INJUSTICE IN BELIEF; Monitoring the Results of Cases on Blasphemy of Religion and Religious Hate Speech in Indonesia INJUSTICE IN BELIEF Monitoring the Results of Cases on Blasphemy of Religion and Religious Hate Speech in Indonesia Composed by: Uli Parulian Sihombing Pultoni Siti Aminah Muhammad Khoirul Roziqin Publisher The Indonesian Legal Resource Center (ILRC) Jl. Tebet Timur I no. 4, South Jakarta Phone: 021-93821173, Fax: 021-8356641 Email: [email protected], Website: www.mitrahukum.org 21 cm x 14,5 cm; viii + 102 pages, Jakarta ILRC 2012 ISBN : 978-602-98382-8-2 Designed, Layouted and printed by Delapan Cahaya Indonesia Printing - Canting Press Foreword FOREWORD The Indonesian Legal Resource Center (ILRC) compiled a report on the monitoring of the cases of blasphemy of religion and religious hate speech that led to violence, discrimination and hostility. This report was the result of monitoring from various sources such as the monitors in the region, the monitoring of news coverage in the media, and field visits. The purpose of this report is to discover the extent of human rights violations that occurred in these cases, particularly the infringement of freedom of religion and expression. In addition, we tried to identify the particular regulations that impeded everyone in their right to exercise their freedom of religion and expression. The unjust punishment of blasphemy, desecration and religious hate speech contemporary global problems. They occurs in almost all countries in the world. At the beginning of 2012, United Nations (UN) passed resolution No. 67/167 on thea war against intolerance, negative stereotypes, stigmatization, discrimination, incitement that causes violence and violence against people on the grounds of religion/belief. In that resolution, all countries denounced the practices of intolerance on grounds of religion including religious hate speech that leads to violence. The resolution calls for all countries to criminalize perpetrators of religious hate speech that leads to violence on the grounds of religion. Thus, at the international level, the focus has been shifted from blasphemy of religion to religious hate speech that leads to violence on the basis of religion. So it's a bit odd and irrelevant, when President Susilo Bambang Yudhoyono proposed a resolution to the problem of blasphemy of religion at the UN General Assembly Session in last September. It looked like President Susilo Bambang Yudhoyono had not keep track of the developments regarding religious intolerance. iii INJUSTICE IN BELIEF; Monitoring the Results of Cases on Blasphemy of Religion and Religious Hate Speech in Indonesia The message of the UN resolution is very clear all countries are required not only to denounce the practices of hate speech that lead to violence on the basis of religion, but also to criminalize the perpetrators of the religious hate speech. It was even urged that countries make effective policy/actions to counter all forms of religious intolerance, including religious hate speech. From the above, the rules concerning matters related to blasphemy of religion are not needed, and countries should focus on creating rules to fight acts of religious intolerance, including religious hate speech. Indonesia and countries that are incorporated in the Organization of Islamic Cooperation (OIC) are the main sponsors of this resolution. Indonesia should follow contemporary international developments to combat religious intolerance through policies that are more rational, and do not violate the human rights of every person/group. This report would like to describe that the responses to the blasphemy of religion have so far resulted in violations of human rights, in particular the right to freedom of religion and freedom of speech and expression. Presently, responses to the blasphemy/ desecration of religion are far more severe than, responses to religious hate speech in terms of law enforcement. We are aware that the results of this monitoring are still far from perfect. For Because of that, we consider this monitoring report a living open document to be improved and updated by all the stakeholders, especially the communities of victims. We thank all the contributors who helped prepare this monitoring report, and also thank Freedom House, which has supported its publication. We hope, the results of thisis monitoring effort can contribute to the fulfillment of the freedom of religion/ belief and expression. We hope you find this report enlightening. Jakarta, September 2012 The Indonesian Legal Resource Center Uli Parulian Sihombing Executive Director iv Contents TABLE OF CONTENTS FOREWORD iii TABLE OF CONTENTS V I. INTRODUCTION 1 A. Background 2 B. Theoretical Frameworks of Blasphemy of Religion and Hate Speech on the Basis of Religion 3 C. Scope of Monitoring 8 II. CASES OF BLASPHEMY OF RELIGION AND RELIGIOUS HATE SPEECH IN INDONESIA 9 A. Cases of Blasphemy of Religion 9 1. HB Jassin, Short Story of the Sky is