. Some of those violations that ever be reported by SETARA Institute in 2008 are the violations against the sect of al-Qiyadah al-Islamiyah, led by Ahmad Mushaddeq. This sect has 68 cases of violation that mostly used violence instruments, either performed by the sate or the citizens.2 In 2008, the violation useage are mostly done by the state and the society gainst Ahmadiyah congregations. Violation against Ahmadiyah, was mainly triggered by the issuance of joint decree of 3 ministers about the restriction of Ahmadiyah. The congregation of Ahmadiyah experienced some forms of violations that actually suggested to the people by the government againts Ahmadiyah congregations. But the facts shows that violations against Ahmadiyah are continously happened and no actions which pointed to the perscution actors of Ahmadiyah. After 21 violation objects happened in 2007, in 2008 the congregation of Ahmadiyah became the object of 238 violations, which mostly are in the form of violation that should be charged with the Criminal Code, as threated as by such SKB of 3 ministers. But the fact, those violations can be performed by the state both in verbally and symbolically that legalized by the state and the administrator apparatus.3 Violence against Ahmadiyah was actively ongoing. In 2009, Ahmadiyah experienced 33 violations that mostly are violence, started from the forced dissolution of worshipping activities, the mosque’s sealing, until the attack actions that just be “watched” by the state apparatus4. In 2010, they also experienced many kinds of violences. About 55 violences which performed by intolerance groups, either the state actors or non-state actors, befalling on them.5 In 2011, the escalation of violence against the Ahmadiyah was higher. 114 of violations override Ahmadiyah are mostly formed in the violence, either in verbal, symbolic, and physical. A total of nine places of worship of them become the object of violence. 6 Even in that year, a barbarians attack occured against Ahmadiyah congregation in Cikeusik,

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Pandeglang, Banten that done by hundreds of people who triggered his hatred on the basis of majoritarianism religious views, which led to human casualties, in which five people were seriously injured and three others died. In 2012, the Ahmadiyah violence continues. They were experiencing 31 times of violation that performed by state actor and non-state actor. And in this 2013, various groups of intolerance, especially the religious and social organizations, still doing violence to the Ahmadiyah congregation. They suffered 59 violations, which are dominated by various forms of violences. The violences with religious/belief motives are not only bafalls on Ahmadiyah congregations. The Christians in this country are “consistently” are became the violence objects from intolerance groups. This problem they have experienced within the span of long time. Whereas, they have equal historical right which to be treated fairly as the citizens as same as the other religious congregation in this republic. The president Susilo Bambang Yudhoyono, is verbally, in his speechs, particularly attending the celebration of Christmast Eve anually, always states that the religious harmony that covering the whole of religious people in Indonesia. And SBY always guarantees that the government he leads will ensure to do intolerance acts, discrimination and violences against to all of religious people. But the fact is, the Christians always become the victims group of violence inthe name of religion. Those violences are the dissolvement of worship activities, force closing the house of worship, and explusion the congregation who were doing worship, up to the attack against the church and the Christians who worships. In 2007, the Christians got 28 violents that the whole are almost in the form of violences. In 2008, the violation against them decreases into 15 violations. That reduction is caused by the escalation of violence performed by intolerance groups that is very high befall on Ahmadiyah congregations. In 2009, the Christians become the victims in 16 violations that mostly are in the form of violences. Then, in 2010 they become the most victim group in the case of violation on freedom of religion/belief. There are 75 violations befall on the Christians, and most of it are in the form of violations.

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Further, in 2011, the Christians become the violence objects in 54 cases of violations. In the next year, 50 violations befall on them. And in 2013, the Christians became the violations’objects that had 48 cases. In the two periods of leadership of SBY, two of minority groups, they are Ahmadiyah and Christians, in turns to be the most victims group that experience violation on freedom of religion/belief. If Ahmadiyah became the most victims of violation, so the Christian became the “runner-up” of being the victims of violation, or vice versa. Not only the Ahmadiyah congregation and the Christians, the violence also often befalls another minority groups as a victims. Mostly of the minority groups that becom the violation’s victims is the Mystical Beliefs that accused as the misguided and misleading sect by the majority or the state through Bakorpakem. The violations against them are performed in the form of the attack from intolerance mass which led to cause the loss live of citizens, such as happened as in Aceh. Later, the Syi’ ah becomes the target of violence done by intolerance mass. As we know, the most severe violence against them is happening in Sampang, Madura. Besides to cause the death victims, the sporadic attack of mass to cause the mosque, pesantren and their residences are destroyed. So that, those residents should be evacuated and expelled from their residences. Those data shows that the violence by violence against religious minority groups gradually happened until the end of presidential tenure of SBY. That such violence seems to be maintained. Let to be happened it self without strong political will to solve it. Even, those such as violences by violence which happened on minority groups are triggered by politico-legal policies that deliberately are allowed or created, and relating the various violences to minority groups. The rule of law that shows the discrimination forms and become the basis of “violence maintaining” on minority groups of religion/ belief, such as following: First, the Law Number 1/PNPS/1965 is about Preventive action on Missaplication and/or Religious Defamation. Article 1 of that Law states that: “Every person is prohibited in public to tell, to recommend or to attempt public support, to do interpretation about certain embraced religion in Indonesia or to do religious activities that resembles the religious activities from that religion; interpretation and activity which

164 STAGNATION ON FREEDOM OF RELIGION deviating from that main religious teachings. “Through that Law, as stipulated as in Article 1, the Government discriminates the religious believers with interpretation that subjectively judged “not in line” with the majority’s interpretation. This causes exclusion phenomena of minority groups, which are clearly always not or almost ascertained not in line with the majority. Through that such logical construction, so it can be ascertained the potency of violence by violence against minority will appear. Besides that, the state intervenes too deep inside the individual forum internum of citizens, moreover to the interpretation space in their head and soul. The state already did serious legal violence to be “the moral police” of it. Therefore, the state is impossible to guarantee the legal certainty for all of citizens by creating and implementing the law that set the object and the abstract, vague, and absurd substancy. With that such absurdity, so the possibilities of state to lay on the regulation that legitimate the “moral police”, will appears. And the fatwa of MUI is usually being the base of acting. There is no changing construction from that law ratio in the leadership tenure of SBY. Some other regulation that also strengthen discriminative politics in the government of SBY is the Joint Decree of Ministry of Religious Affairs and Ministry o Internal Affairs Number 9 and Number 8 Year 2006 about Guidance of Task Implementation for Regional Head/ Deputy of Regional Head in Maintenance of Religious Harmony, Empowerment Forum of Religious Believers Harmony, and House of Worship Establishment (Joint Decree of Two Ministers). Factually, that regulation sparks difficulties that experienced by minority groups and used as majority “basic” to perform violences, such as sealing, explusion and attack as well. Another regulation is Joint Decree of Minister of Religious Affairs, General Attorney and Ministry of Internal Affairs of Republic of Indonesia (SKB) Number 3 Year 2008, Number KEP-033/A/JA/6/2008, Number 199 Year 2008 about Warning and Command to the Believers, Members, and/or the Official of Indonesia Ahmadiyah Congregation (JAI) and citizens. The SKB invites the intolerance group “to help the state” to regulate Ahmadiyah through the violence matters. Moreover, some regulations in local level are issued based on the

165 THE REPORT OF CONDITION ON FREEDOM OF RELIGION/BELIEF OF INDONESIA IN 2013 principles and contents that led to the above regulation. The questioned local regulation can be found in province of West Java, Banten, Kota Bekasi, Kota Bogor, Kabupaten Sampang, Provinsi Nusa Tenggara Barat, and so on.

C. The Weakness of Law Enforcement Within the complexity and problems of restrictive legal regulation against protection on freedom of religion/belief, SBY strives powerlessnessly adequate law enforcement to prevent and to solve the violences and violations that performed by intolerance actors which obviously shown to the public. Too many cases we can present to prove that the law enforcement apparatus not use its authority to enforce the law, at once to enforce its authority itself. The President SBY cannot mobilizes law enforcement apparatus in presidential authority domain, in this context are the police and attorney, in order to protect minority’s rights, to guarantee the fulfilment of freedom of religion/beliefs as the constitutional rights, or “at least” to guarantee the enforcement of the most conventional material law, the Criminal Code. In two leadership tenures of SBY, we show some “saving” stories of law enforcement powerlessness to fight intolerance masses. In 2008, there are 3 attack actions on house of worship with unclear law enforcement. They are, attack against GPDI congregations in Pondok Rangon, Cipayung, East Jakarta, which attacked by Islamic masses number around 200 persons on August 17, 2008. On October 11, in the same year, the attack occurred against mystical belief ritual house of worship of Sapta Dharma, Sanggar Candi Busonodi Dusun Perengkembang, Balecatur, Gamping, SlemanYogyakarta by FPI. The attack also occurred on October 30 against the Ahmadiyah Centre mosque, at Balikpapan I Street, Petojo Utara, Gambir, Central Jakarta by FPI. In the case of religious sect misleading in Aceh as the sample, the police cannot prevent mass assault and save the lives of that sect’s followere from mass aggression. The apparatuse cannot bring the perpetrators to the court. The law enforcement that should be confessed by us that relatively well implemented is while Rizieq Shihab and Munarman are brought to the court in 2008. The remaining, nothing worthed actions that performed by SBY to enforce the law on

166 STAGNATION ON FREEDOM OF RELIGION the occurrence of violation acts on freedom of religion/belief, moreover against the acts which obviously performed in the criminal forms. The weakness of authority usage of law enforcement officials, we can see in the mass rampage at Cikeusik in 2011. The attack against intolerance mass on February showed the failure of police apparatus in preventing the mass brutality that led into 3 death victims. That such case also shows the failure of that murder perpetrator in Cikeusik, because has prosecuted the executioners with very light punishment, maximal 7 months. So, it is rationally if based on that such charge sentence, the judge charged the perpetrators number 12 persons with sentences around 3,5 months until 6 months. So do the case of mass rampage on the church that occurred in Temanggung, Central Java. The police fialed to anticipate the anarchy action from intolerance group and failed to protect the Christian minority as well. The Attorney also failed to charge severe punishment on the perpetrators, so that the 16 suspects were prosecuted in the court just be sentenced with light punishment, that’s about 4 until 5 months with in prison subsidiary. In 2011, the police show its disability or unwillingness to enforcing law and justice for minority groups that become violence victims of the case of religious sect in Bireun, Nangroe Aceh Darussalam. The sect led by Tengku Aiyub got the attack from resident who accused Tengku Aiyub community is misguided. Because of that incident, Tengku Aiyub asked protection to the police apparatus because of manytimes intimidation and real violence. But in 2012, they got re-gain attack. The attackers finally burned Aiyub’s home that actually guarded by police and army, and police did not do adequate actions to prevent that such burning action. Moreover, the security personnels failed to prevent the abbatoir of Tengku Aiyub and two persons suspected his followers. About 9 persons are in critical condition because of that abbatoir. The police entourage in big capacity just came to identify and to evacuate the victims, police set up police line, 5 minutes after the burning and abbatoir action.7 The failed plenary exhibition in law enforcement by the apparatus, we can see in the case of Syi’ah Sampang. In that such case, the state administrator’s unwillingness accumulation happened, from the police department, intelligence service, to the court. The law not only fails to

167 THE REPORT OF CONDITION ON FREEDOM OF RELIGION/BELIEF OF INDONESIA IN 2013 guarantee justice for all citizens, but obviously be used as instrument to persecute minority group. On the case of deadly attack against Syi’ah I and II, the intelligence service of the state, fails to prevent violence and to punish the attackers. Even, Tajul Muluk, the victim that should be protected and be recovered his rights as victim, either the rehabilitation, compensation, or restitution, is precisely dragged by police and charged as the suspect, charged by the attorney with severe punishment, and charged by the attorney with 4 (four) years imprisonment. That punishment is based on the Article of religious defamation and unpleasant action (Article 162 and Article 335 of Criminal Code). The criminal prosecution case of Tajul Muluk is a sample of criminalization of intolerance victim and faikure of most vulgar law enforcement. The persecution on Tajul Muluk is done fast and sever with haphazard legal consideration and unaccountable process. Contrarily, if compared to the treatment on Tajul Muluk, the law enforcement officers from police, attorney until the court, are obviously defending the criminals who did provocation and attack on Syi’ah Sampang residents. The attackers were just charged between 3,5 months up to 1,5 year. Only the murder suspect of Hamamah was charged 4 years. The main suspect actor of the attack incident on Syi’ah, Rois Al- Hukama, even was acquitted. There are many awkwardness that obviously show the failure of law enforcement in that deadly attack case of Syi’ah Sampang resident. From the hatred speech, attack, omission, murder, and criminalization are the intolerance group crimes and state apparatus that can be responded by the state through the “normal” law enforcement. There is always a way of the law enforcement apparatus and institution to state that the guilty party in such context is Syi’ah minority.8 Who continuously demonstrate and failure anomaly of law enforcement by SBY’s government is the case of GKI Yasmin, Bogor and HKBP Filadelfia, Bekasi. The president not shows his strong willingness to enforce the law on the court verdict. Juridically in those both cases, that two Christian groups have won the state administration lawsuit, thus until the further appeal in Supreme Court. But it still cannot enforce the final and binding court verdict. 9 To see this reality, it’s hard to not say that there’s no serious action from the state, especially through its

168 STAGNATION ON FREEDOM OF RELIGION security apparatus that has authority to do necessary legal action for recovering situation. The omission on situation of law violating that is performed by the government, justifying the society or communal group to perform inconstitutional actions by violating another group’s rights. For sure, this is a portrait of no attention of violation on citizen’s rights. Several such narrations show that the law enforcement along the leadership tenure of SBY became a very brittle point in protection on freedom of religion/belief as the constitutional rights of citizens. Government of SBY has no power to mobilisize the law enforcement administrator under his authority to ensure protection on freedom of religion/belief.

D. Subjected to the Agent of behind the Name of Religion Violence One of another ways performed by SBY to maintain stagnation and intolerance of freedom of religion/belief in Indonesia during his leadership tenure is about the tendency to put the violence agents on the state law regulations. That such submission is shown by, such as; first, giving accommodation space for the group that obviously questioned by the society because often perform the attitude of violence usage. One of the samples of government’s attitude is on FPI (Islam Defender Front). FPI in many case happened in Indonesia, often perform the anarchy, violence, and communal arrogance (and interest as well) by shelter behind the religion. Whatever the reason, many involvement of FPI in many cases obtain justification and defense, because the optional witnesses are they who promoting violence. The people’s attitude on FPI, such as, which was reflected by Kendal public uprising over vigilante FPI. Although in some degree to remain must be said that in a democracy violence is not the right way to face violence, but what is shown is a form of public Kendal a sample of rejecting action on FPI actions. Another example is the number of anti-FPI action. Indonesia Movement Peace Without FPI as social movements in virtual world or on way action shows how the aspirations of the people against the violence that is often exhibited by FPI. But the government is not

169 THE REPORT OF CONDITION ON FREEDOM OF RELIGION/BELIEF OF INDONESIA IN 2013 sensitive and deliberately gives privilege space to the intolerance group. The accommodationist attitude against them shown by SBY, and exhibited vurgarly in front of the public. One of excessive accommodationist expression of SBY, is presented by his Ministry of Internal Affairs, who raised the FPI position as one of the important elements in the life of the nation. The Minister of International Affairs, Gamawan Fauzi in his statement on Thursday, October 24, 2013, as quoted by so many national media, calling for local governments to cooperate with FPI. The way of SBY’s government treats FPI actually strengthen and appreciate the use of violent that performed by other mass organization or social groups behind the name of everything. It obviously will enrich the practice of intolerance in Indonesia. That government behavior on FPI shows that Ministry of Internal Affairs and SBY’s government in general, prefer to do capitalization on FPI for certain goal and political interest, than do articulation and aspiration aggregation and society interest in general, for the national interest as well in order to constitutionalize the democracy, peace and civility. If the reason of government, particularly Gamawan, is because of his authority as Ministry of Internal Affairs to develop mass organizations, FPI should not be treated prefentially. The favoritism on FPI that shown by Gamawan is in contrary with the mainstream that demanding all of violence practice of FPI should be answered in front of the law. In the context of democracy, FPI indeed has same rights with another mass organization, but the kondite of FPI as the anarchy organization should be considered morally and ethically by Ministry of Internal Affairs. This calling will strengthen the role of FRI as the vigilante organization under the pretext of cooperation with local government to create ‘social order’ through various operations that violates basic human rights and citizen constitutional rights. That calling just will enrich the practice of intolerance.10 Second, by not asking legal responsibility on various intolerance acts that performed by minority groups. In many cases of violence on mystical beliefs that misleaded, the case of church sealing in Aceh Singkil, the government not taking adequate steps to ask legal responsibility to intolerance groups on their violence act and criminal acts.

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Third, demanding the light punishment charge to the violence agents. The tragedy of Cikesik, Temanggung and Sampang, as explained as previous point in this chapter, showing those facts that indicates about ‘subject’ to the violence agents. Fourth, by using the intololerance group’s violence to criminalize and to sentence minority group that even becoming the victims. What was perfomed by SBY, either through the police department or attorney that strengthened by the court, in the context of Syi’ah Sampang case, is a vulgar spectacle about the repression of violence agents is above the power of repression of state instruments. So that, instead of to repress the violence agents on their disobedience on state social order, that repression of that violence agent is used as justifying instrument to criminalize the victims.

E. The Harmony Regime and Camuflage Festival The religious harmony is the output and outcome from protection guaranty on independence of embracing religion/belief and worshiping for all of citizens in accordance to their own religions/beliefs. That is also the result of intolerance institutionalization, non-discrimination, and non-violence in life pranata on religion/belief. In the perspective of government, the harmony can be simplified by institutionalizing the harmony in religious people forum (FKUB), that even not as always11, but oftenly become new instrument for religious mayority groups to force their willingnesses and interests, and then to repress minority groups behind the name of harmony regime that is legitimated by the state. FKUB existence in many local government become instrument of communal tyranny of majority belief against minority groups. Besides that, President SBY also prefer to declare the words in facing the intolerance practice than to show concrete policy and strict attitude to build tolerance and to punish the group which break tolerance order, non-discrimnation and non-violence in democratic framework. There are many speechs of President talking about tolerance and freedom of religion/belief in Indonesia. In a momentum on June, 2008, the Presiden delivered statement, that:

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“Our state is law state that has Coonstitution (UUD), Law (UU) and applicable regulation. Not the violence state. So, related to the violence incident yesterday, I asked that the law shoud be enforced. The perpetrators should be prosecuted and be sentenced to the right sanction. This shows that the state cannot subject to the violence actions. The state should enforce the applicable structure for all Indonesian people’s interests.” ”The state cannot to subject to the violence actions. The state should enforce the applicable structure for all Indonesian people’s interests,”12

That statement of SBY is a response on attack incident that performed by Jihad Force Commando and Islam Defender Front on peace action of AKKBB in Monas on June 1, 2008. What is stated verbally by President SBY, at least congruent with what is expressed by the majority of academics and human rights activists and democracy, that the constitutional guaranty for all of citizens is clear in basic law and our laws. It means that there is what was stated by SBY with his super politico-juridical, is not worth at all as the State Head and Governmental Chairman. As in the previous years, in the Christmas celebration on 2008, President SBY stated his commitment through a statement that difference as the social reality in Indonesia which should be respected gracefully. In that difference, the tolerance, appreciation, and respect should be developed. SBY strictly said that “Indonesia is pluralistic nation of its religion, tribe, ethnic, place of origin and language. If those are cultivated well, so that plurality will bring Indonesia to have superior and glorious civilization that respected by people around the world”.13 Declaratively, what was stated by SBY is beautiful. But what is waited by the people factually not only the beautiful statement, but the real executorial actions to prevent various intolerance acts, discrimination and crime against other groups. Along his leadership tenure, in the context of basic rights protection on the field of religion/belief, President SBY show verbal leadership – prefers to give speech talks about tolerance than working seriously

172 STAGNATION ON FREEDOM OF RELIGION and measureably to build tolerance by giving freedom guaranty to his citizens. The political willingness seems invisible to promote freedom of religion/belief. Without political will and seriousness from the Head of State to give freedom guaranty, so the tolerance will become political words from a president who has no contribution on promoting human rights. The statistical dara that collected by SETARA Institute shows about that matter. In 2012 for example, not less than 15 times, President SBY delivered tolerance message in many events, a little bit more than while in 2011, where the President SBY delivered tolerance speech for 19 times.14 Like in previous years, the President in 2013 prefers to play the words in attempting to promote tolerance and freedom of religion/ belief in Indonesia. Those SBY’s speeches about tolerance in this year spreaded both in many domestical or international forum, and in formal or informal moments. But almost all of those speeches are without any real execution. Moreover against the victims of violations on freedom of religion/belief such as Syi’ah, Ahmadiyah, and Christians, SBY never take concrete and significant policy that pro to their interests and stand on their existential identity confessions. If we just look at SBY’s speech, this Republic is actually deficit of violation cases on freedom of religion/ belief. Those messages “as if” that the President has done something real to prevent violation and to sentence it as well, and also to recover the victims’ rights in various violation on freedom of religion that stated by SBY, become an irony if compared to his attitude to his cabinet that appointed and existed in his obligatory and authority. Some ministers are obviously making explicit the public statement, attitude, and policy direction that discriminate the minority. And repeatedly into the spotlight person is Religious Affairs Ministry, Suryadharma Ali. The Minister of Religious Affairs as person incharge related to life of religion/belief in Indonesia, fails to be the state representative in all embracing/all encompassing the whole of religious/belief group including minority. Since the beginning of being Ministry of Religious Affairs after the cabinet reform, Suryadharma Ali has been repeteadly highligthed. Suryadharma is judged has forcing his personal perspective into public thought to be intolerance. His statements that spread the hatespeech against Ahmadiyah and other minority groups, has provoked the public (condoning) to act intolerance as well. Besides

173 THE REPORT OF CONDITION ON FREEDOM OF RELIGION/BELIEF OF INDONESIA IN 2013 his failure, Suryadharma also denied many conflicts and violences that befall citizens along 2010. In his statement as quoted various media on January 10, 2011, the Minister of Religious Affairs, Suryadharma Ali denied about the violence incidents with religious nuances which oftenly occurred in 2010 as religious conflicts. According to him, the main trigger of tense occurence among inter-religious people is caused by the involved religious figures who do not want to fullfil main provisions in the context of house of worship establishment.15 In monitoring of SETARA Institute, in 2011, Suryadharma Ali often said the contra-productive statements against fulfillment of basic rights of all citizens to embrace religion and belief. Recorded around 85 times of Suryadharma’s contra-productive statement for promoting human rights, especially in the field of freedom of religion/belie for all citizens.16 In 2012, in many attack cases that performed on Ahmadiyah as happened as in Singaparna, Tasikmalaya, Jawa Barat, Suryadharma Ali was clearly blaming Ahmadiyah and he inclined to give legitimation and justification on violence acts that performed by FPI and other intolerance masses. The attitude and action of Suryadharma as the “state representatives” not only to ravage the design and reconciliation plan with cultural and recognition based to be exist together and coexistence in peace (peacefulco-existence), and not only to destruct the building of inter-faith life, but also to show that Ministry of Religious Affairs and at once the Political Party Chairman of as a person who anti-minority, anti-diversity, and not appropriate to be the leader of ministry that dealing with religious life in Indonesia that manifestly as plural-multicultural country (bhinneka). In an event, that Minister mentioned the Christians is “discriminating their ownselves” in some case of restriction or retardation of house of worship establishment. This matter showed that the Minister not too understand about the problem’s root that relating to the house of worship establishment in Indonesia. In the polemic of Syi’ah refugees, base on the explanation from Syi’ah followers’ lawyer, the Minister of Religious Affairs asked those Syi’ah Sampang followers to repent and to return to the rights aqidah (teaching), eventhough in the camouflage of “founding”. Not only the Minister of Religious Affairs, the Minister of Internal Affairs, Gamawan Fauzi also be highlighted by public. The nearness

