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Freedom of religion and belief, freedom of opinion and expression, freedom
of assembly and participation in the conduct of public affairs (arts. 18, 19,
20, 21 and 25) and Rights of persons belonging to minorities (art. 27)
31. As mentioned in the previous submission, the right to religion is ensured in Indonesian
Constitution as well as the Law No. 39 of 1999 on Human Rights and recognized as a
non-derogable right. Komnas HAM, however, concerned that the Law No. 1 of 1965
still exists. It should be noted also the existence of the Joint Regulations between
Ministry of Religious Affairs and Ministry of State Affairs No. 9 Year 2006 and No. 8
Year 2006 on ‘Regulation of Duties of Regional Head and Deputy in Maintaining
Religious Harmony, Empowering the Forum of Religious Harmony, and Constructing
Places of Worship’ resulting in several human rights problem. The intrusion of the right
to personal freedom, such as freedom of religion and to worship according to his/her
religion or belief experienced by, among others, the Ahmadiyah adherents and other
groups (shia, traditional belief). Komnas HAM also observed that the prolonged
discrimination experienced by particular religious adherents to practice their religion or
belief. The decription below gives more detailed information on the situation :
• Komnas HAM conducted an investigation on the cases of Ahmadiyah based on
the statutory function of Komnas HAM in monitoring. In 2005, Ahmadiyah
adherents had experienced several acts of violence with the attack to Mubarak
campus, Parung, West Java on 9 and 15 July 2005, the attack of Ahmadiyah
adherents in Cianjur, West Java on 19 September 2005, and the attack of
Ahmadiyah adherents in Ketapang, Lombok in October 2005. As the
consequences of the State obligations according to article 71 of the Law 39/1999,
all religions of the Indonesian people should be protected and treated equally by
the State, including the adherents of Ahmadiyah. In response to those attacks,
Komnas HAM considered that the Government should actively provide: a).
protection guarantee to the victims; b). firm actions to anarchy behaviours; c).
guarantee of protection for all Indonesian citizen wherever they stay.
• Similar acts of violence also occurred to Ahmadiyah adherents in Al Mubarak
Campus, Parung (Bogor, West Java) on 9 July 2005 which caused many injured
victims and destruction of campus facilities and vehicles.
• Then also, the attack to Ahmadiyah adherent on 6 Febuari 2011 in Umbulan
Village, Cikeusik, Pandeglang, Banten, which caused the death of 3 people, 5
people were injured and destruction of facilities. It should be noted that, the
attack of Ahamdiyah adherents still continues until 2013 in which it happened
recently in Tasikmalaya, West Java.
• Komnas HAM concluded that, in the case of the attack of Ahmadiyah adherents
in Lombok and other places above, there are lack of measures of prevention and
prosecution to the perpetrators by the law enforcement officers which reflects the
unwillingness and inability of the State to guarantee the rights of its citizen to
freedom of religion and to worship according to one’s religion or belief
32. Komnas HAM received complaints on the issue of freedom of religion, during the
period of 2007-2012 that cover several main type of violations : a). inability to build
places of worship and the destructions of the places; b). discrimination experienced by
religious minority groups ; c). defamation; d). violences against religious minority
groups.