CONSTITUTIONAL RECOGNITION OF “BELIEFS” IN INDONESIA

Abstract

AbstractConstitutionally, Indonesia is a state “based on Almighty God,” but the Constitution does not specify any religions or belief systems. This is left to statute, which establishes six official religions that the state supports and helps administer: Islam, Protestantism, Catholicism, Hinduism, Buddhism, and Confucianism. But Indonesia is home to a rich kaleidoscope of other beliefs (kepercayaan), ranging from indigenous practices predating the arrival of many of the official religions to new age spiritual movements. The constitutional status of these beliefs is contentious, and their followers have long complained of government discrimination, primarily in matters of civil registration services, education, and employment. This reinforces the view, propounded by some adherents to official religions, that beliefs are inferior to official religions. This view, in turn, perpetuates the socioeconomic and cultural marginalization of belief-holders. In 2017, Indonesia's Constitutional Court was asked to examine the constitutional status of these beliefs. Its decision appears to constitutionally recognize these beliefs; accordingly, it has been heralded as an advance for religious freedom in Indonesia. Indeed, it has spurred limited administrative reforms to remove discrimination in several parts of Indonesia. But the Court's decision is muddled and inconsistent. It does not clearly establish that beliefs enjoy the same level of constitutional protection as do religions—if they are, in fact, constitutionally protected at all. The likely result is continuing faith-based discrimination and marginalization in Indonesia.