174 STAGNATION ON FREEDOM OF RELIGION of the minister to religious mass-organization elements that oftenly performed violences behind the name of religion, the directives to the Governor/Deputy Governor of DKI Jakarta to displace Lurah Susan who is Christian as wanted as by the intolerance groups, even the appeals pointed to local government to cooperate with FPI which oftenly showing itself as an intolerance group, is the real evidence of lack well state vision, weak to recognize constitution, and because of it the state subject easily to the willingness of violation groups on freedom of religion/belief. Besides those two ministers, some other ministers that its alignment on minority in conflict handling of religion/belief dimension can be questions, they are; Coordinating Minister of People’s Welfare, Social Minister, and Minister of Public Housing, particularly in the context of case handling on Syi’ah Sampang refugee and Ahmadiyah congregation handling in Wisma Transito, Mataram, Nusa Tenggara Barat. What is performed by the Cabinet of SBY, especially the Minister of Religious Affairs and Minister of Internal Affairs, showing a big irony of what was oftenly said by SBY in his speeches. SBY doesn’t have strong willingness to “straighten up” his internal authority to ensure that the governmental executorial policies as in line to the constitutional guaranty on freedom of religion/belief. Moreover, even the strict admonition seems not be implemented to the ministers which are obviously performing intolerance and discriminative preferences, and also having sharp-focus from the public. Besides that, the factual situation on violation on human rights in some local areas, defensively pointed to be negated by SBY and his servants, mainly at the time of near the conferment of “World Statesman Award” from the Appeal of Conscience Foundation (ACF) located in New York, United States. Moreover, in verbally SBY shows about the effort of handling authority to the local government to enforce the law and to solve the religious conflict that continous to bloom. Not only in verbally, the President finally legitimates the factual quasi that Local Government should take responsibility in handling all of conflicts with religion/belief dimension which have been happening. The President issued the Presidential Instruction (Inpres) No. 2/2013 about Internal Security Troubleshooting in 2013. That Inpres gives an

175 THE REPORT OF CONDITION ON FREEDOM OF RELIGION/BELIEF OF INDONESIA IN 2013 authority to the Local Government to do coordination in taking fast, precise, unequivocal and proportional steps to stop all the forms of violence as the effect of social conflict. In some events, the President also divert his role and responsibility to build harmony of religious/belief life to the community, as several times stated; in the State Speech to Proclamation Rememberance, and the last was in Christmant Celebration od 2013.17 The President seems confused and forgot that the religious matter is not about the responsibility of government which decentralized to the Local Government in the frame of local autonomy. The Presdient also seems forgot that the authority of law repression and enforcement on the violation acts and destruct the life of religion/belief which is in his hand and in the hand of the government he leads, not in the hand of society. Last, in 2013, the image of “successful” of SBY was prominently appeared. Various tolerance festivals, such as appearing in the speeches and the victim criminalization are just to impress the victims that they are the real perpetrators, and building the religious performance of religion/belief through his servants, finally creating impression or building the image as if the situation and condition on freedom of religion/belief are conducive and lead to the significant recovery. The government of SBY as if cares to the guaranty and protection on freedom of religion/belief. The Award Conferment from ACF and the acceptance by SBY, that actually suppressed by some parties to be refused, according to SETARA Institute is in the framework of successful image and covering the failures. So do the launcing of the National Harmony Day on January 3, that starts to be celebrated from 2014, which also part of framework of camouflage festival to explain the condition on freedom of religion/belief as though conducive as well. But actually the case is, the harmony cannot be celebrated by the state. The harmony is an objective situation that was born from active actions of state in guaranteeing the citizens’ constitutional rights and law enforcement of state to ensure the occurrence of social order, tolerance, anti-violence, and non-discrimination.

F. The President without Initiative Finally, objectively we should say that based on the existing data

176 STAGNATION ON FREEDOM OF RELIGION that along the leadership tenure of SBY, almost there’s no initiatives policy that he took to ensure five things: 1) Protection of independence and freedom for all of the citizens to embrace a certain religion/belief and to worship in accordance to their religion/belief, 2) To give guaranty on basic human security for minority groups, 3) To prevent of violation and violence occurrence by majority or the intolerance mass to the minority religious groups, 4) To enforce the law and to ask the legal responsibility to the perpetrators for all their violations they performed in all forms of violation on freedom of religion/belief, and 5) To recover the victim’s rights of violation on freedom of religion/belief. Whereas there are some initiatives that should be taken by Presiden SBY to realize those things above as the ideal condition to recognize the guarantees which are stipulated in1945 Constitution of Republic of Indonesia. First, the President as the Head of State and Chairman of Government, the “Patron” of the Joint Secretariat (Setgab) of Governmental Coalition, the Head of Political Party with majority seats in House of Representatives (parliament), SBY surely can take initiative to designing the Law of Deletion on Religion/Belief Discrimination as the substitute law Number Nomor1/PNPS/1965. As we know that this Law contains too many weakness, such as this Law is not setting about legal mechanism which actually should be done by the law enforcement administrators, before someone or organization that suspected to perform violation should be given the warning, admonition or dissolution. That warning and admonition can be given directly without any evidence of the violence that suspected to. That such condition will open the space for arbitrary actions and discriminative acts in implementation of the religion and belief practice. That regulation has undergone the material test in Constitutional Court (MK). Through the Verdict Number 140/PUU-VII/2009 in the case of testing Act Number 1/PNPS/1965, MK confesses that this law has weakness that needs a change. In the poin [3.71] its legal opinion, the Constitutional Court states:

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Considering that the Court can accept the views of experts such as Andi Hamzah, Azyumardi Azra, Edi OS Hiariej, Emha Ainun Nadjib, Siti Zuhro, Jalaludin Rakhmat, Ahmad Fedyani Saifuddin, Taufik Ismail, and Yusril Ihza Mahendra, who state about the need of revision of Law on the Prevention of Blasphemy, either in the formal scope of the law or substantial scope in order to make it having the obvious material elements which does not invite wrong interpretation practically. But, because the Court does not have authority to do the editorial and the contents improvement, just able to state the constitutional or inconstitutional status, and remembering that the subctancy of the Law of Prevention of Religion Blasphemy is generally constitutional. The Court cannot cancel or change the redaction of that Act. Because of it, to improve it become perfect, it totally becomes the authority of the Law Makers to do it through the normal legislation process.18 Regardless of the problem of legal logical contradiction that built by MK in such consideration above, one thing for sure is that Act cannot give the certainty of implementation of rights of religion/belief for the citizens. That such Law also cannot give the certainty of discriminative attitude occurrence in implementation of rights of religion/belief on someone, that caused by the reason of that such Law has unclear material elements of its meaning or has multiple-interpretations. That fact confessed by all of the Constitutional Judges who examine it in the testing process of this Act. That condition also hints that that Act is inadequate to give certainty of implementation of rights of religion/ belief well, without any violation and discrimination. In the messy legal situation that existing in the Act Number 1/ PNPS/1965 and because of the “recommendation” from MK, SBY should take initiatives to revise that Act with his ultima legal-politico authority and formulate the new Act that in line with the 1945 Constitution about the freedom of religion/belief and more adaptive on the universal norms which existing in the Act Number 12 Year 2005 about Ratification of International Covenant on Civil Rights and Politics. Second, to revies and to revise the Joint Decree of Minister of Religious Affairs and Ministry of Internal Affairs Number 9 and Number 8 Year 2006 about the Guidance of Task Implementation of

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Regional Head/Deputy of Regional Head in Religious People Harmony Maintenance, Religious People Forum Empowerment, and House of Worship Establishment or commonly called as Joint Decree of Two Ministers. PBM is arranged base on the Act Number 1/PNPS/1965. In principle, that Act not set about religious community harmony, but set about religion blasphemy. Besides that, there is no provision that founded to hint or to command the maintenance of religious people harmony from the Local Government. So, in formally, PBM that issued in 2006 is containing formil defect.19 Moreover, if referring to the Act of Local Government, the religious matter is the responsibility of Central Government. That is appropriate with the provision of the Article 10 verse (3). Besides that, the material which set up in PBM, such as the task of Local Government Head in creating the religious harmony, religious harmony forum, house of worship establishment, dispute solving, are the material connecting to the fulfillment of legal needs of society. The similar material of it should be regulated in the Act, not only in a PBM. Besides it, PBM arrange about the establishment of house of worship that problematical. The basic principle of establishing house of worship refers to the real needs of the community. The establishment of house of worship is not based on the minimum quantity of the congregations of the certain religion. The procedure of house of worship establishment is ideally exempted from the common building process. Factually, this PBM become the guidance of the adjustment of house of worship establishment, whereas it is not adequate as the material guidance of house of worship establishment, because that PBM showing the discriminative attitude. Besides it, the historical background of PBM’s birth contains the formal defect. The claim that this PBM is a joint consensus of all of religions is disavowal on the history and critical note which have submitted by some religious council. Even in formally, this PBM is legalized in the future, the disobedience of the objection notes from the religious council will make PBM suffer from the problem substantively. In reviewing the developing discussion in PBM formation, the formation intention obviously seems to restrict another group. PBM is established as the response of insistence from various

179 THE REPORT OF CONDITION ON FREEDOM OF RELIGION/BELIEF OF INDONESIA IN 2013 circles that refuse and insist the revocation of Joint Decree of Ministry of Religious Affairs and Ministry of Internal Affairs Number No.1/BER/ MDN-MAD/1969 about the Task Implementation of Government Apparatuse in Guaranteeing the Orderliness and Smoothness of Development and Religious Worship Application by the Followers. This SKB is considered in contrary to the 1945 Constitution of Republic of Indonesia. But, the citizens’ protest is still answered by issuing the discriminative PBM. PBM contains constitutional defect because in contrary to the guaranty of freedom that stipulated in Constitution of Republic of Indonesia. Besides containing the discriminative content, the existence of PBM is precisely reducting the existing norms in the constitution. As a legal product, PBM is disallowed to be in contrary with the Constitution of Republic of Indonesia, because the Constitution of RI is a constitutional foundation of all forming of Law in Indonesian context. The establishment of house of worship that regulated in that PBM is inadequate to accommodate the guaranty of freedom of religion/ belief. As arranged as in chapter IV of PBM, the provision of establishing house of worship to fulfill the particular requirements that involves list name and copy of identity card of the congregation who will use that house of worship, at leas 90 (ninenty) persons that legalized by local officials and should be getting support from local society in at least 60 (sixty) persons that legalized by the Headman. For the religious majority congregation in a region, this provision will be provided easily. But for minority group, that provision is very difficult to be fullfiled. So, until whenever, the minority religion or belief, will have no house of worship. If it happens, so it is in contrary to the constitutional stipulation. Besides the establishment of house of worship, in the certain situation, the religious people also needs house of worship as the integral part of embracing religion and belief. In the context of certain religious followers does not have ability to establish the house of worship, those are should be permitted to utilize a building or a part of that building as house of worship. For that reason, the licensing procedura of house of worship should be in line with 1945 Constitution which guarantees the freedom of religion/belief. That utilizing license of house of worship should not be discriminative instrument through the administrative procedures.

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In line with that such reasons, the President should take initiatives to review the existence of PBM with the reason of its formil and material defect as explained as before. But SBY not take any step relating to this PBM, even almost certainly to be ensured that various violation that occurred on minority religion which relating to the establishment of house of worship, such as in the case of GKI Taman Yasmin and HKBP Filadelfia, are actually began from discriminative contents of this PBM. Third, to refuse the Joint Verdict of Minister of Religious Affairs, General Attorney and Ministry of Internal Affairs of Republic of Indonesia Number 3 Year 2008, Number KEP-033/A/JA/6/2008, Number 199 Year 2008 about Warning and Command to the Followers, Members, and/or Board Members of Jamaah Ahmadiyah Indonesia (JAI) and Citizens (SKB Tiga Menteri). The issuance of that SKB is a follow up from the provision of Article 2 verse (1) Act Number 1/PNPS/1965 that states: “Anyone who violates that such provision in Article 1 be given command and strict warning to stop that his/her actions in a joint verdict of Minister of Religion, Minister/ General Attorney and Ministry of Internal Affairs.” The questioned articles in the Act of Religious Blasphemy, is actually a problematic as explained as above. The judges of MK also stated it. How can someone or group accused violates without any judicial process, that in that Act of Religious Blasphemy also no legal mechanism is available there. Besides that, the SKB also legitimate and become the foundation of citizens and tolerance group justification to show off intolerance acts, discrimination, attack until murder on Ahmadiyah congregation behind the name of “to participate” to enforce the SKB mandate. Hundreds of violation cases on Ahmadiyah that was triggered by that SKB, causes hundreds of people cannot worship securely and hundreds of people also tried to survive in evacuation place after many years exiled from their town. By seeing it, SBY should take initiative to revoke that SKB. If that initiative on that regulation is taken by SBY, so those steps will be an important legacy from SBY. It can be equated with the great legacy from Gus Dur who while being the President revoked all the regulation that restricting the Tionghoa ethnic and gave formal confession to Konghucu. But unfortunately, that initiative is not taken and impossible for SBY to do it in last minute of his leadership tenure.

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Fourth, to command the Indonesian Police to set the internal policy that conducive for promoting the guaranty of freedom of religion/belief by doing the special training fro police apparatus about the pluralism and freedom of religion/belief, including the steps of handling the conflict and/or violence behind the name of religion. As known, the police often fail to prevent, and not success to enforce the law, on the various occurred violations on freedom of religion/belief. If the President takes that initiative to Police which become under his authority, undoubtedly the police will be more responsive to protect the minority before and after the occurrence violation. Fifth, commanding the attorney to give maximum charge to the violation perpetrators and to avoid the criminalization on victims. If it can be done by SBY, so we will see the fair justice for all, and we can avoid the impunity which often invites the more violations. Sixth, commanding all the ministers in his cabinet to perform the tolerance and to use the constitutional provisions which guarantees the freedom of religion/belief as the minitrial preference foundation to take adequate policy in order to recover the rights of victims. If that initiative is taken by SBY, so we cannot see the ministers with their intolerance to the minority and they will become emphatic to the victims. Also, we will see the refugee, either those who related to Syi’ah or Ahmadiyah be restored their rights and they will not be stranded in the evacuation place for many years. Seventh, as the Head of State to coordinate the meeting for state institutional leaders, such as oftenly done by SBY to dealing with another issues, to equate the perceptions before taking the collective actions as the state administrators, and states that Indonesia is experiencing exigent intolerance. The constitution is trampled. The concordance and and social harmony are lacerated. And hundreds of minority residents become the victim and executed from their own lands. But, what could be said, all of the basic and significant initiatives for fulfillment of Human Right in the aspect of religion/belief, not be taken. And until the end of his leadership tenure, we found the President SBY not takes initiatives at all to guarantee the freedom of religion/ belief as stipulated as in 1945 Constitution to be obviously enforced in this Pancasila country. The absence of this initiative from executive leader becomes worst with lack of care from the regulation’s makers

182 STAGNATION ON FREEDOM OF RELIGION in this country. The Parliament that has monitoring function, almost never questions about the policy and response of the government which failed to give protection on freedom of religion to the citizens. The initiative also not to be heard to review the Act on Religious Blasphemy as mandated by Constitutional Court, or to arrange a bill that will guaranteeing the freedom of religion more. In line with the judicative element, the sensitiveness on the matter of freedom of religion must be questioned. The light of law sanction that given to the perpetrators of freedom of religion shows that the problem of freedom of religion considered as the light problem and not important. Also from some sentences that relates to the criminalization blasphemy of certain religion needs to be questioned about the capacity and the knowledge of the Judges in charging the cases. The basic law is not critical and tends to accommodate the pressure of intolerance masses group. So, the stagnation on freedom of religion in this country is complete. The hopes of the victims of freedom of religion to get fair justice and dignity recovery is very little along there is no change in this country’s government. []

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Endnotes

1. John Keane even mention violence as a form of barbarism in a democracy, where one of the main actors in it, is the state (stateviolence). See, Keane, Violence and Democracy (Cambridge: Cambridge University Press, 2004), page. 55-68. 2 The Detailed narrative of the violations that occurred over Ahmad Mushaddeq and lead flow can be seen further in Ismail Hasani and Bonar Tigor Naipospos (2007), Tunduk pada Penghakiman Massa: Pembenaran Negara atas Persekusi Kebebasan Beragama & Berkeyakinan, (Jakarta: Pustaka Masyarakat Setara, 2007). 3 The More and Detailed forms of violations, and also about the restrictive situation of Ahmadiyah after the SKB 3 Ministers issuance can be seen in the Report of SETARA Insitute in 2008. 4 See the Three-Years Report of Condition on Freedom of Religions/ Beliefs in Indonesia. See Ismail Hasani and Bonar T Naipospos, Negara Harus Bersikap (Jakarta: Pustaka Masyarakat Setara, 2009), page. 37-77. 5 See Ismail Hasani and Bonar T Naipospos, Negara Menyangkal (Jakarta: Pustaka Masyarakat Setara, 2010), page.26 and 27. 6 Read Ismail Hasani and Bonar T Naipospos, Politik Diskriminasi Rezim SBY (Jakarta: Pustaka Masyarakat Setara, 2011), page.28- 29. 7 As we know the law as political product. See Moh. Mahfud MD, Politik Hukum Di Indonesia (Jakarta: Pustaka LP3ES Indonesia, 2006), page. 9. 8 The detailed chronology of this is presented in previous chapter of this report book. 9 The chronology and detailed analysis of cases of Syi’ah I and II can be red from Monitoring Report of Freedom of Religions/Beliefs of SETARA Institute in 2011 and 2012. The analysis of continued and

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regularly violations are presented in Chapter III of this book. 10 The chronology and detail of those both cases can bee seen in report of 2012, see Halili, et-al, Kepemimpinan Tanpa Prakarsa: Kondisi Kebebasan Beragama dan Berkeyakinan tahun 2012 (Jakarta: Pustaka Masyarakat Setara, 2013). 11 SETARA Institute even expressed statement about organization’s objection of Gamawan Fauzi, through the press release on October 26, 20013. 12 Among the few cases is the role of FKUB in Wonosobo dan Purworejo. And also FKUB North Sumatera, FKUB Central Kalimantan. 13 The Statement of the President of Republic of Indonesia which was filed on June 2, 2008 in Jakarta. This statement was quoted by most of national media. See also Kompas, Negara tidak boleh Kalah, Edition June 3, 2008. 14 Stated by the President on the Christmas National Celebration in 2008, See Kompas, edition December 28, 2008. 15 Such as described as in the Report of Freedom of Religions/Beliefs in 2012. See Halili, et-al. ibid. 16 See Ismail Hasani, op.cit. 17 See Ismail Hasani, Negara Menyangkal: Kondisi Kebebasan Beragama/Berkeyakinan Tahun 2011 (Jakarta: Pustaka Masyarakat Setara, 2012). 18 Some of national media notes the statement that society responsible to build the harmony. 19 Ismail Hasani (Ed.), Putusan Uji Materil Undang-Undang No. 1/PNPS/1965 tentang Pencegahan Penyalahgunaan dan/atau Penodaan Agama Terhadap Undang-Undang Dasar 1945 di Mahkamah Konstitusi, Publikasi Setara Institute, Jakarta, 2010, page. 336.

