STAGNATION ON FREEDOM OF RELIGION The Report of Condition on Freedom of Religion/Belief of Indonesia 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 (Surabaya) Nasrum (Makassar) Yahya Mahmud (MalukuUtara) Rio Rahadian Tuasikal (Jawa Barat) Kahar Muamalsyah (Jawa Tengah) Yosep Dian S (Yogyakarta) Destika Gilang Lestari(Aceh) Mohamad (Kalimantan Barat) Devida (Cirebon) Abdul Khoir (Jakarta) 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 Susilo Bambang Yudhoyono. 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 Management Board 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 Wonosobo, 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 1 THE REPORT OF CONDITION ON FREEDOM OF RELIGION/BELIEF OF INDONESIA IN 2013 – 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-