Law and Religion in Indonesia: The Constitutional Court and the Blasphemy Law

Abstract

AbstractA growing number of religious minorities have been prosecuted for the criminal offence of ‘insulting a religion’, specifically Islam, in Indonesia. Both local and international human rights organisations have condemned the perceived misuse of what is widely referred to in Indonesia as the ‘Blasphemy Law’. This article will analyse the application for judicial review of the Blasphemy Law, which was submitted to the Indonesian Constitutional Court in 2009. It will critique the various submissions made to the court and analyse the historic decision of the judiciary, which upheld the validity of the Blasphemy Law. In doing this, it will explore how the relationship between law and religion, particularly Islam, has been debated, negotiated and articulated in democratic Indonesia