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186 CHAPTER VI Conclusion and Recommendation

A. Conclusion 1. On general, monitoring findings indicate increasingly worried about the level of discrimination and the degree of intolerance in Indonesia. Although the number of events and actions decreased (razor-thin-Decrease) compared to years ago, but the results of monitoring in general explain the growing entrenchment of intolerance in society. As the results of monitoring in previous years, the violators of freedom of religion/belief in the category of non-state actors are always dominated by the citizens, which shows that there is always a potential for “horizontal war” in any conflict of religious/belief. Conflict escalation became increasingly destructive with the absence of the state in preventing potential conflicts, conflict management and resolution, as well as the preservation of a peaceful atmosphere. In that situation, the more intolerant group even dares to provoke conflict with the opening attack of mass media coverage. 2. In monitoring of observer’s in some areas, the spread of intolerance, discrimination, and violations of freedom of religion/belief seem deliberately allowed by the government. The unlicensed posters and billboards containing misdirection and a threat to the existence of minority groups has never been questioned, but the grassroots themselves uneasy with such incitement patterns . Even the “soft war” against freedom of religion/belief (means that against the basic of the state and country’s constitution) in Indonesia

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unpunished. Hate speech can be socialized with massif through cyberspace networks. Unlike the personal online posting of state apparatus where the government officials seem more sensitive and responsive , the government tends to maintain the sites that contain hate, incitement , and slander against minority religious groups and academics and advocates freedom of religion/belief, without any restriction legal and fair at all . In this case it would appear the symptoms of “tolerance for intolerance” among religious/belief groups in the state arena. 3. Monitoring findings above are basically shows that there is no progress in the guarantee and protection of freedom of religion/belief in Indonesia. Conditions on freedom of religion/belief which remains poor and has not improved in Indonesia in 2013 caused by a variety of determinant factors that maintained very well, especially in real terms the reason state officials, beliefs, interests, and the willingness of the majority. It can be seen from the behavior of state officials, both verbally and in concrete behavior exhibited government officials, such as state ministers. 4. Besides the determinant factor in the realm of government, parliament also becomes a critical point in the life of religion/ belief in Indonesia. House of Representatives (DPR) almost never make breakthroughs meant to improve the condition of freedom of religion/belief in Indonesia. With the owned authority, they do not perform legislative actions to construct a legal system that is more conducive to better guarantee of protection the freedom of religion/belief in Indonesia. Parliament ignored the urgency of the existence of laws to eliminate discrimination of religion/beliefs and other laws that guarantee more explicit freedom of religion/belief as a derivative of the provisions of the state constitution. As the government, parliament does not show good willingness to follow the Constitutional Court’s decision nearly four years ago that urged shaper Act (positive legislators) to shape more comprehensive legislation and consistent with the provisions of the Constitution, in particular Article 28E Paragraph (1) and (2), Article 28, and Article 29 paragraph (2) of 1945

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Constitution of the Republic of Indonesia. Parliament also failed to be a representation of all the people and tools for government’s controls to assure the protection of all citizens, including minority of religions/beliefs. 5. In accordance with it, political parties and politicians in a political party, nor does it function as a political infrastructure that supports the construction of freedom of religion/belief in Indonesia. They also failed to implement the mechanism of aggregation and articulation of the interests of the people of Indonesia, including minority religions/beliefs to build a nationalism life in Indonesia to be more democratic, tolerance and peace. The process of recruitment and political education in their internal organizations do not successfully spawned politicians inclusive, plural, and the constitutional vision. So that in turn they fail to be conflict resolver in religious dimension conflicts. Even more destructive, politicians often use religious/beliefs issues as miner engine of vote (vote getter) to scoop up majority support. So no doubt, the discourse streams and promotion of intolerance over the minority is always rife ahead of the General Election. 6. In addition, factors of legislation inconsistency involved to determinate massive violations of freedom of religion/ belief. Some discriminatory legislation products seems deliberately maintained by the government, such as the Act. 1/PNPS/1965, Joint Decree of Minister of Religious Affairs and the Minister of the Internal Affairs, SKB of Ahmadiyah restrictions, regional regulations that discriminate against minorities, and other legislation. All these laws have been the instrumental justification for extreme Islamic organizations/ intolerant and society in general to doing violence against minority groups. 7. The other determinant factors of the condition of freedom of religion/belief that is not conducive is about the inability of governments at various levels to put the universal human rights of every human being and the constitutional rights of citizens as the basis of national policy in responding the problems of religion/belief for plural and heterogeneous citizens. In some issues, such as the handling of victims,

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treatment of perpetrators, to the “religion” column fulfillment in people’s ID, the state and its apparatus do more grounding on the majority’s logic. While at the level of horizontal relations of citizens, were apparent lack of awareness, attitudes, culture and practices of citizenship (citizenship). 8. Above of all, these conditions affected by the failure of Heads of State and Government, in this case is President Susilo Bambang Yudhoyono, to provide guarantee to the whole Indonesian people, including religion/belief minority, to obtain protection of their constitutional rights to freedom of religion/belief. In internal cabinet, the President failed to provide directors throughout his administration to put the elements of Pancasila and the Constitution of 1945 of Republic of Indonesia as a sublime guide in carrying out governmental functions. The President is also not able to conditioned his cabinet in the Kabinet Indonesia Bersatu II to promote the glorious idea of pluralism and plurality in religion/belief life in Indonesia, which is affirmed very slickly by Pancasila and the 1945 Constitution of the Republic of Indonesia within the minister’s and the ministry’s policy. Ministers who do not have matter pertaining to the state vision in issues of religion/belief in Indonesia are left alone, even though it clearly violates their oath of office. 9. At the level of politico-legal action, the President with his ultimate authority, failed to ensure that law enforcement officers who are within the scope of his authority take appropriate steps and perform procedures of laws that apply in punishing every perpetrators/violators of freedom religion/ beliefs, even including to the actions manifestly easily snared by the Criminal Code, such as vandalism, abuse, assault, and murder. 10. As in previous years, the President would rather pledge (nice talk) in an effort to promote tolerance and freedom of religion/belief in Indonesia. SBY’s speeches about tolerance this year scattered in various domestic and international forums, both in informal or formal events. But almost all of them without any real execution. The more the victims of violations of freedom of religion/belief as Syiah, Ahmadiyah,

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and Christians, SBY never take significant concrete policies in favor of their interests and rests on the recognition of their existential identity, even through his subordinates in the government, SBY introduce policies and resolution containing intolerance and discrimination, such as the return of refugees to the “condition of repentance”. 11. The situation that is little bit different, in this year, many times, especially on the times before the conferment of the “World Statesman Award “ from the Appeal of Conscience Foundation, the President appeared effort shifting responsibility to local governments to enforce laws and resolve conflicts religious which continue to bloom. The climax occurs with the issuance of Presidential Instruction No. 2/2013 about the Homeland Security Troubleshooting Handling in 2013. That Presidential Instruction give authority to the head of the region to coordinate in taking steps fast, precise, and firm and proportionate to stop all forms of violence due to stop social conflicts. The President also divert his role in building harmony of religion/belief to the community, as firmly stated several times by SBY; in his state speech ahead of the State Proclamation Day celebration, and the last in Christmas speech. President as confused and forget that religion is not the business of government affairs decentralized to local governments within the framework of regional autonomy. The President also seems negligent that the prosecution and law enforcement authorities for actions that violate and destroy the life of religion/belief are in his hands and in the hands of state government he leads, not in the hands of the public. 12. The other thing that also prominently appear this year is about “success” of SBY to create the impression or image building situation and condition of the freedom of religion/belief as if conducive and experienced a significant improvement, as well as if SBY care with the guarantee and protection of religious freedom/belief. Marker of “success” image building tolerance include: 1) awarding at once the acceptance by the President - in the midst of pressure to reject and cancel - for the gift of the “World Statesman Award” from the Appeal of

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Conscience Foundation, which is based in New York USA . 2) the launching of the National Harmony Day, on January 3. In fact, harmony is not a matter of ceremony , but an objective situation that is born from the active conduct of the state in guaranteeing the constitutional rights of citizens and state law enforcement to ensure the social order, tolerance, non-violence, and non - discrimination . 3) act very defensive against criticism constructive academia, the media, and civil society regarding the poor condition of the fulfillment of human rights in Indonesia in the field of freedom of religion/ belief , and 4) through a presidential spokesman as well as the Ministry of Foreign Affairs, doing a blow-up camouflage “as if success” in human rights protection for religion/belief, and covering up the facts of violations and failure to resolve the conflict of in the name of religion where the rights of citizens to freedom of religion/belief is violated , particularly from minority group. 13. Start from the two questions posed in the background section of this monitoring and grounded in data of monitoring on freedom of religion/belief in 2013, it can be concluded that: 1) In the perspective of freedom of religion/belief, political year ahead of elections failed to be used as a momentum for government , the politicians , and the country’s political infrastructure, to show; that the political nation and state should be based on the basis of the state and the state constitution that gives normative and legal foundation; that freedom of religion / belief is a citizen’s constitutional rights, and ; that the basic values ​​of Pancasila and the provisions of the constitution are ideals that must be grounded in reality, not an immortal illusion and empty hopes. Political year did not show any significant improvement in the conditions of freedom of religion/belief. 2) The President failed to use the final moments in his Presidential period to resolve conflicts that dimensionless religion/belief, enforce the law in case of violation of freedom of religion/belief, and promoting tolerance and non-discrimination in national life that should be initiated from within his internal governance then to the midst of the people he leads

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14. The conclusion reinforces the objective situation of stagnation in the promotion of freedom of religion/belief in Indonesia over the last seven years. From 2007 to 2013, there are 299 violations in average that have occurred in 221 events every year. The increasingly apparent stagnation even more alarming, so up at the end of his term, the President and his administration did not adequately contribute to the promotion of tolerance and the protection of freedom of religion/belief, even as to be inferred/interpreted in the last seven years monitoring, the President and his administration more looks preserve the ideology of violence, neglect in law enforcement, subject to the agents of violence and intolerance in the name of religion, shirk the obligations and responsibilities of protection, maintaining political discrimination, a rare initiative to resolve the conflict and its associated impacts , throwing responsibility in the promotion of tolerance and protection freedom of religion/ belief, just as showing as ceremonies and festivals highlight prominently the image as a camouflage for the failure to enforce the substance of the constitutional rights of citizens. So, the stagnation is absolutely plenary for SBY’s government in the fulfillment of human rights, particularly in promoting the right on freedom of religion/belief. 15. In perspective of human rights, such stagnation is something that is worrying. In study of human rights there is known a classical phrase “impunitas semper ad deteriora invitat” (impunity invites greater evil). So the omission of stagnant elements in violation on freedom of religion/belief will invite further deterioration of conditions in the future. “Hard war” between religious groups/belief is not likely to happen. Several casualties groups in this monitoring research “open possibilities” fight to all forms of intolerance, discrimination, and even violence against those with similar action if only their leaders do not control himself and his group with the teachings and spirit of civility; tolerance, non-discrimination, and anti-violence.

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B. Recommendation According to these conclusions, the SETARA Institute proposes these following recommendations: 1. President Susilo Bambang Yudhoyono, whose took about 9 months remaining in his position as Head of State and Government, as well as the recipient of the “World Statesman Award” from the Appeal of Conscience Foundation, should take decisive political action to contribute to the promotion of tolerance and the protection of freedom of religion/belief, at least in the handling of Syiah refugees in Sampang, East Java and Ahmadiyah Transito in West Nusa Tenggara, as well as the law enforcement on various acts of violation of freedom of religion/belief in the various regions. 2. House of Representatives (Parliament) and the Government should initiate the establishment of Security Law of Freedom of Religion/Belief that adopt human rights principles in a holistic manner, as well ordered by the Constitutional Court of the Republic of Indonesia, at least to recommend the Parliament for the next period, to take priority. 3. House of Representatives (Parliament) gives attention and run the serious monitoring of the performance of the government in the implementation of the constitutional rights of citizens to be free in embracing a religion or belief. 4. The Republic of Indonesia Police formulates internal conducive policies for promoting freedom of religion/ belief by conducting special training for police officers on pluralism and freedom of religion/belief, including the steps of handling conflict and/or violence in the name of religion. 5. Ministry of Religious Affairs, Ministry of Internal Affairs and Ministry of Education improve citizenship education by integrating an understanding of pluralism, tolerance on religion/belief, as well as inclusive religious education. 6. People Consultative Assembly (MPR) construct scalable framework for the promotion of national understanding of the Four Pillars of Life, in which guarantees diversity and knowledge about the constitutional rights of citizens,

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especially for state apparatus. 7. Court rejects or does not accept the charges used in judging a person’s beliefs that have nothing relation to crime or cause harm to others. 8. Regional government to take steps for community’s recovery and handling of violations victims on freedom of religion/ belief, especially for Ahmadiyah refugees, children of Ahmadiyah, Christians and other minorities who experienced destruction and sealing including those who have difficulty of establishing a house of worship. Local governments should be retracing the simple steps in the promotion of tolerance, as shown by the Regents of Wonosobo, Central Java in managing religious diversity in Purworedjo region of Central Java in order to preventing religious conflicts potential, as well as the Governor and Vice Governor of Jakarta in facilitating permits for construction of house of worship and put constitution above the intolerant group pressures. 9. Elements of civil society to promote citizenship education with the internal goal of creating civilized citizenship life, and externally dealing with power structures that oppress and violate freedom of religion / belief. []

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lurah-lenteng-agung-terpicu-persaingan-internal.html, diakses pada tanggal 16 Desember 2013. Kementerian Agama Republik Indonesia. 2008. Gambaran Umum Provinsi DIY. Diakses dari: http://yogyakarta1.kemenag. go.id/ index.php?a=artikel&id2= Diaksespada tanggal 18 Desember 2013 Kementerian Agama RI. 2008. Gambaran Umum Provinsi DIY. Diakses dari: http://yogyakarta1.kemenag.go.id/index.php?a= artikel&id2=Gambaran, diakses pada tanggal 18 Desember 2013 Kompas, Negara tidak boleh Kalah, Edisi 3 Juni 2008. Ruslan Burhani, “MTA miliki 430 cabang se-Indonesia,” http://www. antaranews.com/berita/395755/mta-miliki-430-cabang-se- indonesia, diakses pada tanggal 18 Desember 2013. Tempo.co/read/news/2012/09/02/078426965/Berapa-Populasi-Syia-di- Indonesia U.S. Department of Justice. “Hate Crime: The Violence of Intolerance”, http://www. usdoj. gov/crs/pubs/htecrm.htm, diakses pada 1 Desember 2008.

201 LAPORAN KONDISI KEBEBASAN BERAGAMA/BERKEYAKINAN DI INDONESIA TAHUN 2013 KOTA KABUPATEN/ Kab.Bekasi Kota Lhokseumawe Sleman Kab. KapuasKab. Bandung Kota SampangKab. PROVINSI Jawa Barat Jawa Aceh Yogyakarta Kalimantan Tengah Barat Jawa Timur Jawa WAKTU 1-Jan-13 2-Jan-13 2-Jan-13 5-Jan-13 10-Jan-13 14-Jan-13 NON NEGARA NON PELANGGARAN Penyerangan Pelarangan Ibadah Kegiatan Penelantaran Pengungsi NEGARA PELANGGARAN Pembiaran Pembiaran Kebijakan Diskriminatif Ibadah Pelarangan Pembubaran Kegiatan Keagamaan Pemaksaan keyakinan NON PELAKU NEGARA Warga List Cases of PELAKU NEGARA Satpol PP Satpol Kepolisian Kota Pemerintah Kepolisian Kepolisian Hakim Pemerintah Kabupaten KORBAN Umat Kristiani Umat Islam Individu Umat Islam Jemaat Ahmadiyah Syiah Violations of Freedom of Religion /Belief 2013 Religion of Freedom of Violations PERISTIWA Penyerangan terhadap Gereja Jemaat HKBP Filadelfia HKBP Jemaat Gereja terhadap Penyerangan jemaat karena gagal Perayaan baru. tahun pada perayaan kotoran. dan telur dengan dilempari dan warga dicegat dengan Lhokseumawe Kota Pemeritah oleh Diskriminasi 002/2013, tertanggal No. Edaran Surat mengeluarkan bagi mengangkang Larangan 2013 tentang 2 Januari Larangan sepeda dibonceng motor. saat perempuan Islam Syariat menegakkan untuk bertujuan tersebut dalam secara bentuk kaffah diskriminatif secara kepercayaan. dan agama pemaksaan menjalankan cara di Kepolisian tahanan dua ibadah terhadap Pelarangan Yogyakarta. Daerah Istimewa Sleman, Mlati, Sektor penganiayaan kasus tersangka merupakan tahanan Kedua Rinda yaitu polisi, oleh pemerasan pelapor dan Keduanya 38 tahun. Sutrisno, dan 32 tahun, Herawati, hanya ibadahtidak dan salat melaksanakan diizinkan pendek. celana dan kaus membawa diperbolehkan tidak boleh dikirim keluarga yang mukena dan Sarung diserahkan. terhadap kepolisian paksa aparat oleh Pembubaran Dutoi, Handel Hidayah, Nurul di Masjid pengajian acara Tengah. Kalimantan Kapuas, Kabupaten Timur, Kapuas hakim secara paksa Majelis sumpah oleh Pengambilan Rahman terhadap Bandung (PN) Negeri Pengadilan tidak yang cara dengan Ahmadiyah Ahmad jemaat Musa keyakinannya. dengan sesuai Sampang, tragedi korban Syiah pengungsi Penerlantaran macam berbagai terancam pengungsi Warga Madura. akibat dengue berdarah demam termasuk penyakit, mencabut gizi buruk setempat pascapemerintah darurat. masa tanggap 1 2 3 4 5 6 No.

202 STAGNASI KEBEBASAN BERAGAMA KAB./KOTA Kab. BandungKab. Kab. Bekasi Bekasi Kab. Bekasi Kab. Grobogan Kab. Grobogan Kab. BandungKab. PROVINSI Jawa Barat Jawa Barat Jawa Barat Jawa Barat Jawa Tengah Jawa Tengah Jawa Barat Jawa WAKTU 15-Jan-13 15-Jan-13 18-Jan-13 18-Jan-13 21-Jan-13 21-Jan-13 22-Jan-13 NON NEGARA NON PELANGGARAN Intoleransi Intimidasi Ancaman Kekerasan Ancaman Penyerangan Intimidasi Intoleransi NEGARA PELANGGARAN Penyegelan Properti Pelarangan Kegiatan Keagamaan Pembiaran Diskriminasi NON PELAKU NEGARA Front Pembela Pembela Front (FPI) Islam Ormas Islam Forum Islam Umat Tamansari (FUIT) Ormas Islam Pembela Front (FPI) Islam PELAKU NEGARA PP Satpol TNI Kepolisian Kemenag Pengadilan Kejaksaan KORBAN Jemaat Jemaat Ahmadiyah Umat Kristiani Umat Kristiani Umat Kristiani Umat Islam Umat Islam Jemaat Ahmadiyah PERISTIWA Desakan dan intoleransi 50 orang anggota Front Pembela Pembela Front anggota 50 orang Desakan intoleransi dan Bandung, Polrestabes meminta yang (FPI) Islam yang Ahmadiyah Jemaat menindak untuk Barat, Jawa agama. menistakan telah dianggap perwakilan pemaksaan dan terhadap Intimidasi kesepakatan surat menandatangani Setu untuk HKBP 2013 pada 15 Januari gereja pembangunan penghentian Desa Kepala Setu, Camat ormas, dihadiri delapan yang Setu. Polsek unsur Tamansari, HKBP Gereja jemaat pimpinan Nababan Advent Pdt. 05/02 Rt Wiryo Gang MT Haryono, Setu di Jalan Bekasi Kabupaten Setu, Kecamatan Sari, Desa Taman Tamansari Islam Umat dari Forum ancaman mendapat saat penyerangan melakukan akan (FUIT) yang 2013 pukul 27 Januari 20 dan tanggal Minggu, Kebaktian 10.00 pagi. Paroki Katolik Gereja terhadap penyerangan Ancaman Kampung Paroki disebut juga (biasa Kristus, Damai 0015/05, Kecamatan Duri V/29 Rt Selatan Duri), di Jalan mengancam massa Sekelompok Barat. Jakarta Tambora, atas penentangan sebagai gereja menyerang untuk gereja. bangunan kehadiran (MTA) Alquran Tafsir Majelis sebuah gedung Penyegelan Purwodadi, Kabupaten Kecamatan di Desa Kalongan, Polisi Satuan aparat oleh Tengah, Jawa Grobogan, dengan Polri TNI dan anggota bersama Praja Pamong milik pekerja para di gedung aktivitas menghentikan memenuhi untuk dilakukan Penyegelan MTA. jamaah keberadaan dengan resah merasa yang warga tuntutan MTA. (MTA) Alquran Tafsir Majelis Perwakilan Jamaah Purwodadi Agama untuk Kementrian Kantor ke dibawa berisi MTA kesediaan yang pernyataan surat membuat di Desa keagamaan tidak kegiatan melaksanakan untuk Kalongan. berupa tidak tindakan dan menyenangkan Intimidasi serta kasar kata-kata dengan cemoohan dan cacian Lima saksi di terhadap FPI anggota oleh penghinann milik Nashir An perusakan kasus Masjid persidangan 2012. terjadi tanggal 25 Oktober yang Ahmadiyah jemaat hakimjaksa dan di persidangan tersebut, intimidasi Atas diskriminatif. dan pembiaran melakukan 7 8 9 10 11 12 13 No.

203 LAPORAN KONDISI KEBEBASAN BERAGAMA/BERKEYAKINAN DI INDONESIA TAHUN 2013 KAB./KOTA Kota Bekasi Kota Sumbawa Kab. BandungKab. Bandung Kota Bandung Kota SumedangKab. Ambon Kota SumedangKab. PROVINSI Jawa Barat Jawa Nusa Tenggara Barat Barat Jawa Barat Jawa Barat Jawa Barat Jawa Maluku Barat Jawa WAKTU 22-Jan-13 22-Jan-13 22-Jan-13 27-Jan-13 27-Jan-13 27-Jan-13 28-Jan-13 29-Jan-13 NON NEGARA NON PELANGGARAN Intimidasi Pembakaran Intoleransi Intoleransi Penyerangan Ancaman Kekerasan NEGARA PELANGGARAN Tuduhan atas Vonis Agama Penodaan Penahanan NON PELAKU NEGARA Warga Warga Umat Forum (FUI) Islam Gerakan Reformis (GARIS) Islam Umat Forum (FUI) Islam Gerakan Reformis (GARIS) Islam Warga Warga PELAKU NEGARA Pengadilan PP Satpol KORBAN Umat Kristiani Hindu Umat Individu Umat Kristiani Umat Kristiani Umat Kristiani Umat Kristiani Individu

PERISTIWA Ancaman kekerasan oleh organisasi keagamaan tertentu tertentu keagamaan organisasi oleh kekerasan Ancaman Pdt. dipimpin yang Mangseng HKBP Gereja terhadap Tengah, 24, Kaliabang 03 RW di RT beralamat Sitorus, bulan ini sudah Gereja disegel Bekasi Utara. Kota pelaksanaan terkait 2012. Ancaman tahun Februari pagi gereja. di depan Minggu kebaktian Diponegoro Duka Suka di Jalan Pura Agung Pembakaran NTB. Sumbawa, Kabupaten dan mengamuk orang Ribuan terjadi saat Pembakaran Bali Kecamatan komunitas permukiman membakar Tenggara Nusa Sumbawa, Kabupaten Besar, Sumbawa peristiwa 31 rumah dibakar. mengakibatkan yang Barat. 2013. pada Selasaini berlangsung petang, 22 Januari terdakwa Sebastian Joe, atas hukuman pemberatan Vonis media sosial dari lewat Facebook, penodaan agama kasus Tinggi Pengadilan oleh tahun lima menjadi tahun empat Bandung. Ormas Forum oleh pembubaran Desakan upaya dan (GARIS) Islam Gerakan Reformis (FUI) dan Islam Umat Gereja jemaat kegiatan terhadap beberapa warga bersama Protestan. Keriso Ho Ni Banua Ormas Forum oleh pembubaran Desakan upaya dan (GARIS) Islam Gerakan Reformis (FUI) dan Islam Umat membubarkan mendesak untuk beberapa warga bersama di Nias Protestan Kristen Umat Perkumpulan Gereja 268C Bandung. 268B dan nomor Holis Jalan Kecamatan di Desa Mekargalih, GPdI Penyerangan warga. 50 orang oleh Barat Jawa Sumedang, Jatinangor, Katedral Gereja peledakan di gedung bom Ancaman Kota Pattimura, Raya di Jalan Amboina, Keuskupan Pastor kepada ditujukan yang SMS, melalui Ambon Amelwatin. Theo Katedral, Gereja pimpinan Bernard Maukar, Pdt. Penahanan di Desa Mekargalih, (GPdI) di Indonesia Pantekosta pihak oleh Barat Jawa Sumedang, Jatinangor, Kecamatan dalam penjara 3 bulan ditahan Maukar Pdt. PP. Satpol 25 juta, sebesar denda Rp tidak membayar bisa karena izin tanpa gereja membangun tindakan tuduhan atas 14 15 16 17 18 19 20 21 No.