Getting Cloudier / Langit Makin Mendung (1968) 18 2. Arswendo Atmowiloto, Questionnaire on Prominent Figures in the Weekly Tabloid Monitor (1990) 20 3. Muhammad Saleh, The Riots of Situbondo (1996) 22 4. Mas'ud Simanungkalit, Islam Hanif (2003) 24 5. Mangapin Sibuea, Pondok Nabi dan Rasul Dunia / The Cottage Prophets and Apostles of the World, (2004) 24 6. Charisal Matsen Agustinus Manu, Book Cover BPS of Alor City (2004) 25 7. Rus'an, Article on Islam is a Religion that Failed (2005) 27 8. Ardy Husain, Cancer and Drugs Foundation Cahaya Alam/YKNCA (2005) 28 v INJUSTICE IN BELIEF; Monitoring the Results of Cases on Blasphemy of Religion and Religious Hate Speech in Indonesia 9. Sumardin Tappayya, Whistling Prayer (2005) 30 10. Yusman Roy, Bilingual Prayer (2005) 33 11. Teguh Santosa, Cartoons of the Prophet Muhammad in the Rakyat Merdeka Online (2006) 35 12. Imam Trikarsohadi and H. Abdul Wahab, the Loading of the Cartoons of the Prophet Muhammad in the Tabloid PETA (2006) 35 13. The Editorial Board of TabloidGloria, the Publishingof the Cartoons of the Prophet Muhammad in the Bi-Weekly GloriaTabloid (2006) 36 14. Lia Aminudin a.k.a. Lia Eden/Salamullah (2006) 36 15. Abdul Rachman (2006) 38 16. Ahmad Musadeq, Alqiyadah Al Islamiyah Sect (2007) 38 17. DjokoWidodo and Nur Imam Daniel, the prayer concert held by LPMI (Indonesian Student Service Institute) (2007) 39 18. Dedi Priadi and Gerry Luhtfi Yudistira/Al-Qiyadah Al-Islamiyah (2007) 40 19. Raji, Drug Prayers/ Sholat Koplo (2008) 41 20. Lia Eden/ Eden Community (2009) 41 21. Wahyu Andito Putro Wibisono, Salamullah (2009) 42 22. Nimrot Lasbaun, The Sion City of Allah Sect (2009) 42 23. FX Marjana, Lecturer of Widya DharmaUniversity / Unwidha (2009) 43 24. Wilhelmina Holle, Masohi-Maluku Riot (2009) 43 25. Pastor Moses Alegesen/ Translator of the paper Untouchability A History of Vaikonam Agitation Manu (2009) 44 26. Agus Imam Solihin, Satrio Piningit (2009) 45 27. Ahmad Naf’an, Santriloka Institute (2010) 45 28. Antonius Richmond Bawengan, The Temanggung Riot (2010) 47 29. Ahmad Tantowi, The Eden Heaven Sect (2010) 48 30. Ondon Juhana a.k.a. Raden Jaya Diningrat, Alternative Healing (2011) 50 31. Oben Sarbeni, Sect of Ahmad Sulaeman (2011) 51 32. Andreas Guntur Wisnu Sarsono, Amanat Keagungan Ilahi Sect (2012) 52 vi Contents 33. Hadassah J Werner, The Bethel Tabernakel Church (2012) 54 34. Sensen Komara, The Indonesian Islamic State/ NII (2012) 55 35. Alexander Aan, Account Facebook of Atheis Minang (2012) 56 36. Tajul Muluk, Shiah Sect (2012) 56 37. Sumarna, Tijaniyah Mutlet Cimahi Sect (2012) 57 B. Hate Speech Cases 58 1. Tabliq Akbar of Islamic Defender front FPI in Banjar and Ciamis against Ahmaddiya 58 2. Hate Speech to follower of Filadefia Church 59 3. Hate Speech to Shiah in Sampang 60 4. Condoning 62 III. MAIN FINDINGS OF THE CRIMINAL ACTS OF BLASPHEMYOF RELIGION ANDRELIGIOUS HATE SPEECH ON THE BASIS OF RELIGION 65 A. Blasphemy of Religion 65 1. Problem the Concept of Article 156a of theIndonesia Criminal Code 65 2. Application of Article 156a in all Era’s of the Indonesia Governments 71 3. Application of Article 156a of the Indonesia Criminal Code by a Judge 74 4. The pattern of the Application of Article 156a of the Indonesia Criminal Code 78 B. Religious Hate Speech 82 1. Condemnation against Religious Hate speech on the Basis of Religion 82 2. Weak Enforcement of Laws against Religious Hate Speech 86 3. Criminalization of Victims of the Religious Hate Speech 87 IV. CONCLUDING PROVISION 89 A. Conclusions 89 vii INJUSTICE IN BELIEF; Monitoring the Results of Cases on Blasphemy of Religion and Religious Hate Speech in Indonesia B. Recommendations 91 REFERENCES 97 LIST OF ADDRESSES 99 ABOUT ILRC 101 viii CHAPTER I INTRODUCTION The seed of hatred surfaces when I Feel Disturbed by the presence ofothers. When my comfort and freedom is Questioned by others (Emmanuel Levinas) INJUSTICE IN BELIEF; Monitoring the Results of Cases on Blasphemy of Religion and Religious Hate Speech in Indonesia A. BACKGROUND One of the characteristics of a constitutionally democratic country is the protection of minority groups, including the pro- tection of minority religious groups. Therefore, the constitution is designed to protect minority groups from arbitrariness/tyranny of the majority. Although there is debate about the terms major- ity and minority, in the context of Human Rights, there is a clear recognition of the existence and the rights of minority groups in sources of law such as the Declaration of the United Nations (UN) on the Elimination of All Forms of Intolerance and Discrimination against Minority Religious Groups. The term minority means not only the number of members of a population based on religion/ race, but also by thinking/religious internal sect, sexual orienta- tion, gender and other classifications. We should realize that free- dom of speech is the oxygen of democracy, and also that the free- dom of religion/belief is the oldest right within Human Rights.