204 STAGNASI KEBEBASAN BERAGAMA KAB./KOTA Kab. Bintan Kab. Kerinci Kab. Kerinci Kab. Makassar Kota Bekasi Kota Bandung Kota Makassar Kota Bandung Kota Kota Bandung PROVINSI Kepulauan Kepulauan Jambi Jambi Sulawesi Selatan Barat Jawa Barat Jawa Sulawesi Selatan Barat Jawa Barat Jawa WAKTU 7-Feb-13 8-Feb-13 8-Feb-13 10-Feb-13 10-Feb-13 10-Feb-13 11-Feb-13 11-Feb-13 11-Feb-13 NON NEGARA NON PELANGGARAN Intoleransi Penyesatan Penyesatan Ancaman Kekerasan Intoleransi Ancaman Kekerasan Intoleransi NEGARA PELANGGARAN Tempat Penyegelan Ibadah Tempat Penyegelan Ibadah NON PELAKU NEGARA Warga Nahdlatul (NU) Ulama Nahdlatul (NU) Ulama Warga Forum Islam Umat Tamansari (FUIT) Warga Pembela Front (FPI) Islam FUUI Jabar API Umat Forum (FUI) Islam PELAKU NEGARA PP Satpol PP Satpol KORBAN Jemaat Jemaat Ahmadiyah Aliran Keagamaan Tafsir Majelis Alquran (MTA) Aliran Kepercayaan Darmo Sapto Umat Kristiani Umat Kristiani Umat Kristiani Umat Kristiani Umat Kristiani Umat Kristiani PERISTIWA Pelaporan oleh warga Desa Numbing Kecamatan Bintan Bintan Kecamatan Desa Numbing warga oleh Pelaporan Kecamaatan (KUA) Agama Urusan Kantor ke Timur Indonesia Ahmadiyah Jemaat aktivitas atas Timur Bintan (JAI). Nahdlatul Wilayah Pimpinan Ketua oleh Penyesatan di Jambi Husein Kadir Jambi (PWNU) Provinsi Ulama pimpinan di bawah (MTA) Alquran Tafsir Majelis atas Tupail. Abdulah Nahdlatul Wilayah Pimpinan Ketua oleh Penyesatan di Jambi Husein Kadir Jambi (PWNU) Provinsi Ulama Darmo. Sapto Kepercayaan Aliran atas Mamasa Toraja Gereja ke molotov bom Pelemparan 73 A, IX No. Dirgantara di Jalan Jordan Jemaat (GTM) Kota Panakukkang, Kecamatan Panaikang, Kelurahan tak pria dikenal. tiga orang oleh Makassar Desa Tamansari warga ratusan Desakan penolakan dan Tamansari Islam Umat dalam Forum tergabung yang Setu yang HKBP Gereja pembangunan (FUIT) atas Bekasi, Jawa Kota Setu, di Desaberlokasi Tamansari, Barat. Gereja terhadap Praja Pamong Polisi oleh Penyegelan Soekarno di Jalan Mulia Kerajaan Gereja dan Rehoboth Barat. Jawa Bandung, Karasak, Hatta Tiatira Gereja terhadap molotov bom Pelemparan II No. Lorong Muhajirin Nurul Masjid Jl. Mallengkeri Kota Tamalate, Kecamatan Mangasa, 2, Kelurahan Makassar. Karasak 06 Kel. RW. warga Desakan penolakan dan perwakilan dan Bandung Anyar Astana Kecamatan seperti Jabar, API FUUI, FUI, dan FPI, Islam ormas Kota Anyar, Astana Kecamatan di Karasak, 2 gereja atas Bandung. (Satpol Praja Pamong Polisi Satuan oleh Penyegelan di Karasak, Rehoboth Gereja atas Bandung Kota PP) Bandung Kota Anyar, Astana Kecamatan 22 23 24 25 26 27 28 29 30 No.

205 LAPORAN KONDISI KEBEBASAN BERAGAMA/BERKEYAKINAN DI INDONESIA TAHUN 2013 KAB./KOTA Kota Bandung Kota Bekasi Kota Bekasi Kota Makassar Kota Makassar Kota Makassar Kota Jakarta Kota Pusa Jakarta Kota Barat Makassar Kota PROVINSI Jawa Barat Jawa Barat Jawa Barat Jawa Sulawesi Selatan Sulawesi Selatan Sulawesi Selatan Jakarta DKI Jakarta DKI Sulawesi Selatan WAKTU 11-Feb-13 14-Feb-13 14-Feb-13 14-Feb-13 14-Feb-13 14-Feb-13 14-Feb-13 15-Feb-13 16-Feb-13 NON NEGARA NON PELANGGARAN Penyegelan Ibadah Tempat Ancaman Kekerasan Ancaman Kekerasan Ancaman Kekerasan Intoleransi Tempat Perusakan Ibadah NEGARA PELANGGARAN Penyegelan Tempat Tempat Penyegelan Ibadah Pelarangan Kegiatan Keagamaan Tempat Penyegelan Ibadah Pembiaran Tuduhan atas Vonis Agama Penodaan NON PELAKU NEGARA FKUB Warga Warga Warga Pembela Front (FPI) Islam Masjid Forum dan Mushola Duri Selatan Warga PELAKU NEGARA Satpol PP Satpol Kota Pemerintah PP Satpol Kepolisian Kota Pemerintah Mahkamah Agung KORBAN Umat Kristiani Jemaat Ahmadiyah Jemaat Ahmadiyah Umat Kristiani Umat Kristiani Umat Kristiani Individu Umat Kristiani Umat Kristiani PERISTIWA Penyegelan oleh Satuan Polisi Pamong Praja (Satpol PP) PP) (Satpol Praja Pamong Polisi Satuan oleh Penyegelan di Karasak, Mulia, Kerajaan Gereja Bandungatas Kota Bandung. Kota Anyar, Astana Kecamatan Kelurahan Ahmadiyah Jemaat kegiatan Pelarangan Bekasi Jawa Gede Kota Pondok Kecamatan Jatibening Bekasi Rahmat Effendi. Kota Wali oleh Barat rumah milik satu Al dan Misbah Masjid Penyegelan Gede, Kota Pondok di Jatibening, Ahmadiyah jemaat gabungan personel oleh dilakukan Bekasi. Penyegelan disaksikan Gede yang Pondok Polsek dan PP dari Satpol perwakkilan Bekasi, serta Kerukunan Forum dari Pemkot Beragama (FKUB) setempat. Umat Indonesia Kristen Gereja atas molotov bom Pelemparan Baru, 17, Kelurahan No. Samiun (GKI) di Jalan Makassar. Kota Pandang, Ujung Kecamatan Toraja Gereja atas molotov bom Pelemparan 3 II No. Pettarani Andi Clasis di Jalan Panakukkang KecamatanKelurahan Panakukkang. Tamamaung, di Jalan Toraja Gereja atas molotov bom Pelemparan Tallo, Baru, Kecamatan 26, Kelurahan No. Subroto Gatot Makassar. hukum upaya (MA) atas Agung Makamah Penolakan harus Tajul Akibatnya, Muluk. Tajul Ustadz Kasasi tuduhan atas 4 tahun selama masa tahanan menjalani penodaan agama. melakukan Pembela dalam Front tergabung yang warga Penolakan Duri Selatan Mushola dan Mesjid Forum dan (FPI) Islam Duri V, Selatan Jalan Kristus, Damai Katolik Gereja atas Yayasan rencana menolak Warga Barat. Jakarta Tambora, TK-SD- sekolah pengelola selaku Kudus Hati Bunda serbaguna aula mengubah akan yang Damai SMP-SMA gereja. ibadah atau tempat menjadi Makassar, Baru Kec. Nona Gunung di Jl. gereja Perusakan tak dikenal. orang oleh Makassar Kota 31 32 33 34 35 36 37 38 39 No.

206 STAGNASI KEBEBASAN BERAGAMA KAB./KOTA Kota Jakarta Jakarta Kota Selatan Kab. Dharmasraya Bintan Kab. BandungKab. Solok Kota Kota Karanganyar Kab. Pandeglang Jakarta Kota Pusat PROVINSI DKI Jakarta DKI Sumatera Barat Kepulauan Riau Barat Jawa Sumatera Barat Tengah Jawa Banten Jakarta DKI WAKTU 17-Feb-13 17-Feb-13 19-Feb-13 20-Feb-13 21-Feb-13 22-Feb-13 22-Feb-13 28-Feb-13 NON NEGARA NON PELANGGARAN Penyerangan Penyesatan Penyesatan Intoleransi Condoning NEGARA PELANGGARAN Pembubaran Pembubaran Diskusi Keberagaman penganiayaan Diskriminasi atas Penuntutan Penodaan Tuduhan Agama NON PELAKU NEGARA Warga Ormas Islam MUI Warga MUI PELAKU NEGARA Kepolisian Pemerintah Kabupaten Kejaksaan KORBAN Pegiat Pegiat Keberagaman Jemaat Ahmadiyah Jemaat Ahmadiyah Individu Syiah Aliran Keagamaan (Jamaatul Muslimin) Umat Kristiani Jemaat Ahmadiyah PERISTIWA Pembubaran dengan kekerasan acara peluncuran dan dan peluncuran acara kekerasan dengan Pembubaran reggae karya penyanyi Pelangi” “Negeri buku diskusi dari Kepolisian petugas oleh Ras Muhamad hip-hop ke mata air gas tembakan dengan Selatan Jakarta Resor peserta.arah sebuah rumah yang terhadap warga oleh Penyerangan keluarganya, bersama Susanto Hadi Ngasiman dihuni Kecamatan Sipangkur, II, Nagari Laganjaya di Jorong dianggap Ngasiman Dharmasraya. Kabupaten Tiumang, Ahmadiyah. penganut sebagai tindakan melakukan Bintan Kabupaten Pemerintah bulanan insentif menghentikan dengan diskriminasi Indonesia Ahmadiyah dai/ustadz/guru Jamaat untuk menyebarkan telah dituding JAI Dai di Bintan. (JAI) Kec. Desa Numbing, warga meresahkan yang sesat aliran Bintan Kab. Timur, Bintan oleh penjara tahun setengah dua hukuman Tuntutan dalam Sidang (JPU) SH Asril, Umum Penuntut Jaksa terdakwa dengan penodaan agama tuduhan kasus Bandung. Negeri (53) di Pengadilan Rohmansyah Cipeundeuy Kec. Desa Nyenang warga Rohmansyah, kelompok aliran adalah pimpinan Barat Bandung Kab. menyebarkan telah karena sesat dituduh Ia Qur’aniyah. berwawasan yang Qur’an dengan Islam ajaran Keindonesiaan. buku pelarangan melalui Syiah ajaran Penyesatan Barat. Sekolah di Solok Sumatera Dasar Agama Pelajaran (MUI) Indonesia Ulama Majelis oleh Penyesatan Jamaatul aliran atas Tengah Jawa Karanganyar, Kabupaten Suparmin. dipimpin yang Muslimin di Indonesia Pantekosta Gereja Desakan penutupan Pandeglang, Kabupaten Tanjung, Karang Kecamatan Banten. oleh dilakukan yang Ahmadiyah Desakan pembubaran MUI di kantor Ahmad Noor Sekjen MUI Dr. Wakil Ahmadiyah Ahmad, Noor Menurut Jakarta. Pusat baru karena Agama membuat atau dibubarkan harus mendesak Ahmad juga Noor Islam. bukan Ahmadiyah tidak boleh Barat Di Jawa Ahmadiyah jemaat agar dalam e-KTP. agama pada kolom Islam mencantumkan 40 41 42 43 44 45 46 47 No.

207 LAPORAN KONDISI KEBEBASAN BERAGAMA/BERKEYAKINAN DI INDONESIA TAHUN 2013 KAB./KOTA Kab. Ciamis Kab. Aceh Kab. Selatan Makasar Kota Jakarta Kota Pusat Tapanuli Kab. Utara SampangKab. PROVINSI Jawa Barat Jawa Aceh Sulawesi Selatan Jakarta DKI Sumatera Utara Timur Jawa WAKTU 1-Mar-13 1-Mar-13 1-Mar-13 1-Mar-13 4-Mar-13 5-Mar-13 NON NEGARA NON PELANGGARAN Penyesatan Condoning Condoning Intoleransi NEGARA PELANGGARAN Penyesatan Diskriminasi NON PELAKU NEGARA Warga Individu MUI Warga PELAKU NEGARA MPU Bupati KORBAN Individu Aliran Keagamaan Umat Kristiani Jemaat Ahmadiyah Umat Islam Syiah PERISTIWA Penyesatan terhadap Aldi Saputra, seorang yang yang seorang Aldi Saputra, terhadap Penyesatan Karang di Dusun berpraktik pengobatan memberikan Pangandaran, Gedang, Desa Babakan, Kecamatan mengajarkan telah Aldi dituduh Barat. Jawa Ciamis, setempat. warga kepada sesat aliran Ulama Permusyawaratan Majelis oleh penyesatan Fatwa Pimpinan Tgk. Barmawi, Ahmad atas (MPU) Aceh Kareung, di Desa Ujong Al-Mujahadah Yayasan Selatan. Aceh Kabupaten Sawang, Kecamatan potensial Kalla yang destruktif Jusuf Pernyataan pada Kristen dan Islam hubungan ketegangan menambah pernyataannya Petikan di Makassar. Gereja Konferensi 56.000 gereja ini sudah punya “Anda berikut: sebagai tidak ada masalah,seluruh seharusnya Indonesia lebih jumlah gereja berterima kasih. Pertumbuhan ini Anda urusan 1 gereja Kenapa besar masjid. daripada ini dalam rangka Justru seluruh dunia?.” ke bicara sampai libur Anda tidak kan libur, Jumat Anda. menghormati kebaktian bisa Anda kebaktian. untuk minggu hari Kalau cuma sekali. Jumat ibadah 5 kali shift, dengan mau Anda apa tidakAnda di kantor, suka ada masjid kerja. Pahami Minggu libur, Jumat ditukar, liburnya hari umat terhadap Islam umat penghormatan ini sebagai Kristen.“ Sekjen Wakil Ahmad Noor destruktif Dr. Pernyataan Indonesia Ulama Majelis bahwa menyatakan MUI, yang Ahmadiyah. aliran bertindakakan terhadap tegas agama membuat atau dibubarkan harus Ahmadiyah sudah karena Islam, bukan Ahmadiyah baru. Pasalnya Hadis. dan dari Al-Quran menyimpang Masjid pembangunan penolakan dan Penentangan Kecamatan Marsada, di Desa Nahornop Al Munawar yang warga oleh Utara Tapanuli Tarutung, Jae, Pahe Marsada Nahornop Masyarakat diri Aliansi menamakan Peduli Kedamaian. atas Hasib, K.H. Fannan Sampang Bupati Penolakan rumah ke hendak kembali yang Syiah warga permintaan Gayam, Desa Karang Nangkernang, di Dusun mereka Syiah warga menyatakan Bupati Omben. Kecamatan bisa. tidak lagi), dan tidak (kembali mungkin bisa 48 49 50 51 52 53 No.

208 STAGNASI KEBEBASAN BERAGAMA KAB./KOTA KAB./KOTA Kab. Ciamis Kab. Aceh Kab. Selatan Makasar Kota Jakarta Kota Pusat Tapanuli Kab. Utara SampangKab. Jakarta Kota Pusat Aceh Kab. Selatan Aceh Kab. Selatan Bandung Kota Bekasi Kota PROVINSI PROVINSI Jawa Barat Jawa Aceh Sulawesi Selatan Jakarta DKI Sumatera Utara Timur Jawa Jakarta DKI Aceh Aceh Barat Jawa Barat Jawa WAKTU WAKTU 1-Mar-13 1-Mar-13 1-Mar-13 1-Mar-13 4-Mar-13 5-Mar-13 5-Mar-13 5-Mar-13 6-Mar-13 7-Mar-13 7-Mar-13 NON NEGARA NON NEGARA NON PELANGGARAN PELANGGARAN Penyesatan Condoning Condoning Intoleransi Intoleransi Penyerangan Ancaman Kekerasan ntoleransi NEGARA NEGARA PELANGGARAN PELANGGARAN Penyesatan Diskriminasi Penyegelan Properti Pengusiran Tempat Penyegelan Ibadah NON NON PELAKU PELAKU NEGARA NEGARA Warga Individu MUI Warga MUI Warga Warga Gerakan Islam (GARIS) Ormas Islam Parpol PELAKU PELAKU NEGARA NEGARA MPU Bupati Bupati Kepolisian PP Satpol Bupati Kepolisian PP Satpol DPRD Anggota PP Satpol KORBAN KORBAN Individu Aliran Keagamaan Umat Kristiani Jemaat Ahmadiyah Umat Islam Syiah LDII Aliran Keagamaan Aliran Keagamaan Umat Kristiani Umat Kristiani PERISTIWA PERISTIWA Penyesatan terhadap Aldi Saputra, seorang yang yang seorang Aldi Saputra, terhadap Penyesatan Karang di Dusun berpraktik pengobatan memberikan Pangandaran, Gedang, Desa Babakan, Kecamatan mengajarkan telah Aldi dituduh Barat. Jawa Ciamis, setempat. warga kepada sesat aliran Ulama Permusyawaratan Majelis oleh penyesatan Fatwa Pimpinan Tgk. Barmawi, Ahmad atas (MPU) Aceh Kareung, di Desa Ujong Al-Mujahadah Yayasan Selatan. Aceh Kabupaten Sawang, Kecamatan potensial Kalla yang destruktif Jusuf Pernyataan pada Kristen dan Islam hubungan ketegangan menambah pernyataannya Petikan di Makassar. Gereja Konferensi 56.000 gereja ini sudah punya “Anda berikut: sebagai tidak ada masalah,seluruh seharusnya Indonesia lebih jumlah gereja berterima kasih. Pertumbuhan ini Anda urusan 1 gereja Kenapa besar masjid. daripada ini dalam rangka Justru seluruh dunia?.” ke bicara sampai libur Anda tidak kan libur, Jumat Anda. menghormati kebaktian bisa Anda kebaktian. untuk minggu hari Kalau cuma sekali. Jumat ibadah 5 kali shift, dengan mau Anda apa tidakAnda di kantor, suka ada masjid kerja. Pahami Minggu libur, Jumat ditukar, liburnya hari umat terhadap Islam umat penghormatan ini sebagai Kristen.“ Sekjen Wakil Ahmad Noor destruktif Dr. Pernyataan Indonesia Ulama Majelis bahwa menyatakan MUI, yang Ahmadiyah. aliran bertindakakan terhadap tegas agama membuat atau dibubarkan harus Ahmadiyah sudah karena Islam, bukan Ahmadiyah baru. Pasalnya Hadis. dan dari Al-Quran menyimpang Masjid pembangunan penolakan dan Penentangan Kecamatan Marsada, di Desa Nahornop Al Munawar yang warga oleh Utara Tapanuli Tarutung, Jae, Pahe Marsada Nahornop Masyarakat diri Aliansi menamakan Peduli Kedamaian. atas Hasib, K.H. Fannan Sampang Bupati Penolakan rumah ke hendak kembali yang Syiah warga permintaan Gayam, Desa Karang Nangkernang, di Dusun mereka Syiah warga menyatakan Bupati Omben. Kecamatan bisa. tidak lagi), dan tidak (kembali mungkin bisa (MUI) mendesak agar Indonesia Ulama Majelis keberadaan kembali pemerintah meninjau segera yang (LDII) Indonesia DakwahLembaga Islamiyah dalam Sebab, Jamaah. Islam dari jelmaan merupakan Jamaah. Islam ajaran memberlakukan tetap LDII praktek, agar seperti MUI minta Ahmadiyah, Sama terhadap menyebabkan karena LDII pemerintah membubarkan Islam. umat di tengah keresahan pimpinan Almujahadah Dayah Yayasan Penyegelan Kareung, Ujong di Gampong Barmawi, Ahmad Tengku Aceh Bupati oleh Selatan Aceh Sawang, Kecamatan Aceh beserta Muspida jajaran Yusuf Husin Selatan ini bersamaan Peristiwa PP. Satpol dan Selatan setelah Majelis 500 warga oleh pengepungan dengan Aceh (MPU) Nanggroe Ulama Permusyawaratan Barmawi, Ahmad Tengku ajaran Darussalam menyatakan sesat. tersebut dayah pemimpin Al Yayasan pengajian pengikut santri Pengusiran sesat, dituduh yang Ahmad Barmawi Tengku Mujahadah, Camat dipimpin yang Sawang Kecamatan Muspika oleh Sawang. Kapolsek dan yang intoleran desakan kelompok dan Ancaman Samidin. 01) dan RW (Ketua Ayi Haji dipimpin beberapa organisasi oleh didukung Aksi tersebut partai yakni politik seorang PKS, kemasyarakatan, partai dari serta Bandung, Hambali Kota DPRD anggota Niha (Banua Nias Protestan Kristen Gereja atas PPP nomor Holis Cibuntu Jalan Protestan/BNKP) Keriso Caringin, Kecamatan 07, Kelurahan 01/Rt 278 D RW mendesak agar Massa Bandung. Kota Kulon, Bandung Ancaman gereja. dari dikeluarkan gereja atribut semua Nias. Elfian, pengurus oleh Gereja desakan diterima dan MT Jalan Setu, HKBP Gereja bangunan Penyegelan Setu, 02 Tamansari, 005 RW. RT. Wiryo Gang Haryono, Praja Pamong Polisi Bekasi Satuan oleh Kabupaten Bekasi. Kab. PP) (Satpol 48 49 50 51 52 53 54 55 56 57 58 No. No.

209 LAPORAN KONDISI KEBEBASAN BERAGAMA/BERKEYAKINAN DI INDONESIA TAHUN 2013 KAB./KOTA Kota Bekasi Kota Bekasi Kota Bekasi Kota Deli Kab. Serdang Kab.Deli Serdang Deli Kab. Serdang PonorogoKab. GarutKab. PROVINSI Jawa Barat Jawa Barat Jawa Barat Jawa Sumatera Utara Sumatera Utara Sumatera Utara Timur Jawa Barat Jawa WAKTU 8-Mar-13 8-Mar-13 9-Mar-13 9-Mar-13 15-Mar-13 16-Mar-13 18-Mar-13 19-Mar-13 NON NEGARA NON PELANGGARAN Ancaman Kekerasan Intimidasi Perusakan Properti Penyerangan Pembubaran kegiatan keagamaan Pembubaran Diskusi Keberagaman NEGARA PELANGGARAN Penyegelan Tempat Tempat Penyegelan Ibadah Akses Penutupan Ibadah Tempat Pelarangan Tempat Pendirian Ibadah NON PELAKU NEGARA Pembela Front (FPI) Islam Warga Warga Warga MUI PELAKU NEGARA Kepolisian PP Satpol Kota Pemerintah Camat Kepolisian TNI KORBAN Jemaat Jemaat Ahmadiyah Jemaat Ahmadiyah Jemaat Ahmadiyah Umat Islam Umat Islam Aliran Keagamaan Pegiat Keberagaman Jemaat Ahmadiyah PERISTIWA Pemkot Bekasi melakukan penyegelan atas Masjid Masjid atas penyegelan Bekasi melakukan Pemkot 44 Kelurahan Raya No. Pangrango Al-Misbah di Jalan Bekasi Gede Kota Pondok Baru Kecamatan Jatibening Jemaat aktivitas pelarangang Segel memuat Barat. Jawa ini ketiga yang Penyegelan (JAI). Indonesia Ahmadiyah sedang yang Ahmadiyah Jemaat sekaligus menyekap masjid keluar bisa beribadah Jemaat di dalam masjid. jendela. bagian salah satu mendobrak cara dengan Al Masjid terhadap FPI oleh penutupan Ancaman Gede, Bekasi. Pondok Misbah, Jatibening, cara Bekasi dengan akses Pemkot oleh Pembatasan peribadatan tempat menuju halaman pagar menggembok Gede, oleh Pondok Jatibening, Ahmadiyah Jemaat Bekasi. Kota Pemerintah di Ar-Rahman Pengajian Jemaah terhadap Intimidasi X Raya, Dusun Raya V Ujung, Gang Sederhana, Jalan Sei Tuan, Percut Kecamatan Timur, Desa Sambirejo Deli Serdang. Kabupaten Ar- pengajian jamaah terhadap warga Penyerangan di bentrokan terjadinya mengakibatkan Rahman, yang Timur, Raya V Desa Sambirejo Gang Sederhana Jalan Deli Serdang. Kabupaten Seituan, Percut Kecamatan Rahman, Ar karena Pengajian Paksa Pembubaran Tujuh, Pasar Warga oleh aesat aliran sebagai dianggap Deli Serdang. Timur, Desa Sambirejo Polda melalui MUI Jatim Desakan penolakan dan Ahmadiyah seminar acara membatalkan agar Jatim disampaikan Desakan tersebut Ponorogo. di STAIN B- 55c/MUI/ bernomor Surat secara melalui tertulis MUI Umum Ketua ditandatangani yang JTM/III/2013 Sekretaris MUI dan Buchori KH. Abdusshomad Jatim, ditembuskan juga tersebut M.Si., Yaqin,S.Si. Ainul Wilayah Kantor Kepala V Brawijaya, pada Pangdam Kepala Timur, Jawa Provinsi Agama Kementerian Ponorogo, Bupati Timur, Prov.Jawa Tinggi Kejaksaan Wilayah Kantor Kepala dan MUI Kab.Ponorogo Ponorogo. Kab. Agama Kementerian di Ahmadiyah masjid paksa pembangunan Penghentian oleh Sukawening, Desa/Kecamatan Cipeucang, Kampung Muspika. 59 60 61 62 63 64 65 66 No.

210 STAGNASI KEBEBASAN BERAGAMA KAB./KOTA Kab. Bekasi Kab. Kota Tasikmalaya SampangKab. Sukabumi Kota Bekasi Kota Deli Kab. Serdang Kuningan Kab. Bandung Kota PROVINSI Jawa Barat Jawa Barat Jawa Timur Jawa Barat Jawa Barat Jawa Sumatera Utara Barat Jawa Barat Jawa WAKTU 21-Mar-13 21-Mar-13 23-Mar-13 24-Mar-13 24-Mar-13 26-Mar-13 30-Mar-13 1-Apr-13 NON NEGARA NON PELANGGARAN Tempat Perusakan Ibadah Intoleransi Penyegelan Ibadah Tempat Pelarangan Ibadah Pelarangan Ibadah Penyesatan Penyesatan NEGARA PELANGGARAN Pembongkaran Pembongkaran Ibadah Tempat Penyesatan Pemaksaan Keyakinan Condoning NON PELAKU NEGARA Warga MUI Pembela Front (FPI) Islam Warga MUI MUI PELAKU NEGARA Pemerintah Pemerintah Kabupaten PP Satpol KUA Kepolisian KORBAN Umat Kristiani Umat Kristiani Syiah Jemaat Ahmadiyah Umat Kristiani Aliran Keagamaan Aliran Keagamaan Gatafar Jemaat Ahmadiyah PERISTIWA Pembongkaran paksa bangunan Gereja HKBP Setu HKBP Gereja paksa bangunan Pembongkaran 05/02, Desa RT Wiryo Gang MT Haryono, di Jalan Bekasi, oleh Setu Kabupaten Kecamatan Tamansari, . PP Bekasi, Satpol Pemkab di Jln. Lingkar Advent ibadah jemaat tempat Perusakan Kota Tawang, Kecamatan Kahuripan, Dadaha, Kelurahan tidak dikenal. orang sekelompok oleh Tasikmalaya (MUI) Sampang, Indonesia Ulama Majelis Penolakan kembali Syiah warga keinginan atas Suaib, Muhamad Muhammad, Menurut halamannya. kampung ke bahwa menyatakan di seluruh ulama Madura “Para untuk Madura luar ke di relokasi harus Syiah pengungsi akan dimungkinan baru yang konflik menghindari kampung ke dikembalikan apabila menyulut kembali halamannya” di Ahmadiyah, Bilal milik Jemaat Masjid Penyegelan oleh Sukabumi, Kota Cikole, Kecamatan Sriwedari, Jalan Sukabumi Kota (FPI) Islam Pembela Front massa ratusan Ahmadiyah Jemaat digunakan masih dinilai karena beraktivitas. untuk Gereja Jemaat terhadap beribadah warga oleh Pelarangan Jatibening, Pos (GKI) Gembrong Indonesia Kristen Bekasi. (MUI) Indonesia Ulama Majelis oleh Penyesatan Agama Urusan di Kantor Morawa Tanjung Kecamatan Kaffah/ “Islam kelompok atas Morawa Tanjung (KUA) Khairuddin, Rudi dipimpin yang Ajaran Berserah Diri”. Sei Dalim Desa Kecamatan Kiri, Rampah Simpang warga Bedagai. Serdang Kabupaten Rampah, (MUI) Indonesia Ulama Majelis oleh Penyesatan (Gerakan Fajar Gafatar aliran atas Kuningan Kabupaten beberapa manyimpulkan MUI Kuningan Nusantara). adalah ajaran bahwa itu, Gafatar aliran kesesatan bentuk suci perpaduan merupakan dari beberapa kitab tersebut Taurot. dan seperti Injil agama, berbagai Alquran, TB Anis Pol, Irjen Barat Jawa Kapolda Pernyataan sadar segera Ahmadiyah Jemaah meminta Angkawijaya eling segera minta “Saya konflik. meminimalisir bisa agar (sadar),” 67 68 69 70 71 72 73 74 No.

211 LAPORAN KONDISI KEBEBASAN BERAGAMA/BERKEYAKINAN DI INDONESIA TAHUN 2013 KAB./KOTA Kota Semarang Kota Kutai Kab. Jember Kab. Bekasi Kota Bekasi Kota Cimahi Kota PROVINSI Jawa Tengah Jawa Kalimantan Timur Timur Jawa Barat Jawa Barat Jawa Barat Jawa WAKTU 2-Apr-13 25-Apr-13 3-Apr-13 4-Apr-13 4-Apr-13 5-Apr-13 NON NEGARA NON PELANGGARAN Intoleransi Pelarangan Ibadah NEGARA PELANGGARAN Kebijakan Diskriminatif atas Penuntutan Penodaan Tuduhan Agama Tempat Penyegelan Ibadah Pembiara n Akses Pembatasan Ibadah Tempat Akses Pembatasan Ibadah Tempat NON PELAKU NEGARA FKUB Warga PELAKU NEGARA Gubernur Kejaksaan PP Satpol Kepolisian TNI PP Satpol TNI Kepolisian KORBAN Umat Islam Individu Aliran Keagamaan Jemaat Ahmadiyah Jemaat Ahmadiyah Anak Jalanan PERISTIWA

Kebijakan diskriminatif, Pergub Jateng Nomor 149/ 2010 Nomor Jateng Pergub diskriminatif, Kebijakan 79/ 2010 tentang Nomor Pergub Perubahan tentang yang Jateng, Pemprov di Lingkungan Dinas Pakaian Waluyo. Bibit Tengah, Jawa Gubernur oleh dikeluarkan jilbab menggunakan larangan memuat tersebut Pergub dalam tertuang tersebut Peraturan (panjang). tertentu paling pemakian cara yang jilbab tata mengatur yang benar. Guru terhadap Umum Penuntut Jaksa oleh Penuntutan didakwa melakukan yang Muhammad), (Syekh Bantil 25 April pada Kamis dalam sidang penodaan agama, maksimal 5 tahun hukuman dengan 2013, JPU menuntut penjara. agar Jember kabupaten warga dan agama Desakan tokoh mengeluarkan (MUI) Jember Indonesia Ulama Majelis Mu’atabroh Thoriqoh sebuah kepada aliran sesat fatwa dari Desa/ Suro Mbah ajaran Qodiriyah Thoriqoh atau Jatim. Jember, Kabupaten Puger, Kecamatan bangunan pemagaran cara dengan permanen Penyegelan di Jalan Ahmadiyah Al-Misbah milik Jamaah Masjid Baru, Pondok 44, Jatibening Nomor Pangrango Terusan Barat. Bekasi, Jawa Gede, Kota seng oleh menggunakan masuk akses keluar Penutupan di Ahmadiyah 36 jamaah sebanyak membuat petugas, Al di dalam Masjid Bekasi terkurung Kota Jatibening, Misbah. sejumlah terhadap warga oleh shalat ibadan Pelarangan Cimindi, di Kp. Belajar dari Rumah jalanan anak Cimahi Selatan, Cigugurtengah, Kecamatan Kelurahan Cimahi. Kota melaksanakan hendak yang jalanan anak melarang Warga 2013. 5 April pada magrib Jum’at ibadah shalat anak bersama Cimindi Belajar Rumah Mentor Ipit, Galang Dani, Ucup, Bul-bul, Cepi, Agus, bimbingannya, tidak ruangan memasuki untuk dihardik Bitsu dan itu anak-anak dipakai yang alasan baju karena masjid tidak sah. akan sehingga sholatnya najis mengandung mengotori akan itu sejumlah anak-anak menuding warga masjid. kesucian 75 76 77 78 79 80 No.

212 STAGNASI KEBEBASAN BERAGAMA KAB./KOTA Kota Bekasi Kota Kab. Tasikmalaya Bekasi Kota Cianjur Kab. Cianjur Kab. Depok Kota BoyolaliKab. PROVINSI Jawa Barat Jawa Barat Jawa Barat Jawa Barat Jawa Barat Jawa Barat Jawa Tengah Jawa WAKTU 5-Apr-13 7-Apr-13 10-Apr-13 12-Apr-13 12-Apr-13 12-Apr-13 16-Apr-13 NON NEGARA NON PELANGGARAN perusakan properti Intoleransi Penyegelan Properti Keagamaan Penolakan Tempat Pendirian Ibadah NEGARA PELANGGARAN Pelarangan Ibadah Pelarangan Pembiaran Ancaman Penangkapan Penghentian Pembangunan ibadah Tempat NON PELAKU NEGARA Ormas Ormas Islam Warga PELAKU NEGARA Satpol PP Satpol Kepolisian Kota Pemerintah TNI Kepolisian TNI Kepolisian Bakorpakem Pemerintah Kecamatan KORBAN Jemaat Jemaat Ahmadiyah Umat Islam Jemaat Ahmadiyah Individu Jemaat Ahmadiyah LDII Syiah PERISTIWA Pelarangan terhadap puluhan jemaat Ahmadiyah yang yang Ahmadiyah jemaat puluhan terhadap Pelarangan Jumat salat melakukan untuk masjid ke hendak masuk Al-Misbah, di Masjid Ahmadiyah milik jemaat di masjid Gede, Bekasi. Pondok Jatibening, Pangrango, Jalan kepolisian aparat ratusan oleh dilakukan Pelarangan Jaya, Metro Polda Bekasi Kota, dari Polresta gabungan (Satpol Praja Pamong Polisi 0507, sertaKodim Satuan Barat. Bekasi, Jawa Kota Pemerintah dan PP) di Kampung Al-Idrisiyyah sebuah pesantren Perusakan Cisayong, Kecamatan Desa Jatihurip, Pagendingan, Bangunan Barat, Jawa Tasikmalaya, Kabupaten di lingkungan madrasah, rumah, mini market dan rusak Dirusak Al-Idrisiyyah berat. Pesantren Pondok sesat. aliran mengajarkan dituding karena ormas oleh instruksi Kapolsek melalui penangkapan Ancaman akan yang Dedy Tabrani Gede Kompol Pondok merusak yang seng pagar yang saja siap menangkap 20 sekitar Al Misbah. Padahal akses masjid ke menutup berada masih Ahmadiyah dalam masjid jemaat orang tersebut. ratusan oleh desakan pembongkaran dan Penolakan Campaka di Kecamatan Islam ormas dari berbagai massa pembangunan terhadap Barat, Jawa Cianjur, Kabupaten di Desaruko Ahmadiyah milik salah jemaat seorang Cianjur. Kabupaten Campaka Kecamatan Sukadana Ahmadiyah Jemaat paksa peribadatan sarana Penyegelan Campaka Kecamatan di Desa Sukadana (JAI) Indonesia Bakorpakem oleh Barat, Jawa Cianjur, Kabupaten Cianjur. Lembaga sebuah masjid pembangunan Penolakan di Warga oleh (LDII) Lembaga Indonesia Dakwah Islam Barat. Beji, Depok, Jawa di Ahmadiyah Masjid Pembangunan Penghentian Pemerintah oleh Boyolali Desa Mojosongo Kragilan Boyolali. Mojosongo Kecamatan 81 82 83 84 85 86 87 No.

213 LAPORAN KONDISI KEBEBASAN BERAGAMA/BERKEYAKINAN DI INDONESIA TAHUN 2013 KAB./KOTA Kab. Aceh Aceh Kab. Besar Batu Kota SampangKab. Kab. Tasikmalaya Cirebon Kota Kab. Tasikmalaya PROVINSI Aceh Timur Jawa Timur Jawa Barat Jawa Barat Jawa Barat Jawa WAKTU 23-Apr-13 30-Apr-13 1-May-13 4-May-13 4-May-13 5-May-13 NON NEGARA NON PELANGGARAN Pengepungan Penyesatan Pengusiran Tempat Perusakan Ibadah Pembakaran Ibadah Tempat Pemaksaan Keyakinan Penyerangan Pemukiman Perusakan Properti NEGARA PELANGGARAN Penelantaran Pengungsi NON PELAKU NEGARA Warga Warga Warga Individu Warga PELAKU NEGARA Pemprov KORBAN Aliran Aliran Keagamaan Individu Syiah Jemaat Ahmadiyah Individu Jemaat Ahmadiyah PERISTIWA Pengepungan oleh ratusan massa dari sejumlah gampong sejumlah dari massa gampong ratusan oleh Pengepungan Bada, Peukan Kecamatan Lampageu, di Kemukiman Miftahusa’adah (Pesantren) Dayah terhadap Besar, Aceh berada di pemukiman yang Al-Farisi Fansuri Hamzah yang di dayah aktivitas menuduh Massa di Lampageu. sesat. faham menyebarkan Tgk Alimin itu dipimpin Reiki Quark Atomic-Kundalini Padepokan Pembubaran Desa Tulungrejo, (Q-RAK) Wonorejo, di Dusun yang warga Sebelumnya, warga. oleh Bumiaji Kecamatan mengusir juga Riono Wonorejo, Dusun Kepala dipimpin Reiki Quark Atomic-Kundalini Kingdom Master karena padepokannya dari Irianto, (Q-RAK), Rony tidak sesat, aliran dengan sesuai menyebarkan dituduh 300 Sekitar setempat. warga agama ajaran kebanyakan mengusir tangan tanda dukungan menggalang warga Q-RAK ini. pimpinan bantuan menghentikan Timur Jawa Provinsi Pemerintah Kabupaten di GOR Syiah pengungsi untuk makanan Sampang. di Ahmadiyah masjid pembakaran dan Perusakan Kecamatan Desa Cipakat, Babakan Sindang, Kampung tak massa yang dikenal oleh Tasikmalaya, Singaparna, kaca pecah rusak. kusen mengakibatkan dan Salah satu massa. dibakar juga masjid bagian (30) oleh Rini Fitriana terhadap keyakinan Pemaksaan Rini Rini. dan (32), suami Kosasih Indrajaya Ayung Kota Barat tinggal Tanda di Jl. yang Jansen anaknya memeluk untuk dipaksa Ayung Barat Jawa Cirebon, besar ketika ia marah mengajarkan Ayung Kristen. agama doa-doa Islam, salam maupun mengucapkan Jansen sarung, koko, baju dipakaikan ketika Jansen termasuk dan kopiah. komunitas pemukiman terhadap warga oleh Penyerangan Desa Tenjowaringin, Wanasigra, di Kampung Ahmadiyah 20 Sekitar Tasikmalaya. Kabupaten Salawu, Kecamatan itu Penyerangan batu. rumah rusak lemparan akibat itu di wilayah Ahmadiyah Jemaat terjadi setelah ratusan setempat Muspika Pihak sebuah pengajian. mengadakan berlangsungnya selama pengawalan sudah melakukan Ahmadiyah Jemaat Setelah selesai pengajian, pengajian. massa itulah pada saat rumah ke masing-masing, pulang penyerangan. melakukan 88 89 90 91 92 93 No.

214 STAGNASI KEBEBASAN BERAGAMA KAB./KOTA Kab. Tasikmalaya Kab. Tasikmalaya Cianjur Kab. Kab. Tasikmalaya Depok Kota Bandung Kota SampangKab. PROVINSI Jawa Barat Jawa Barat Jawa Barat Jawa Barat Jawa Barat Jawa Barat Jawa Timur Jawa WAKTU 5-May-13 5-May-13 6-May-13 7-May-13 7-May-13 7-May-13 7-May-13 NON NEGARA NON PELANGGARAN Pembakaran Pembakaran Ibadah Tempat Tempat Perusakan Ibadah Intoleransi Ancaman Penyerangan Ancaman Penutupan Intoleransi NEGARA PELANGGARAN Tempat Penyegelan Ibadah Tempat Perusakan Ibadah Condoning NON PELAKU NEGARA Warga Warga Pembela Front (FPI) Islam Warga Pembela Front (FPI) Islam Warga PELAKU NEGARA (Pejabat PPNS Pegawai Penyidik Sipil) Negri PP Satpol Kepolisian Camat TNI Gubernur KORBAN Jemaat Jemaat Ahmadiyah Jemaat Ahmadiyah Jemaat Ahmadiyah Jemaat Ahmadiyah Jemaat Ahmadiyah Jemaat Ahmadiyah Syiah

PERISTIWA Pembakaran oleh warga terhadap Mushala Baitus Syukur Syukur Baitus Mushala terhadap warga oleh Pembakaran di Kampung berlokasi yang Ahmadiyah milik Jemaat Barat. Jawa Tasikmalaya, Kabupaten Sukasari, Subhan Baitus Masjid terhadap warga oleh Perusakan Barat. Jawa Tasikmalaya, Citeguh, Jemaat anggota penolakan dan Desakan pembubaran Islam Pembela Front 200 Laskar sekitar oleh Ahmadiyah di Komplek lainnya Islam ormas aktivis bersama (FPI) Cianjur. Pemkab Jemaat peribadatan pascaperusakan via sarana SMS Teror Desa Tenjowaringin, Wanasigra, di Kampung Ahmadiyah berisi SMS lewat Pesan Tasikmalaya. Sawalu, Kecamatan Ahmadiyah jika Jemaat susulan penyerangan ancaman ibadah. melakukan masih Sekretariat dan Al Hidayah Masjid terhadap Penyegelan Depok. Sawangan, Muchtar, di Jalan Ahmadiyah, Jemaat Penyidik (Pejabat PPNS oleh dilakukan Penyegelan Selain Barat. Depok, Jawa Satpol Sipil) Negri Pegawai Sawangan Kapolsek ada juga PP, Satpol pimpinan Herwiyanto, Eko Sawangan Camat dan Jumadi, Kompol karena dilakukan Penyegelan serta Sawangan. Danramil paksa perusakan dan oleh penutupan ancaman adanya (FPI). Islam Pembela Front oleh Ahmadiyah pembubaran dukungan Pernyataan Menurut Heryawan. Ahmad Barat Jawa Gubernur perusakan berujung pada saat yang kekerasan Heryawan, Babakan di Kampung Ahmadiyah Jemaat penyerangan di dan Singaparna, Kecamatan Desa Cipakat, Sindang, Kecamatan Desa Tenjowaringin, Wanasigra, Kampung tidak perlu pada 5 Mei, Tasikmalaya, Kabupaten Salawu, hilang. Ahmadiyah terjadi jika ajaran penyebabnya bahwa mengatakan Heryawan agama ajaran penyebaran adalah adanya (penyerangan) maka tidak ini hilang ada Kalau bertentangan. yang masalah. dari Desa Karang 750 warga sekitar oleh Penolakan Desa dan Omben Blu’uran, Kecamatan Gayam, Sampang DPRD di kantor Penang, Karang Kecamatan mendesak agar Warga Sampang. Syiah pengikut terhadap diusir Tenis di GOR ditampung masih yang Syiah warga ke luar Sampang. 94 95 96 97 98 99 No. 100

215 LAPORAN KONDISI KEBEBASAN BERAGAMA/BERKEYAKINAN DI INDONESIA TAHUN 2013 KAB./KOTA Kab. SampangKab. SampangKab. Mataram Kota Bekasi Kab. Kutai Kab. Kab. Tulungagung Kab. Bojonegoro Kab. Tulungagung GarutKab. PROVINSI Jawa Timur Jawa Timur Jawa Nusa Tenggara Barat Barat Jawa Kalimantan Timur Timur Jawa Timur Jawa Timur Jawa Barat Jawa WAKTU 8-May-13 8-May-13 10-May-13 13-May-13 14-May-13 16-May-13 16-May-13 17-May-13 17-May-13 NON NEGARA NON PELANGGARAN Pengusiran Tempat Perusakan Ibadah Intoleransi Penyerangan Ibadah Tempat NEGARA PELANGGARAN Diskriminasi Diskriminasi Condoning Tuduhan atas Vonis Agama Penodaan Pembiaran Perampasan Ibadah Tempat NON PELAKU NEGARA Warga Warga Warga Warga PELAKU NEGARA Bupati Pemprov Kota Pemerintah Pengadilan Kepolisian TNI Camat KORBAN Syiah Syiah Jemaat Ahmadiyah Jemaat Ahmadiyah Individu Jemaat Ahmadiyah Aliran Keagamaan Jemaat Ahmadiyah Jemaat Ahmadiyah PERISTIWA Relokasi pengikut Syiah ke Sidoarjo, Jawa Timur oleh oleh Timur Jawa Sidoarjo, ke Syiah pengikut Relokasi Hasib. Fannan Sampang, Bupati berasal Desa dari yang massa Blu’uran, ribuan Penolakan Kec. Gayam, serta Desa Karang Penang Karang Kec. dari penampungan keluar Syiah pengikut agar Omben yang Syiah pengungsi para memulangkan Tenis di GOR Tenis GOR tinggal di penampungan sudah 9 bulan Indoor. 70 Jemaat memilih sekitar hak untuk Penghilangan penampungan tinggal di tempat yang Ahmadiyah (NTB), pada Barat Tenggara Nusa Mataram, Transito, NTB. (Pilgub) Gubernur Pemilihan Bambang Susilo Bekasi Presiden kepada Desakan Pemkot dibubarkan. Ahmadiyah agar Yudhoyono penodaan tuduhan atas Sangatta PN Hakim Mejelis Vonis Guru atau Muhammad Syach oleh dilakukan yang agama membayar dan penjara 2,6 tahun hukuman dengan Bantil 5000. Rp pekara biaya Ahmadiyah milik Salam Jemaat Baitul Masjid Perusakan Kabupaten Pakel, Kecamatan di Desa Gempolan, setempat. warga oleh Timur Jawa Tulungagung, Desa/Kecamatan warga oleh Desakan pembubaran Tafsir Majlis terhadap Bojonegoro Kabupaten Ngambon (MTA). Alquran ibadah Jemaat tempat terhadap warga oleh Penyerangan Pakel, Kecamatan di DesaAhmadiyah Gempolan, ini terjadi aparat di depan Penyerangan Tulungagung. Militer Rayon Komando dan Pakel Sektor Kepolisian sudah berjaga-jaga sebelum di lokasi Aparat setempat. berusaha terjadi tanpa mencegah. penyerangan Desa Ngamplang, Nyalindung, di Kp. Ahmadiyah Jemaat pengelolaan ‘menyerahkan’ Garut Kab. Cilawu, Kec. ibadah mereka tempat ini menjadi selama yang masjid pengelolaan Penyerahan setempat. Muspika unsur kepada dan konflik menghindari untuk dilakukan masjid Ahmadiyah. jemaat dan warga antara ketegangan No. 101 102 103 104 105 106 107 108 109

216 STAGNASI KEBEBASAN BERAGAMA KAB./KOTA Kab. Lebak Kab. Kab. Tulungagung Kab. Tasikmalaya Kab. Tasikmalaya Kab. Tasikmalaya Kab. Tasikmalaya Kota PROVINSI Banten Timur Jawa Barat Jawa Barat Jawa Barat Jawa Barat Jawa Bengkulu WAKTU 18-May-13 20-May-13 20-May-13 20-May-13 20-May-13 20-May-13 20-May-13 NON NEGARA NON PELANGGARAN Intoleransi Intoleransi Perusakan Properti NEGARA PELANGGARAN Diskriminasi Pindah Pemaksaan Keyakinan pemaksaan keyakinan Condoning NON PELAKU NEGARA Warga Ormas IMKASA (Ikatan Masyarakat Korban Sesat Aliran Ahmadiyah Tasikmalay) Warga PELAKU NEGARA Pemerintah Pemerintah Kabupaten Kemenag Kemenag Agama Menteri KORBAN aliran aliran kepercayaan Sunda wiwitan Jemaat Ahmadiyah Jemaat Ahmadiyah Jemaat Ahmadiyah Jemaat Ahmadiyah Jemaat Ahmadiyah Aliran Keagamaan PERISTIWA Diskriminasi terhadap masyarakat Baduy yang tinggal yang Baduy masyarakat terhadap Diskriminasi Banten, Lebak, Provinsi di pedalaman Kabupaten karena Wiwitan, Sunda penghayat merupakan yang yang keyakinan mencantumkan tidak dibolehkannya (KTP). Penduduk Tanda di dalam Kartu dianutnya Jamaah tokoh oleh masjid penutupan dan Penyegelan menghindari untuk Jakfar, Tulungagung Ahamadiyah Salam, tidak Baitus jika terima masjid yang massa amuk sebagai digunakan milik ini tetep Ahmadiyah jamaah di Desa Gempolan, ajaranya ibadah syiar dan tempat Ahmadiyah masjid Penutupan Tulungagung. Pakel, ini Penutupan Dandim. Kapolres, disaksikan oleh desakan berbagai pihak. atas dilakukan Jawa di Tasimalaya Ahmadiyah 712 pengikut Sebanyak berasal sejumlah dari yang daerah di Tasikmalaya Barat Singaparna, Sukaraja, Ponteng, Parung lain antara dipaksa berpindah dan keyakinan Sukaratu dan Salawu, Ahmadiyah. ajaran terhadap keyakinannya meninggalkan Ahmadiyah Jemaah anggota mantan 20 orang Sebanyak syahadat, kalimat mengucapkan di Tasikmalaya, Bupati dan Agama Menteri disaksikan masyarakat, Baiturrochman, Agung di Masjid Tasikmalaya, Singaparna. Ahmadiyah Jemaat organisasi Desakan pembubaran Jawa di Tasikmlaya, warga ratusan oleh (JAI) Indonesia Barat. Indonesia Republik Agama Menteri Pernyataan jika ajaran bahwa mengatakan Suryadharma yang Ali, maka dipastikan tersendiri, agama menjadi Ahmadiyah marah. yang tidak ada warga akan semi tempat permanen sebuah bangunan Perusakan Laduna disebut yang pengajian kelompok berkumpulnya Komplek di Mushala Muhammad” “Cahaya atau Hilma 2, 17 RW. RT. Giro Pos Dua 17 Jl. Jalur Negeri SMP Muara Kecamatan Gubernur, Pematang Kelurahan diduga karena warga oleh Bengkulu Kota Bangkahulu, Sesat. Aliran Ajarkan No. 110 111 112 113 114 115 116

217 LAPORAN KONDISI KEBEBASAN BERAGAMA/BERKEYAKINAN DI INDONESIA TAHUN 2013 KAB./KOTA Kota Cirebon Kota Bengkulu Kota Serdang Kab. Badagai Serdang Kab. Bedagai SolokKab. Bekasi Kota SolokKab. PROVINSI Jawa Barat Jawa Bengkulu Sumatera Utara Sumatera Utara Sumatera Barat Barat Jawa Sumatera Barat WAKTU 21-May-13 22-May-13 21-May-13 28-May-13 30-May-13 31-May-13 1-Jun-13 NON NEGARA NON PELANGGARAN Penggrebekan Penganiayaan Penyesatan atas Pelaporan Sesat Tuduhan Intoleransi Ancaman Pengusiran NEGARA PELANGGARAN Aliran Pelarangan Keagamaan Penghentian Aktifitas Keagamaan Pengintaian Ibadah Kegiatan NON PELAKU NEGARA GAPAS MUI Ormas Warga Nahdlatul (NU) Ulama Adat Kaum XII Rantau Sangir Koto PELAKU NEGARA Bakorpakem Kesbangpol KORBAN Individu Aliran Keagamaan Aliran Keagamaan Individu Jemaat Ahmadiyah Umat Kristiani Jemaat Ahmadiyah PERISTIWA Penggrebekan sebuah tempat kos di Gang Kuranji Kuranji di Gang kos sebuah tempat Penggrebekan diduga yang Cirebon Kota Harjamukti Kecamatan An aliran anggota persembunyian tempat sebagai Gapas Ormas Islam sejumlah anggota oleh Nubuwat, Sesat). Aliras Salah dan satu Pemurtadan (Gerakan Anti warga. oleh ditangkap pengikutnya pengajian kelompok kegiatan pembekuan dan Pelarangan Pengawas Badan Koordinasi oleh Muhammad Cahaya (Bakorpakem) Bengkulu. Masyarakat Kepercayaan Aliran Ulama Majelis berdasarkan, dilakukan Pembekuan menyatakan sepakat Bengkulu (MUI) Kota Indonesia Islam. ajaran dari menyimpang dan sesat tersebut aliran MUI, TNI, Jaksa, dari polisi, Bakorpakem terdiri Tim Agama. Kementerian dan masyarakat, swadaya lembaga Nomor: Badagai MUI Serdang Fatwa oleh Penyesatan 2013 tentang tertanggal 21 Mei 01/DP.P.II.25/F/V/2013 Rudi dicetuskan Murni) yang (Islam Kaffah Islam ajaran Khairuddin. yang pria Khairuddin (36) seorang Rudi Pelaporan Allah oleh utusan Rasul menjadi dan dirinya mengaku (Ormas) Islam Kemasyarakatan Organisasi Forum atas Utara Sergai-Sumatera Bedagai Mapolres Serdang ke sesat. ajaran menyebarkan tudingan Linmas Solsel Basrial Kesbangpol Kabag oleh Pengintaian melaksanakan biasa yang Ahmadiyah Jemaat terhadap Sikinjang di sebuah rumah di Jorong Jumat Shalat Sangir, Kecamatan Gadang, Lubuk Golden Arm Nagari Solok. Kampung warga ratusan oleh Desakan penutupan Bekasi Utara, Tengah, 24, Kaliabang 3/RW RT Mangseng Gereja tiga gereja: terhadap Barat Bekasi, Jawa Kota dan Rahmani Indonesia, Kristus Gereja Pantekosta, Batak Protestan. Kristen Huria Gereja Ulama Nahdlatul Pengurus oleh pengusiran Ancaman adat kaum bersama Solok Selatan (NU) Kabupaten Ahmadiyah Jemaat terhadap Sangir XII Koto Rantau Jujuan, Sangir Sangir, bermukim di Kecamatan yang Kabupaten Haridi Batang Sangir dan Balai Janggo, Sangir Solok Selatan. No. 117 118 119 120 121 122 123

218 STAGNASI KEBEBASAN BERAGAMA KAB./KOTA Kota Padang Kota Makasar Kota Kab. Tasikmalaya Blitar Kota Kota Surabaya Kota Jakarta Kota Pusat Bogor Kota PROVINSI Sumatera Sumatera Barat Sulawesi Selatan Barat Jawa Timur Jawa Tengah Jawa Timur Jawa Jakarta DKI Barat Jawa WAKTU 3-Jun-13 5-Jun-13 7-Jun-13 10-Jun-13 11-Jun-13 11-Jun-13 14-Jun-13 15-Jun-13 NON NEGARA NON PELANGGARAN Penyesatan Diskriminasi Pemaksaan Keyakinan Pindah Diskriminasi Pembubaran Diskusi Keberagaman Intoleransi Penyerangan Penganiayaan NEGARA PELANGGARAN Diskriminasi Pembiaran Diskriminasi NON PELAKU NEGARA MUI Sumatera MUI Sumatera Barat Perguruan Tinggi Ormas MUI Pembela Front (FPI) Islam LDII PELAKU NEGARA Kemenag Pendidikan Dinas Kepolisian Kepolisian KORBAN Jemaat Jemaat Ahmadiyah Mahasiswa Jemaat Ahmadiyah Pelajar Pengelola Yayasan Pendidikan Pegiat Keberagaman Polwan Mahasiswa PERISTIWA Penyesatan oleh Ketua MUI Sumatera Barat Syamsul Syamsul Barat MUI Sumatera Ketua oleh Penyesatan Ahmadiyah. Jemaat Bahri terhadap Dosen oleh Sekolah dilakukan Tinggi yang Diskriminasi Makassar, Hasanuddin, Nani (STIKES) Kesehatan Ilmu mahasiswinya dua rok dan jilbab menggunting dengan panjang. jilbab mengenakan karena Kementerian oleh keyakinan pindah Pemaksaan Singaparna, Ahmadiyah, 20 Jemaat terhadap Agama ini terjadi setelah perkampungan Peristiwa Tasikmalaya. Singaparna dan Salawu di Kecamatan Ahmadiyah sejumlah diserang Barat Jawa Tasikmalaya, Kabupaten Menteri disaksikan langsung Syahadat Ikrar warga. Kementerian Kantor Suryadharma Kepala Ali, Agama sejumlah dan ormas Tasikmalaya, Kabupaten Agama Islam. Timur, Jawa Blitar, Kota Pendidikan Dinas sebagai agama ilmu bisa harus siswa memberlakukan dalam peserta penerimaan syarat didik baru (PPDB) 2013. Tegal, (MUI) Kota Indonesia Ulama Majelis Fatwa atau tua orang mengharamkan yang Manaf, Abdi Harun di sekolah- anaknya menyekolahkan muslim keluarga non-Muslim. yayasan dikelola yang sekolah yang Islam-Kristen Dialog acara Teologis Pembubaran Beragam Varian Membedah Criticism: bertema Textual Forum Makan di Rumah & AlQuran Alkitab Teks-Teks FPI. oleh Timur Jawa Surabaya, Margorejo di Jalan Polri. Korps oleh Jilbab mengenakan Polwan Pelarangan di mengatan.”Aturan Sukarna Nanan Komjen Wakapolri serahkan kita keberatan, “Kalau tidak boleh,” Kepolisian memilih tidak atau pensiun bersangkutan, yang kepada Polwan.” menjadi berjumlah yang sekitar LDII massa oleh Penyerangan (UIKA) Khaldun Ibnu Kampus terhadap 200 orang dan aqidah seminar Islam menggelar Bogor saat ruqyah.pelatihan No. 124 125 126 127 128 129 130 131

219 LAPORAN KONDISI KEBEBASAN BERAGAMA/BERKEYAKINAN DI INDONESIA TAHUN 2013 KAB./KOTA Kota Ambon Kota Banda Kota aceh Mataram Kab. SampangKab. SampangKab. Jakarta Kota Pusat Mataram Kota PROVINSI Maluku Aceh Nusa Tenggara Barat Timur Jawa Timur Jawa Jakarta DKI Nusa Tenggara Barat WAKTU 16-Jun-13 17-Jun-13 19-Jun-13 20-Jun-13 20-Jun-13 24-Jun-13 21-Jun-13 NON NEGARA NON PELANGGARAN Pembongkaran Ibadah Tempat Diskriminasi Ancaman Pengusiran Condoning NEGARA PELANGGARAN Pelarangan Ibadah Pelarangan Pembiaran Paksa Pengungsian Diskriminasi Diskriminasi NON PELAKU NEGARA Warga Agama Tokoh PELAKU NEGARA Kepolisian Kepolisian Pemprov Pemerintah Kabupaten Pemprov Kepolisian DPRD Kemenag Pemerintah Kabupaten KORBAN Taruna SPN Taruna Umat Kristiani Jemaat Ahmadiyah Syiah Syiah Jemaat Ahmadiyah Jemaat Ahmadiyah PERISTIWA Pelarangan ibadah di Gereja Dian Kasih oleh Kepala Kepala oleh ibadah Kasih Dian di Gereja Pelarangan AKBP Passo, (SPN) Kepolisian Sekolah Pendidikan SPN. kompleks warga dan siswa terhadap Ningsih Tri permasalahan oleh ini dilatarbelakangi Pelarangan tua. orang dan siswa salahdengan satu digunakan yang sebuah rumah toko Pembongkaran Bethel Gereja Indonesia ibadah Jemaat tempat sebagai 47 No HT Daudsyah di Jl. berlokasi yang (GBI), Aceh Banda Peunayong Alam Kuta Kecamatan Aceh. di Banda massa dihancurkan pemerintah daerah Akte NTB memberikan Penolakan Ahmadiyah jamaah keluarga bagi 20 anak Kelahiran Nusa Mataram, Transito di Asrama mengungsi yang Barat. Tenggara asal Syiah Dusun pengungsi pengusiran Ancaman bertahan yang di Sampang, Kabupaten Nangkernang, dari kiai puluhan oleh Sampang Olahraga Gelanggang di Madura. kabupaten empat Sampang paksa pengungsian warga dan Pemindahan di lokasi mengungsi sebelumnya yang Syiah penganut Sampang, Kusuma Wijaya (GOR) olahraga gedung di Sidoarjo. Agro Puspa ke dipindahkan Madura, antara bersama kesepakatan ini berdasarkan Pemindahan pimpinan dan Jatim Pemprov dengan Sampang Pemkab DPRD. melarang yang (Permenag) Agama Menteri Peraturan ibadah menunaikan disabilitas penyandang haji jamaah 62/ 2013 tentang No 2013. Permenag pada tahun haji yang Haji Jamaah Keberangkatan Penundaan Kriteria 2013 ibadah Haji Penyelenggara Biaya Melunasi Telah sebagai fisik individu kecacatan menjadikan tersebut alasan pelarangan. di Ahmadiyah penganut dari keluarga anak Delapan Tenggara Nusa Mataram, Transito Asrama penampungan tidak memiliki karena disekolahkan tidak dapat Barat dasar. sekolah masuk persyaratan sebagai kelahiran akta No. 132 133 134 135 136 137 138

220 STAGNASI KEBEBASAN BERAGAMA KAB./KOTA Kab. Serdang Serdang Kab. Bedagai Klaten Kab. Bekasi Kota Kab. Tasikmalaya Kab. Medan Sidoarjo Kab. Klaten Kab. PROVINSI Sumatera Sumatera Utara Tengah Jawa Barat Jawa Barat Jawa Sumatera Utara Timur Jawa Tengah Jawa WAKTU 25-Jun-13 26-Jun-13 27-Jun-13 1-Jul-13 1-Jul-13 2-Jul-13 2-Jul-13 NON NEGARA NON PELANGGARAN Penolakan Tempat Pendirian ibadah Penolakan Tempat Pendirian Ibadah intoleransi Penyesatan NEGARA PELANGGARAN Penangkapan atas atas Penangkapan Penodaan Tuduhan Agama Ibadah Pelarangan Diskriminasi Penelantaran Pengungsi Tempat Penyegelan Ibadah NON PELAKU NEGARA Pembela Front (FPI) Islam Umat Forum (FUI) Islam MMI KOKAM Muhammadiyah (Jama’ah JAT Ansharut Tauhid) MTA FKAM Umat Forum (FUI) Islam Mahasiswa PELAKU NEGARA Kepolisian Kota Pemerintah Kemenag Pemerintah Kabupaten PP Satpol KORBAN Individu Umat Kristiani Umat Kristiani Jemaat Ahmadiyah Aliran Keagamaan Syiah Umat Kristiani PERISTIWA Rudi Chairuddin alias Udin, warga Desa Sei warga Rampah Chairuddin alias Udin, Rudi Serdang Sei Kabupaten Rampah Kecamatan Kiri, rekannya, bersama Utara, Bedagai, Sumatera ikut yang Morawa, desa Tanjung warga Burhanuddin, mereka yang agama ajaran menyebarkan membantu telah dituduh rekannya dan Rudi polisi. ditangkap anut, pasal dikenakan pasal dan agama penistaan melakukan penjara. tahun lima pidana ancaman 156 KUHP dengan di Desa Samadi Griya Gereja pembangunan Penolakan Ratusan Klaten. kabupaten Jogonalan, Kecamatan Rejoso, yang Klaten dalam Islam Ormas tergabung yang warga Muhammadiyah, FUI, MMI, KOKAM FPI, dari terdiri dengan penolakan melakukan FKAM, dan MTA JAT, Daerah Pemerintah rasa di kantor aksi unjuk menggelar Tengah. Jawa Klaten, kabupaten (Pemda) Katolik Gereja pembongkaran tuntutan dan Penolakan Kranggan, Kalamiring, di Kampung Koska Stanislaus pembangunan dalam masih tahap yang Jatisampurna, (FUI), Islam Umat dari Forum orang ratusan oleh taklim se-Kecamatan majelis anggota diikuti juga Barat. Bekasi, Jawa Kota Wali di kantor Jatisampurna, anggota terhadap haji jamaah pendaftaran Pelarangan Barat. Jawa di Tasikmalaya, Ahmadiyah Jemaat pembubaran dan pimpinan Desakan penangkapan Aksi Mahasiswa Solidaritas oleh Samaniyah Tarekat sesat. ini dianggap Tarekat Indonesia. Muslim Rumah penghuni pendidikan Anak-anak Penelantaran Timur. Jawa Sidoarjo, Kabupaten Agro, Puspa Susun di Desa Rejoso Samadi ibadah Griya tempat Penyegelan Klaten, Kabupaten Jogonalan, 6, Kecamatan 02/ RW. RT. Penyegelan Klaten. Kab. PP Satpol oleh Tengah Jawa Islam umat desakan elemen atas dilakukan tersebut JAT, Muhammadiyah, seperti FUI, MMI, KOKAM FPI, FKAM. dan MTA No. 139 140 141 142 143 144 145

221 LAPORAN KONDISI KEBEBASAN BERAGAMA/BERKEYAKINAN DI INDONESIA TAHUN 2013 KAB./KOTA Kota Jakarta Jakarta Kota Pusat Manado Kota Jakarta Kota Utara GarutKab. Cianjur Kab. KaroKab. KaroKab. SumedangKab. PROVINSI DKI Jakarta DKI Sulawesi Utara Jakarta DKI Barat Jawa Barat Jawa Sumatera Utara Sumatera Utara Barat Jawa WAKTU 3-Jul-13 12-Jul-13 12-Jul-13 13-Jul-13 15-Jul-13 18-Jul-13 18-Jul-13 19-Jul-13 NON NEGARA NON PELANGGARAN Tempat Perusakan Ibadah Pelarangan Ibadah Penghentian Kegiatan Keagamaan NEGARA PELANGGARAN Condoning Penangkapan Tuduhan atas Agama Penisataan Penahanan Tuduhan atas Agama Penisataan Diskriminasi Pemutusan Kerja Hubungan Pemberhentian Studi Diskriminasi Diskriminasi Diskriminasi NON PELAKU NEGARA Warga Perusahaan Pembela Front (FPI) Islam PELAKU NEGARA Menteri Agama Menteri Kepolisian Lembaga Pendidikan Lembaga Pendidikan Lembaga Pendidikan Muspika KORBAN Jemaat Jemaat Ahmadiyah Umat Islam Karyawan Individu Jemaat Ahmadiyah Pelajar Pelajar Jemaat Ahmadiyah PERISTIWA Pelarangan terhadap Jemaat Ahmadiyah yang tidak boleh yang Ahmadiyah Jemaat terhadap Pelarangan Partai Umum Ketua oleh PPP anggota menjadi masuk Suryadharma (PPP) Ali. Pembangunan Persatuan oleh Politeknik, Muhtadin Sabilal Masjid Perusakan Kecamatan di tidak diidentifikasi, bisa yang warga Utara. Sulawesi Manado, Kota Mapanget, direktur Kim, Hary oleh ibadah shalat Pelarangan Jakarta Cakung, perusahaan PT Miyungsung-KBN memprotes karena buruh dipecat salah Lami, satu Utara. dia tempat di pabrik shalat melarangnya yang direktur bekerja. H. Aceng Leles terhadap Sektor Polisi oleh Penangkapan dugaan (57), atas Yahya (60) dan Solihin (65), H. Wara Ketiga menyimpang. yang Islam ajaran menganut telah Tengah, Karang Kampung dan Legok Kampung warga Jawa Garut, Leles, Kabupaten Kecamatan Desa Sukarame, Sunnah. Inkarus dari ajaran ini anggota Barat, pengajar tenaga orang dua dan 10 murid Pengusiran di Sukadana Sekolah Negeri Dasar di lingkungan Kabupaten Campaka, Kecamatan Desa Sukadana, tersebut SD Kepala dan warga oleh Barat, Jawa Cianjur, Jemaah pengikut merupakan diketahui dikarenakan (JAI). Indonesia Ahmadiyah Sekolah Kepala oleh jilbab mengenakan Pelarangan SDN di sekolah jilbab memakai yang siswa terhadap berujung Berastagi, yang Kecamatan Udara 040462 Jl. murid. pada pemecatan 1 Sigarang- SMPN di sekolah jilbab memakai Pelaragan 1 SMPN Kepala oleh Teran Naman Kecamatan garang, Sigarang-garang masjid aktivitas penghentian dan Penututupan 02, Desa 01/RW RT Pajaten di Dusun Ahmadiyah segala dan masjid Penutupan Situraja. Kec. Sukatali, sendiri. Ahmadiyah Hal pihak dilakukan itu, aktivitasnya Ahmadiyah antara bersama kesepakatan dasar atas itu Kecamatan Pimpinan Musyawarah unsur dengan tersebut, bersama Kesepakatan Situraja. Kec. (Muspika) Front dan muslim sejumlah warga tuntutan menyusul Sumedang. Kab. (FPI) Islam Pembela No. 146 147 148 149 150 151 152 153

222 STAGNASI KEBEBASAN BERAGAMA KAB./KOTA Kab. Cianjur Kab. Kab. Papua Jakarta Kota Barat SampangKab. Cilacap Kab. PROVINSI Jawa Barat Jawa Papua Jakarta DKI Timur Jawa Tengah Jawa WAKTU 22-Jul-13 4-Aug-13 4-Aug-13 6-Aug-13 11-Aug-13 NON NEGARA NON PELANGGARAN Penyegelan Penyegelan Ibadah Tempat NEGARA PELANGGARAN Pembiaran Tempat Perusakan Ibadah Pengeboman Ibadah Tempat Pindah Pemaksaan Keyakinan Pengusiran Ibadah Pelarangan NON PELAKU NEGARA Tokoh Agama Tokoh PELAKU NEGARA Kepolisian TNI Kepolisian Pelakunya kosong Dusun Kepala Kepolisian Bupati Kemenkumham KORBAN Jemaat Jemaat Ahmadiyah Umat Kristiani Buddha Umat Syiah Individu PERISTIWA Penutupan masjid Ahmadiyah di kampung Cilimus, Cilimus, di kampung Ahmadiyah masjid Penutupan oleh Neglasari, Ahmadiyah 2 KM dari komunitas sekitar Campaka, desa dari lokal Sukadana, ulama Yiyi, Ustad tidak Campaka melakukan Dalam aksi ini Polsek Cianjur. bahkan pencegahan tindakan berkilah penutupan bahwa oleh penutupan tindakan memperbaiki untuk ini hanya Bakorpakem. Santa Sakristi ruang Katolik Gereja pintu Perusakan Papua, Kabupaten Pugodide, Pagubutu, Magdalena Maria Nasional Tentara gabungan Aparat oleh Papua Provinsi Polisi. (TNI) dan Indonesia Jeruk, Kebun Graha, Ekayana Vihara Pengeboman Dua meledak bom secara padaJakarta. berturut-turut terdengar ledakan kedua 19.00 WIB sementara pukul melukai Ledakan itu bom 23.00 WIB. pukul sekitar Rice pada luka telinga, menderita Elisa yang tiga orang; Lung Ling dan pada tangan ringan luka menderita pada luka telinga. menderita salah warga seorang terhadap keyakinan Pemaksaan Gayam, Karang Kadus oleh Gayam di Karang Syiah Syiah Pengikut Kepolisian. aparat dan Hasan Mat Gersempal Safiudin rumah ke Kyai dibawa tersebut Sampang sudah ada Bupati itu Di Rumah di Omben. Rudi Sampang Kesbangpol Kepala Hasyib, Fanan kemudian Syiah Pengikut Omben. Setiadi Kapolsek dan dan tokoh di hadapan 9 ikrar dipaksa menandatangani ke kembali dan ulang besyahadat pemerintah untuk maka aparat tidak menandatangani, Jika Sunnah. Ahlus rumah keselamatannya. dan keamanan tidak menjamin ikrar pembaitan melakukan ini menolak Syiah Warga ke polisi dibawa ia kemudian Akibatnya, itu. ulang ke dibawa lalu Alfian, Wakapolres bertemu dan Mapolres dari Sampang. disuruh dan keluar terminal bus Pemasyarakatan Divisi oleh Fitri Idul shalat Pelarangan Jawa HAM dan Hukum Kementrian Wilayah Kantor narkoba gembong Budiman, Freddy terhadap Tengah Cilacap, di LP Nusakambangan, ini ditahan saat yang Freddy ibadah karena Alasan pelaralangan Tengah. Jawa di ruang lingkungan masa pengenalan menjalani masih isolasi. No. 154 155 156 157 158

223 LAPORAN KONDISI KEBEBASAN BERAGAMA/BERKEYAKINAN DI INDONESIA TAHUN 2013 KAB./KOTA Kab. SampangKab. SampangKab. Padang Kota Jakarta Kota Selatan Kab. Sarolangun SitubondoKab. Cianjur Kab. Cimahi Kota PROVINSI Jawa Timur Jawa Timur Jawa Sumatera Barat Jakarta DKI Jambi Timur Jawa Barat Jawa Barat Jawa WAKTU 12-Aug-13 13-Aug-13 14-Aug-13 20-Aug-13 29-Aug-13 28-Aug-13 1-Sep-13 4-Sep-13 NON NEGARA NON PELANGGARAN Diskriminasi Intoleransi Ancaman Kekerasan Penyebaran Kebencian Diskriminasi NEGARA PELANGGARAN Pemaksaan Pindah Pindah Pemaksaan Keyakinan Condoning Diskriminasi Diskriminasi NON PELAKU NEGARA Tokoh Agama Tokoh Warga PMII Pembela Front (FPI) Islam (Gempa) Gerakan masyarakat pembela akidah Lembaga Pendidikan PELAKU NEGARA Anggota DPR Gubernur Bupati KORBAN Syiah Syiah Dunia Usaha Individu Jemaat Ahmadiyah PNS Jemaat Ahmadiyah Pelajar PERISTIWA Pemaksaan keyakinan oleh sejumlah kiai dan pejabat di sejumlah pejabat dan kiai oleh keyakinan Pemaksaan asal Syiah Sampang, sejumlah warga terhadap Sampang, kembali ulang syahadat ikrar meneken untuk Madura Muluk/Syiah Tajul ajaran mengakui dan Sunni ajaran ke sesat. Partai Fraksi VIII dari Komisi Anggota Raihan Iskandar ikrar adanya mendukung (PKS), Sejahtera Keadilan Syiah pengungsi para oleh dilakukan harus yang “tobat” dilindungi. hak-haknya jika mau Barat Sumatera Gubernur oleh penolakan Dukungan Padang, Group) (Lippo pendirian RS Siloam terhadap dan Kristen beragama pemilik Group Lippo karena kristenisasi. misi membawa Jasmine Susan Lurah terhadap sejumlah warga Penolakan tidak dan bergama Lurah perempuan Zulkifli, sebagai Islam. Indonesia Islam Mahasiswa Desakan Pergerakan Agama Kementerian agar Sarolangun (PMII) Cabang Ahmadiyah aliran membubarkan Sarolangun (Kemenag) di Sarolangun. Agung berjamaah dzuhur di Masjid shalat Pewajiban Bupati Wigiarto, Dadang oleh Situbondo Al Abror kali lima PNS, seorang Apabila, Timur. Jawa Situbondo, sanksi. berjamaah, salat dikenai maka akan absen saat tinggal yang Ahmadiyah Jemaat terhadap Pengancaman Jawa Tengah, Cianjur Neglrasi, dan di Cicakra, Ciparai Pengurus Kusmana Aris Menurut FPI. oleh Barat, itu ancaman Cianjur, Ahmadiyah Pemuda Wilayah masyarakat di hadapan diserukan secara terang-terangan LSM dan FPI akbar tablig acara menghadiri yang Gempa. Akidah atau Pembela Gerakan Masyarakat memprovokasi mereka itu, keagamaan Dalam acara jemaat menyerang dan membakar untuk massa Ahmadiyah. SDN 4C kelas siswa Afirdo, terhadap Diskriminasi muslim, seorang bukan I, yang Mandiri Leuwigajah guru oleh Al Quran surat-surat menghafal diminta tetapi di sekolahnya. agama No. 159 160 161 162 163 164 165 166

224 STAGNASI KEBEBASAN BERAGAMA KAB./KOTA Kab. Nganjuk Kab. Tulungagung Medan Kota Jember Kab. Jember Kab. Sukabumi Kab. Jakarta Kota Selatan PROVINSI Jawa Timur Jawa Timur Jawa Sumatera Utara Timur Jawa Timur Jawa Barat Jawa Jakarta DKI WAKTU 4-Sep-13 9-Sep-13 10-Sep-13 11-Sep-13 11-Sep-13 15-Sep-13 21-Sep-13 NON NEGARA NON PELANGGARAN Perusakan Kitab Kitab Perusakan Suci Penutupan Pesantren Penghentian Kegiatan Keagamaan Penyesatan Intoleransi Penyerangan Tempat Perusakan Ibadah Diskriminasi NEGARA PELANGGARAN Diskriminasi NON PELAKU NEGARA Individu MUI MUI Warga Warga Warga PELAKU NEGARA Lembaga Pendidikan KORBAN Umat Islam Pondok Pesantren Aliran Keagamaan Syiah Syiah Jemaat Ahmadiyah Mahasiswa PERISTIWA Perusakan Kitab suci Alquran oleh orang tidak dikenal orang oleh Alquran suci Kitab Perusakan dan kotoran dengan mengotorinya cara dengan Desa Al-Islah, Masjid toilet lubang ke membuangnya Nganjuk, Kabupaten Ngronggot, Kecamatan Mojokendil, Timur. Jawa Ponpes aktivitas semua penghentian dan Penutupan Timur Jawa Agung, di Tulung Alif Pancasila, Lam Mim MUI oleh masyarakat meresahkan dianggap yang Mahfudz. Hadi KH. Muhammad Tulungagung, (MUI) Sumut Indonesia Ulama Majelis oleh Penyesatan IX/ 2013 03/ KF/ MUI/ SU/ Nomor fatwanya melalui Samaniah Tarekat 2013 terhadap tertanggal 10 September 18 Medan. Nomor Karya Bhakti di Jalan berlokasi yang Pes Pon oleh digelar yang pawai atas warga Intoleransi di Desa beraliran Kulon, Syiah, Darus Puger Sholihin Jember. Kabupaten Puger, Kecamatan perusakan Pondok dan dan masjid Penyerangan di Desa Kulon, Darus Puger Sholihin Pesantren warga. oleh Timur, Jawa Jember, Puger, Kecamatan kejadian akibat tewas Santoso Mardi Eko warga, Seorang mengalami sekolah bangunan dan Masjid tersebut. serius. kerusakan yakni Ahmadiyah ES Jemaat dua terhadap Diskriminasi Panjalu Kampung (70) warga Ep ibunya dan (55 tahun) bertindak Warga Sukabumi. Kecamatan Desa Warnasari, Ahmadiyah Jemaat melaporkan dengan diskrimatif ibadah haji. melaksanakan ikut karena tersebut mahasiswi seorang Sumayyah, terhadap Diskriminasi Maju Indonesia Kesehatan Ilmu Sekolah Tinggi di beralamat yang STIKIM kampus Pihak (STIKIM). 014/07, Lenteng 50 RT No Harapan HZ Jl. Gedung mahasiswi mengeluarkan telah Jakarta Jagakarsa, Agung, baru 2013 karena ajaran pada baru masuk tahun yang sebuah sebagai diyakininya yang cadar memakai muslimah. bagi seorang kewajiban No. 167 168 169 170 171 172 173

225 LAPORAN KONDISI KEBEBASAN BERAGAMA/BERKEYAKINAN DI INDONESIA TAHUN 2013 KAB./KOTA Kota Kota Tanggerang Selatan Jakarta Kota Pusat Purworejo Kab. Sragen Kab. Sragen Kab. SumedangKab. PROVINSI Banten Jakarta DKI Tengah Jawa Tengah Jawa Tengah Jawa Barat Jawa WAKTU 22-Sep-13 25-Sep-13 28-Sep-13 4-Oct-13 7-Oct-13 6-Oct-13 NON NEGARA NON PELANGGARAN Intoleransi Akses Penutupan Penyegelan Ibadah Tempat Pembubaran Kegiatan Keagamaan Pengusiran Intoleransi Aliran Pelarangan Keagamaan NEGARA PELANGGARAN Condoning NON PELAKU NEGARA Warga Warga Warga Pembela Front (FPI) Islam PELAKU NEGARA Dalam Menteri Negeri Pemerintah Kabupaten KORBAN Umat Kristiani Umat Kristiani Aliran Keagamaan Tafsir Majelis Alquran (MTA) Aliran Keagamaan Aliran Keagamaan Jemaat Ahmadiyah PERISTIWA Intoleransi oleh ratusan warga yang mendesak agar mendesak agar yang warga ratusan oleh Intoleransi Selatan Tangerang Bernadette di Bintaro, St Paroki Gereja gereja. masuk pintu menggembok Massa segera ditutup. di pintu tembok membangun juga massa Selain itu, itu. sekolah akses menuju menutup dan sekolah Fauzi Gamawan (Mendagri) Dalam Negeri Menteri Widodo Joko Jakarta DKI Gubernur meminta Lenteng Lurah memindahkan untuk mempertimbangkan penolakan mendapat Zulkifli karena Jasmin Susan Agung warganya. Desa Prigelan, warga paksa ratusan oleh Pembubaran Tengah, Jawa Purworejo, Kabupaten Pituruh, Kecamatan yang (MTA) Al Quran Tafsir Majelis pengajian terhadap bertentangan dinilai MTA Ajaran sesat. nilai dianggap atau (Sunni wal Al Jamaah Al Sunnah faham dengan Islam. ummat mayoritas dianut banyak yang Aswaja) ziarah melakukan melarang MTA Dalam dakwahnya, tahlilan. maupun kubur Dukuh warga ratusan oleh Desakan pembongkaran Pasujudan 002/007, Desa terhadap Jetak RT. Bedowo, yang Arum Sragen Bumi Padepokan Luwung, Santri yang ritual aktivitas untuk digunakan biasa disinyalir Islam. dari ajaran melenceng Sragen Pemkab oleh Keagamaan Aliran Pelarangan pertama (SP-1) peringatan surat melayangkan dengan kepada ditujukan 300/970-39/X/2013 yang bernomor Bumi Padepokan Luwung, Santri pemilik Pasujudan untuk memerintahkan yang Miharjo, Arum, Anto Jetak, di Dukuh Bedowo, padepokan membongkar sejak I diterima. hari SP tujuh paling lambat Sidoharjo Ahmadiyah milik Jemaah Al Muslih, masjid Penyegelan Situraja, Kecamatan di Desa Sukatali, (JAI) Indonesia intoleran. kelompok oleh Barat - Jawa Sumedang No. 174 175 176 177 178 179

226 STAGNASI KEBEBASAN BERAGAMA KAB./KOTA Kab. Sragen Kab. Jakarta Kota Timur Sragen Kab. Kota Tangerang Klaten Kab. Padang Kota Sumedang Kab. PROVINSI Jawa Tengah Jawa Jakarta Tengah Jawa Banten Tengah Jawa Sumatera Barat Barat Jawa WAKTU 16-Oct-13 17-Oct-13 18-Oct-13 21-Oct-13 23-Oct-13 25-Oct-13 25-Oct-13 NON NEGARA NON PELANGGARAN Penyegelan Penyegelan Properti Penolakan Tempat Pendirian Ibadah Perusakan Properti Intoleransi Penghentian Kegiatan Keagamaan Diskriminasi NEGARA PELANGGARAN Ibadah Pelarangan NON PELAKU NEGARA Warga Warga Warga Individu FKUB MMI (Jama’ah JAT Ansharut Tauhid) Calon Walikota Wakil dan Walikota Padang periode 2014- 2019 Pembela Front (FPI) Islam PELAKU NEGARA Camat Kepolisian TNI KORBAN Aliran Aliran Keagamaan Umat Kristiani Aliran Keagamaan Umat Kristiani Umat Kristiani Dunia Usaha Jemaat Ahmadiyah PERISTIWA Penyegelan Pasujudan Santri Luwung, Desa Dukuh Luwung, Santri Pasujudan Penyegelan Jawa Sragen, Sidoharjo, Desa Kecamatan Jetak, Bedowo, sesat ilmu aliran mengajarkan dianggap karena Tengah warga. meresahkan yang 13, Rt jalan Pelita pendirian Pelita Gereja Penolakan melalui Timur, Jakarta Cipayung, Buaya, 001/02 Lubang warga mengatasnamakan bertuliskan yang spanduk yang tiga spanduk sekitar Ada Buaya. Lubang Cipayung, jalan menuju sekitar di samping dan di depan dipasang gereja. Bumi Padepokan Luwung, Santri Pasujudan Perusakan warga. oleh Sidoharjo Jetak, Arum di Dukuh Bedowo, dinilai karena pihak dipersoalkan banyak itu Lokasi syirik. di Graha gereja pembangunan rencana Penolakan penolakan cara Salah satu Regency Tangerang. bertuliskan, yang spanduk memasang dengan dilakukan dan Gereja Pembangunan Mati Harga Keras “Menolak Pinang”. Sudimara di wilayah Peribadatannya ibadah keagamaan dan kegiatan Desakan penghentian Yoso, Kliwon Camat Plt oleh yang Bethany, Jemaat dari Koramil, Sarjiyo AKP Kamiran, Pedan Kapolsek dari MMI dan Azwar Bony Ustadz S dari FKUB, Harno PMB Dua Menteri melanggar dianggap JAT, dari Musidi Ibadah. Tempat Penggunaan atau Pendirian tentang Padang Walikota Wakil dan Calon Walikota Penolakan RS Siloam pembangunan periode 2014-2019 terhadap misi membawa dianggap karena Padang, Lippo) (Group kristenisasi di Desa Ahmadiyah Al Muslih Masjid Penyegelan Barat - Jawa Sumedang Situraja, Kecamatan Sukatali, ini merupakan Penyegelan islam. ormas dari massa oleh dianggap setempat Ahmadiyah Jemaat karena kali kedua, di kegiatan melakukan tidak larangan mengindahkan tersebut. masjid No. 180 181 182 183 184 185 186

227 LAPORAN KONDISI KEBEBASAN BERAGAMA/BERKEYAKINAN DI INDONESIA TAHUN 2013 KAB./KOTA Kab. Sukabumi Kab. Sidoarjo Kab. Jakarta Kota Selatan Sleman Kab. Jakarta Kota Selatan LombokKab. Barat Sragen Kab. Bandung Kota PROVINSI Jawa Barat Jawa Timur Jawa Jakarta DKI Yogyakarta Jakarta DKI Nusa Tenggara Barat Tengah Jawa Barat Jawa WAKTU 25-Oct-13 26-Oct-13 26-Oct-13 27-Oct-13 27-Oct-13 30-Oct-13 10-Nov-13 14-Nov-13 NON NEGARA NON PELANGGARAN Pembubaran Kegiatan Keagamaan Pengusiran Penganiayaan Intoleransi Pembubaran Diskusi Keberagaman Penganiayaan Diskriminasi Perusakan Properti NEGARA PELANGGARAN Penangkapan atas atas Penangkapan Penodaan Tuduhan Agama Penodaan Dakwaan Agama Pelarangan Aktifitas Keagamaan NON PELAKU NEGARA Warga Laskar Mujahidin Indonesia Warga Pembela Front (FPI) Islam Warga PELAKU NEGARA Kepolisian Pengadilan Kepolisian KORBAN Mahasiswa Aliran Keagamaan Tafsir Majelis Alquran (MTA) Syiah Pegiat Keberagaman Individu Individu Aliran Keagamaan Syiah PERISTIWA Penangkapan oleh polisi terhadap empat mahasiswa saat saat mahasiswa empat terhadap polisi oleh Penangkapan pasal dengan dijerat mahasiswa Keempat aksi. melakukan dengan Al Quran membawa karena agama penistaan kiri. tangan jamaah paksa, pemukulan pengusiran, Pembubaran Raya Lingkar di Jalan (MTA) Al-Quran Tafsir Majlis Panji Desa Siwalan warga ratusan 2-3 oleh Km Timur sesat ini dianggap Aliran Sidoarjo. Buduran, Kecamatan warga. oleh perayaan peringatan pembubaran menuntut Intoleransi yang massa oleh Ghadir yakni Syiah Idul raya hari dilakukan Indonesia dalam Mujahidin Laskar tergabung Acara Selatan. Jakarta Smesco, Gedung di depan ilegal. dinyatakan Ghadir Idul Syiah perayaan digelar yang diskusi paksa diskusi acara Pembubaran Shanti ‘PGK Karyawan dan Guru Padepokan di Aula Yogyakarta, Sleman, Sidoagung, di Bendungan, Dharma’ peserta 3 orang diskusi,” menganiaya juga “Massa Lurah penepatan penolakan dalam bentuk Diskriminasi tak dianggap karena Tiaramudi, Grace Timur, Pejaten dipimpinnya yang di kelurahan warga merepresentasikan Sekretaris oleh ditolak Grace Islam. mayoritas yang Novel Jakarta, FPI Daerah (DPD) Dewan Pimpinan Ba’mumi. Agus NTB mendakwa Mataram, Negeri Pengadilan kitab menduduki yang (25), buruh bangunan Purnomo Barat. di Lombok Ihzan Nurul di Masjid Al Quran suci di Luwung Santri Pasujudan pagar Bangunan Perusakan Sragen Sidoharjo, Desa Kecamatan Jetak Bedowo, Dusun sejumlah tidak Selain pagar lampu dikenal. orang oleh hilang juga padepokan di sejumlah terpasang sudut yang dan hancur. yang Syiah penganut terhadap Polisi Pelarangan dengan Asyura Hari Peringatan acara menggelar Jamaah Ikatan diajukan izin yang tidak mengeluarkan Istana, di Gedung Jabar (IJABI) Indonesia Ahlul Bait Bandung. Kota Kawaluyaan, No. 187 188 189 190 191 192 193 194

228 STAGNASI KEBEBASAN BERAGAMA KAB./KOTA Kota Jakarta Jakarta Kota Utara Makasar Kota LombokKab. Barat Sragen Kab. Cilegon Kota Kab. Sorolangun PROVINSI DKI Jakarta DKI Sulawesi Selatan NTB Tengah Jawa Barat Jawa Jambi WAKTU 14-Nov-13 14-Nov-13 15-Nov-13 23-Nov-13 24-Nov-13 26-Nov-13 NON NEGARA NON PELANGGARAN Pembubaran Pembubaran Kegiatan Keagamaan Penyerangan Penganiayaan Pembakaran Properti Penyerangan Perusakan Properti Pembakaran Diskriminasi Intoleransi NEGARA PELANGGARAN Pembiaran Pengusiran Intimidasi NON PELAKU NEGARA Aliansi Aliansi untuk Sunnah kehormatan dan Keluarga Nabi Sahabat Ormas Warga Warga Nahdlatul (NU) Ulama Warga PELAKU NEGARA Kepolisian Pemerintah Kabupaten Desa Aparat Camat KORBAN Syiah Syiah Aliran Keagamaan Aliran Keagamaan Warga Jemaat Ahmadiyah PERISTIWA Pembubabaran paksa acara peringatan Asyura yang yang Asyura paksa peringatan acara Pembubabaran Ahlul Bait Komunikasi Lembaga oleh diselenggarakan di Balai Samudera ke masuk pembubaran Pelaku Jakarta. Jakarta Gading, 1, Kelapa Nomor Barat Boulevard Jalan Utara. di peserta Asyura terhadap perayaan Penyerangan Kemerdekaan Perintis Darussalam Jalan SMK Kampus seratusan oleh Makassar Biringkanaya, KM 19, Kec. acara saat datang yang beberapa ormas anggota peserta ada. Akibat mengejar dan yang sudah bubar luka- tiga orang terjadi sebanyak yang penyerangan serius pendarahan mengalami Dualuka. di antaranya di panah anak terkena siswa orang satu di kepala, dan Hasyim masing-masing korban Ketiga kirinya. tangan Jalan (28), warga Anto Gowa, asal Kab (33) warga Darussalam yang SMK (15) siswi Mirna dan Rappocini, tangannya. pada panah telapak anak terkena khas Berugak dari kayu (sebuah bangunan Pembakaran penyebaran tempat dijadikan diduga Sasak), karena suku Muhid. Abdul dan Mahsun oleh dibawa yang sesat aliran setempat. warga oleh dilakukan Pembakaran terhadap pengrusakan pembakaran dan Penyerangan, yang Luwung Santri (Ponpes) Pesantren sebuah pondok 02, Desa Kecamatan Jetak, RT Bedowo, terletak di Dusun oleh dilakukan yang Tengah Jawa Sragen, Sidoharjo, pembakaran, dan Aksi penyerangan massa. ratusan terjadi yang aksi kekerasan rangkaian merupakan meyebarkan ini dianggap pesantren karena sebelumnya, sesat. ajaran Nahdlatul guru kyai ulama, dan puluhan oleh Intoleransi penolakan dalam bentuk Cilegon (NU) Kota Ulama hiburan tempat dan muslim ibadah non tempat terhadap Penolakan Koreanisasi. isu dasar atas ada di Cilegon yang Al Muhajirin di Masjid pertemuan usai disampaikan Cilegon, Kecamatan Ciwaduk, H, Kelurahan Blok Kavling Banten. Cilegon, Kota dari Ahmadiyah pengikut keluarga dua Pengusiran Pelawan, Kecamatan Putih, di Desarumahnya Batu dan Lurah Pemkot, oleh Jambi Sorolangun, Kabupaten dari perangkat tekanan mendapat Setelah mereka Camat. Ahmadiyah. anti yang Warga dan desa, kecamatan, Bengkulu. ke diusir tersebut keluarga Kedua No. 195 196 197 198 199 200

229 LAPORAN KONDISI KEBEBASAN BERAGAMA/BERKEYAKINAN DI INDONESIA TAHUN 2013 KAB./KOTA Kab. Pangkep Kab. Binjai Kota Cimahi Kota Pangkep Kab. Kota Tangerang Selatan Jakarta Kota Selatan PROVINSI Sulawesi Sulawesi Selatan Sumatera Utara Barat Jawa Sulawesi Selatan Banten Jakarta WAKTU 28-Nov-13 1-Dec-13 1-Dec-13 2-Dec-13 2-Dec-13 4-Dec-13 NON NEGARA NON PELANGGARAN Pembubaran Kegiatan Keagamaan Pelarangan Ibadah Pengepungan Pelarangan Ibadah Intoleransi NEGARA PELANGGARAN Ancaman Penutupan Pembongkaran Ibadah Tempat Diskriminasi Diskriminasi NON PELAKU NEGARA Pembela Front (FPI) Islam Warga Ormas Islam PELAKU NEGARA Pemerintah Pemerintah Kabupaten Pemerintah Kabupaten Kepolisian Kepolisian KORBAN Umat Kristiani Umat Kristiani Umat Kristiani Umat Kristiani Polwan Polwan PERISTIWA Ancaman penutupan oleh Pemda Pangkep terhadap terhadap Pangkep Pemda oleh penutupan Ancaman di Selatan) Sulawesi Kristen GKSS (Gereja Jemaat 75 Km terletak sekitar yang Pangkep, Kabupaten tertanggal 28 surat Melalui dari Makassar-Parepare. 33/WASBANG-PUTR/ 2013 bernomor November H. Sunandar, Ir. oleh ditandatangani XI/2013 yang sendiri” “pembongkaran dan penyegelan memerintahkan mereka. gereja gedung di kebaktian paksa melaksanakan saat Pembubaran oleh Utara, Sumatera Binjai Tandem HKBP gereja (FPI), Islam Pembela serta Front warga ormas ratusan Pemerintah keputusan adanya belum dikarenakan melakukan tersebut gereja jemaat terhadap Binjai Kota apapun. kegiatan Pharmindo Almasih (GIA) Isa Gereja Pengepungan Pharmindo, 97 Kompleks O No. VI, Blok Kalasan Jl. kebaktian, melakukan hendak gereja saat Cimahi Selatan, dari ormas- gabungan merupakan yang 150 orang oleh juga Mereka Ta’lim. Majelis Forum dan Islam ormas dan dihentikan gereja kegiatan semua menuntutagar ditutup. gereja Sinode Klasis Mappatuwo pembongkaran Perintah di Jl. beralamat yang Selatan Sulawesi Kristen Gereja Kecamatan Tumampua, 3 Kelurahan No. Mauraga Andi Pekerjaan Dinas oleh Pangkep Kabupaten Pangkajene, bernomor surat melalui Pangkep Ruang Tata Dan Umum 2 Desember tanggal 2013. 34/WASBANG-PUTR/XI/2013 Polwan di kalangan jilbab penggunaan Penundaan oleh pernyataan dan Telegram mengeluarkan dengan Oegroseno. Komjen Kapolri Wakil melalui Polri Mabes atau di reserse silakan jilbab tugas gunakan ingin “Kalau seragam Kalau preman. pakaian penyamaran Tugas intel. ada ketentuannya.” belum Kepala Wakil oleh Polwan terhadap Diskriminasi Komisaris Indonesia, Republik Negara Kepolisian ada apabila mengatakan dengan Oegroseno, Jenderal diri segera ingin menahan sudah tidak kuat yang Polwan Aceh. Polda ke tugas pindah mengajukan bisa berhijab, No. 201 202 203 204 205 206

230 STAGNASI KEBEBASAN BERAGAMA KAB./KOTA Kab. Sarolangun Pangkep Kab. Rokan Kab. Hulu Jakarta Kota Barat Medan Kota Depok Kota PROVINSI Jambi Sulawesi Selatan Riau Jakarta Sumatera Utara Barat Jawa WAKTU 4-Dec-13 5-Dec-13 6-Dec-13 11-Dec-13 12-Dec-13 13-Dec-13 NON NEGARA NON PELANGGARAN Perusakan Perusakan Properti Penyegelan Ibadah Tempat Ancaman Kekerasan atas Pelaporan Sesat Tuduhan intoleransi NEGARA PELANGGARAN Pembongkaran Ibadah Tempat Pemutusan Kerja Hubungan Diskriminasi Tempat Penyegelan Ibadah Ibadah Pelarangan NON PELAKU NEGARA Warga Warga Warga FUI Warga PELAKU NEGARA Pemerintah Kabupaten Pemerintah Kabupaten PP Satpol KORBAN Jemaat Jemaat Ahmadiyah Umat Kristiani Pegawai Pemda Buddha Umat aliran keagamaan Tarekat Samaniah Jemaat Ahmadiyah PERISTIWA Pembubaran dan penurunan papan nama masjid Jemaat Jemaat masjid nama papan penurunan dan Pembubaran Pelawan Kecamatan Putih, di DesaAhmadiyah Batu Ratusan oleh Jambi Sarolangun, Kabupaten Singkut, Singkut, Pelawan Kecamatan Putih, Desa Batu warga menjadi dianggap karena Jambi, Sarolangun, Kabupaten jemaah di Kabupaten Ahmadiyah kegiatan pusat Sarolangun. pembongkaran dan atap penurunan Pembongkaran dari PU terhadap petugas oleh seng pemakuan gording, dari 75 Km terletak sekitar yang GKSS Pangkep gereja Makassar-Parepare. Hulu Rokan Pemkab oleh honorer 19 tenaga Pemecatan tidak ini ketahuan kontrak tenaga karena Riau (Rohul) Rohul Bupati berjamaah. Saat Subuh shalat mengikuti Pangaraian, Pasir Center, Islamic sidak di Masjid Achmad 2013. 8 November Inhu, Pemkab Perkantoran Kompleks dan teguran surat dengan ini tidak didahului Pemecatan bahwa disebutkan itu pemecatan Dalam surat peringatan. mengharuskan yang Perbup melanggar tersebut pegawai berjamaah honorer. salat bagi tenaga seluruh dan PNS di Jalan Ekayana peledakan di Vihara bom Ancaman Barat Jakarta Jeruk, 08, Kebon 08 RW II/8 RT Mangga 4 pada Minggu tak Sebelumnya, dikenal. orang oleh ini pernah beribadah Budha umat 2013, tempat Agustus ledak rendah. berdaya bom diteror Tarekat terhadap Polisi Ke FUI Sumut Pelaporan Nomor Karya Bhakti di Jalan berlokasi yang Samaniah sesat. ajaran menyebarkan telah dianggap yang 18 Medan Samaniah Tarekhat kesesatan tersebut, laporan Menurut (MUI) Sumut Indonesia Ulama Majelis ditegaskan telah IX/ 2013 03/ KF/ MUI/ SU/ Nomor fatwanya melalui 2013. tertanggal 10 September berada di Jalan yang Ahmadiyah Masjid Penyegelan Baru, Kecamatan Sawangan Kelurahan Raya Muchtar, kayu papan menggunakan Depok dengan Sawangan, Depok No Walikota Peraturan bertuliskan stiker dan Jemaah Kegiatan Larangan 2011 tentang 09 Tahun oleh dilakukan Penyegelan Indonesia. Ahmadiyah Depok. Kota PP Satpol petugas No. 207 208 209 210 211 212

231 LAPORAN KONDISI KEBEBASAN BERAGAMA/BERKEYAKINAN DI INDONESIA TAHUN 2013 KAB./KOTA Kota Aceh Kota Jepara Kab. Kota Yogyakarta Semarang Kota Kota Yogyakarta PROVINSI Aceh Tengah Jawa Yogyakarta Tengah Jawa Yogyakarta WAKTU 14-Dec-13 16-Dec-13 16-Dec-13 18-Dec-13 19-Dec-13 NON NEGARA NON PELANGGARAN Intoleransi Intoleransi Intoleransi NEGARA PELANGGARAN Condoning Ibadah Pelarangan Tempat Penyegelan Ibadah NON PELAKU NEGARA Warga (Jama’ah JAT Ansharut Tauhid) Jihad Front (FJI) Islam PELAKU NEGARA MPU Pemerintah Kabupaten KORBAN Warga Umat Kristiani Syiah Umat Kristiani Syiah PERISTIWA Larangan bagi umat muslim di Aceh untuk mengucapkan mengucapkan untuk di Aceh muslim bagi umat Larangan Permusyawaratan Majelis Ketua oleh Natal hari selamat Syeikh. Karim Abdul Aceh, (MPU) Banda Ulama Injili Gereja penutupan dan kegiatan Penghentian (GITJ) di Desa Dermolo Kecamatan Jawa di Tanah 452.4/7431 tertanggal bernomor surat melalui Kembang, Sekretaris ditandatangani yang 16 Desember 2013. Surat Sholih. Jepara, Daerah Kabupaten sejumlah baliho melalui besar kebencian Penyebaran terpasang Baliho itu Islam”. Bukan “Syiah tulisan dengan di sejumlah titik, seperti lamanya beberapa bulan Daerah Wirosaban, Umum Sakit Rumah perempatan Masjid perempatan Ngabean, parkir pinggiran Madukismo. Gula Pabrik dekat Baiturrohman dan pemasangan melalui kebencian Penyebaran “UMAT bertuliskan yang spanduk mempublikasian NATAL”, SELAMAT MENGUCAPKAN HARAM ISLAM Tauhid). Anshartut Jama’ah oleh dipasang yang (FJI) Islam Jihad Front Desakan belasan anggota Indonesia Ulama Majelis kantor mendatangi dengan MUI DIY agar Yogyakarta (MUI) Daerah Istimewa Syiah. bagi kelompok sesat fatwa mengeluarkan Rustiawan Ganis FJI, Muhamad Umum Ketua Wakil FJI berisi desakan resmi organisasi surat mengatakan sesat aliran fatwa menerbitkan segera MUI DIY agar itu juga Mereka di DIY. Syiah organisasi semua terhadap semua penutupan menyerukan MUI DIY meminta merupakan itu Surat di DIY. Syiah kelompok kegiatan MUI DIY. ke dikirim Front oleh yang kedua permintaan 2013. pertama, bertanggal 26 November Surat No. 213 214 215 216 217

232 STAGNASI KEBEBASAN BERAGAMA KAB./KOTA Kab. Tangerang Kab. Bekasi Kota Magetan Kab. Medan Kota SumedangKab. 124 PROVINSI Banten Barat Jawa Timur Jawa Sumatera Utara Barat Jawa 222 WAKTU 20-Dec-13 22-Dec-13 23-Dec-13 25-Dec-13 31-Dec-13 222 NON NEGARA NON PELANGGARAN Intimidasi Intoleransi Pelarangan Ibadah Pengusiran Penyesatan Penyesatan Intoleransi Pengerebekan Penyerangan 175 NEGARA PELANGGARAN Pembiaran atas Penangkapan Penodaan Tuduhan Agama Pengusiran 117 NON PELAKU NEGARA Warga Agama Tokoh Warga Agama Tokoh MUI Ormas Islam 159 PELAKU NEGARA Camat Kepolisian Desa Aparat 142 KORBAN Umat Kristiani Individu Aliran Keagamaan Tafsir Majelis Alquran (MTA) Aliran Keagamaan Tarekat Samaniyah Umat Kristiani 222 PERISTIWA Pelarangan kegiatan ibadah Jemaat Rumah Ibadah Rumah ibadah Jemaat kegiatan Pelarangan Banten Tangerang, Kabupaten Haji, di Paku Pantekosta ibadah di Perumahaan di tempat natal merayakan untuk Pantekosta, Pendeta warga. sekelompok oleh Indah, Citus pendirian tak mengizinkan mereka mengatakan, Willy dan Camat itu, penolakan rumah ibadah Atas di sana. kegiatan agar menyarakan sejumlah agama pemuka terletak yang pelayaran sekolah aula ke ibadah dipindah tidak dari perumahan tersebut. jauh berinisial Satuan wanita P (23) oleh seorang Penangkapan menyebarkan diduga Bekasi karena Polresta Intelkam dianggap P, Sebab, warga. seorang kepada sesat aliran nabi seorang sebagai Muhammad Nabi tak mengakui Islam. agama terakhir dalam ajaran agar (MTA) Alquran Tafsir jemaah Majelis Pengusiran Warga oleh di kampungnya kegiatan tidak melakukan Magetan, Kabupaten Barat, Kecamatan Desa Banjarejo, ajaran dari menyimpang MTA menilai warga karena pada umumnya. Islam (MUI) Pusat Indonesia Ulama Majelis oleh Penyesatan dipimpin yang Samaniah Tarekat pengajian terhadap Kecamatan jalan Karya Medan AA, di kawasan Ustadz Sekretaris Wakil Menurut Medan. Kota Johor Medan MUI 3 fatwa “Ada Zulkarnaen, KH. Tengku MUI Pusat, Tarekat dilakukan yang ajaran bahwa menegaskan yang ciptaan bukan AS Adam nabi bahwa ini mengajarkan Malaikat,” oleh Allah diciptakan SWT melainkan (GPDI) di Indonesia Pentakosta Gereja Pengerebekan 01/08 219 Desa Mekargalih No Rancaekek di Jalan dan Sumedang Kabupaten Jatinangor Kecamatan ibadah seperti pendukung sejumlah alat penyitaan massa oleh lainnya elektronik alat dan musik alat kursi massa oleh dilakukan tetap Penyerangan intoleran. tidak untuk sudah mentaati padahal jema’at intoleran gereja izin pembangunan sampai kegiatan mengadakan diterbitkan. 222 No. 218 219 220 221 222 Jumlah 233 THE REPORT OF CONDITION ON FREEDOM OF RELIGION/BELIEF OF INDONESIA IN 2013

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Profile Setara Institute for Democracy and Peace TOWARD AN EQUAL SOCIETY

SETARA Institute is an organization that founded by some individuals which dedicated to the ideal that everyone should be treated equal while respecting diversity, giving priority to solidarity and upholding human dignity. It was founded by people who would like to eliminate discrimination and intolerance on the basis of religion, ethnicity, tribe, skin color, gender, and other social statuses, and promote solidarity with the weak and victims. SETARA Institute believes that a democratic society would allow progress and mutual understanding, uphold honor, and recognize diversity. However, discrimination and intolerance still exist and even lead to violence. Therefore, some measures that strengthen respect for diversity and human rights through broader participation should be undertaken to advance democracy and peace. SETARA Institute is promoting the creation of conditions that would lead to an open political system based on respect for diversity, defense of human rights, and elimination of intolerance and xenophobic attitude. Since its establishment, at least for 5 years operation, Setara Institute has been produced 20 reports (in research report form, policy paper) and assesses many appreciations.1 The presence of Setara Institute has

1 Report on Freedom of Religious and Belief referred by Foreign Department,

235 THE REPORT OF CONDITION ON FREEDOM OF RELIGION/BELIEF OF INDONESIA IN 2013 another influence in promoting pluralism which differs from another institution that did the same issues with theological approach, while SETARA Institute do it with secular based.

Objectives Setara Institute’s goals: • To promote pluralism, humanitarianism, democracy and human rights • To study and advocate pluralism, human-centered public policy, democracy and human rights • To launch a dialogue on conflict resolution • To undertake public education activities.

Program and Activities 1. Human rights monitoring, particularly with regard to freedom of religion/ belief and Human rights performance index 2013 2. Policy review on President Instruction No. 2 year 2013 about handling the internal security disorder 3. Strengthening Advocacy for Religious Freedom 4. Policy advocacy on Religious Life Harmony Legal Draft, National Security Legal Draft, Mass Organization Legal

USA in arranging Report on International Religious Freedom – Indonesia, 2009, 2011, 2012. It also referred by Australia Government -Country Advice Indonesia, 8/9/2010, and also quoted by any national and international mass media, such as Kompas, 13/8/2012, h. 38, some links that can be referred: http://www.thejakartapost.com/news/2012/06/07/editorial-intolerant- indonesia.html,http://www.amnesty.org/en/news-and-updates/ indonesia-must-commit-freedom-religion-2011-02-23,http://www. thejakartapost.com/news/2011/12/20/w-java-least-tolerant-province. html,http://sydney.edu.au/law/slr/slr_34/slr34_3/SLRv34no3Crouch.pdf, http://www.setara-institute.org/content/violations-religious-freedom- indonesia-rise-2010,http://www.theaustralian.com.au/news/world/ yudhoyono-turns-a-blind-eye/story-e6frg6so-1226462700926, http:// www.perpustakaan.depkeu.go.id/FOLDEREBOOK/BUKU_DINAMIKA_ opt.pdf, http://www.smh.com.au/world/a-battle-to-worship-in-peace- 20110309-1bntz.html,http://www.smh.com.au/world/indonesian-mobs- step-up-sectarian-violence-20110208-1alnd.html

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Draft, etc. 5. Case Tracking System (CTS); database online system on violence of Religious Freedom and Belief 6. Sort Messages Service (SMS) gateway on violence of Freedom of religious and Belief 7. Research: MP3EI/ master plan on Indonesian economy acceleration and development, and also human rights fulfillment. 8. Research: a decade on terrorism eradication accountability performance. 9. Research: Understanding Minority Rights in Indonesia 10. Research: National educational system and the issues on violence of Freedom of Religious and Belief 11. Research: the urban dynamic and the tension of social religious life. 12. Research: citizen constitutional rights fulfillment index: a decade of constitutional court and Indonesian Republic Constitutional amendment. 13. Research: Internet, freedom of expression and radicalism 14. Conference: national consultation for victims of Freedom of Religious and Belief

Special Concern a. Freedom of religious and Belief: as one of the human rights insurance and as constitutional democracy indicator, the insurance of freedom of religious and belief has been studying and will keep going in order to promote the civil freedom in Indonesia. The pluralistic nation construction in Indonesia demands the strengthening of freedom of religious and belief insurance to make sure that the Indonesian nationality would not be lacerated. b. Law and human rights: beside mainstreaming conducive legislation for human rights, Setara Institute has been monitoring and reporting regularly about the Indonesian’s human rights condition. Three years in a row, Setara Institute published the Human Right Performance Index. c. Minority rights: protections of minority rights are intersection issue from the issues that became the framework

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of Setara Institute. Beside the guarantee from international human rights, Indonesian Constitution also assures the protection among the rights of minority groups. The operation of insurance, instrument, and strengthening mechanism of Indonesian state law still unavailable. d. Business and human rights: the idea of business and human rights research sector is aimed to make sure the adoption and integration of the human rights principles in business. This program especially contributed for human rights integration in implementing the policy of MP3EI/ master plan on Indonesian economy acceleration and development 2011- 2025. e. Constitutional democracy: after the amendment of UUD Negara RI 1945, constitutional democracy became the principle for organizing the state in Indonesia. But a decade after the amendment, the practice of constitutional democracy still could not protect the citizen and give the welfare and justice. This research area would develop the evolutional work with some indicator based on constitutional democracy principles to institutionalizing democracy in constitutional life consistently.

Publications 1. Human Rights Performance Index – 2010-2012 2. Human Rights Enforcement Performance Index – 2009-2010 3. Report on Political Parties 2008 4. Religion and Report on Freedom of Religion and Belief in 2011- Political Discrimination by the SBY Regime (2012) 5. Report on Freedom of Religion and Belief in 2010 - Denial by the State (2011) 6. Report on Freedom of Religion and Belief in 2007-2009 - State Should Take Action (2010) 7. Report on Freedom of Religion and Belief in 2008 - Siding and Acting Intolerantly (2009) 8. Report on Freedom of Belief in 2007 – Submissive to Mass Judgment (2008) 9. From Radicalism Towards Terrorism (2012) 10. It’s Not About Atheism, It’s Freedom of Opinion! (2012)

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11. Policy document on erasing the discrimination of religious and belief (2012) 12. Ahmadiyah dan Keindonesiaan Kita (2011) 13. Religion Radicalism in Jabodetabek and West Java (2011) 14. The Faces of Islam ‘Defenders’ (2011) 15. Recognizing Locus of Discrimination in Joint Ministerial Regulation (2010) 16. Policy Paper: Remedy for Victims of Freedom of Religion/ Belief Violations (2013) 17. Constitutional Court as a National Mechanism of Human Rights Enforcement in Indonesia (2013) 18. Report on Freedom of Religion and Belief in 2013 - Stagnation on Freedom of Religion and Belief (2014)

Other Information In 2013, SETARA Institute has projected at least 10 activities to produce knowledge: 1. Report of Religious Freedom and Belief, 2013 2. Human Rights Work Index, 2013 3. Policy Paper on fulfilment of victims rights in religious freedom and belief 4. Online Case Tracking System (CTS) on religious freedom and belief violence. 5. Report of MP3EI/ master plan on Indonesian Economy Acceleration and Development 6. Report of a decade of terrorism eradication accountability work 7. Report of Understanding Minority Rights in Indonesia 8. Report of National Education System and Religious Freedom and Belief Issue 9. Report of Urban Dinamization and Social Religious Tension. 10. Index on Citizen Constitutional Rights Fulfillment: a decade of Constitutional Court and Indonesian Republic Constitutional Amendment.

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ORGANIZATION

Founders 1. Abdurrahman Wahid 15. Luhut MP Pangaribuan 2. Ade Rostiana S. 16. M. Chatib Basri 3. Azyumardi Azra 17. Muchlis T 4. Bambang Widodo Umar 18. Pramono Anung W 5. Bara Hasibuan 19. Rachland Nashidik 6. Benny K. Harman 20. Rafendi Djamin 7. Benny Soesetyo 21. Dwiyanto Prihartono 8. Bonar Tigor Naipospos 22. Robertus Robet 9. Budi Yuhanto 23. Rocky Gerung 10. D. Taufan 24. Saurip Kadi 11. Despen Ompusunggu 25. Suryadi Radjab 12. Hendardi 26. Syarif Bastaman 13. Ismail Hasani 27. Theodorus W. Koekeritz 14. Kamala Chandrakirana 28. Zumrotin KS

ORGANIZATIONAL MANAGEMENT National Board Chief : Azyumardi Azra Secretary : Benny Soesetyo Members : Kamala Chandrakirana M. Chatib Basri Rafendi Djamin

Executive Board Chief : Hendardi Deputy : Bonar Tigor Naipospos Secretary : Dwiyanto Prihartono Deputy Secretary : D. Taufan Treasure : Despen Ompusunggu Senior Researcher : Ismail Hasani Program Manager : Hilal Safary Internal Manager : Diah Hastuti

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Address Setara Institute for Democracy and Peace Jl. Danau Gelinggang No. 62 Blok C-III Bendungan Hilir, Indonesia 10210 ph (6221) 70255123 fax (6221) 5731462 e-mail: [email protected] www.setara-institute.org www.facebook.com/Setara.Institute https://twitter.com/SuaraSETARA

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