Despite its overwhelmingly Muslim majority, Indonesia has always been seen as exceptional for its diversity and pluralism. In recent years, however, there has been a rise in "majoritarianism", with resurgent Islamist groups pushing hard to impose conservative values on public life in many cases with considerable success. This has sparked growing fears for the future of basic human rights, and, in particular, the rights of women and sexual and ethnic minority groups. There have, in fact, been more prosecutions of unorthodox religious groups since the fall of Soeharto in 1998 than there were under the three decades of his authoritarian rule. Some Indonesians even feel that the pluralism they thought was constitutionally guaranteed by the national ideology, the Pancasila, is now under threat. This book contains essays exploring these issues by prominent scholars, lawyers and activists from within Indonesia and beyond, offering detailed accounts of the political and legal implications of rising resurgent Islamism in Indonesia. Examining particular cases of intolerance and violence against minorities, it also provides an account of the responses offered by a weak state that now seems too often unwilling to intervene to protect vulnerable minorities against rising religious intolerance.
Terminology |
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xi | |
Acknowledgements |
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xii | |
Notes on Contributors |
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xiii | |
Glossary |
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xvii | |
Acronyms and Abbreviations |
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xxix | |
Introduction: Religion, Law and Intolerance in Indonesia |
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1 | (16) |
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PART I State Regulation of Religious Freedom |
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17 | (96) |
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1 State Power to Restrict Religious Freedom: An Overview of the Legal Framework |
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19 | (23) |
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2 Between Control and Appeasement: Religion in Five Constitutional Court Decisions |
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42 | (26) |
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3 Faith and Freedom in Indonesian Law: Liberal Pluralism, Religion and the Democratic State |
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68 | (27) |
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4 Legislating Inter-Religious Harmony: Attempts at Reform in Indonesia |
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95 | (18) |
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PART II The Politics of Religious Intolerance |
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113 | (82) |
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5 The Politics of Religious Intolerance in Indonesia: Mainstream-ism Trumps Extremism? |
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115 | (17) |
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6 Ketuhanan Yang Maha Esa, the State and the Politics of Religious (In)Tolerance: Understanding Contemporary Religious Life through Past Debates on the State-Religion Relationship |
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132 | (26) |
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7 The Inter-Religious Harmony (KUB) Bill vs Guaranteeing Freedom of Religion and Belief in Indonesian Public Debate |
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158 | (22) |
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8 Race and Religion in the 2012 Jakarta Gubernatorial Election: The Case of Jokowi-Ahok |
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180 | (15) |
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PART III Civil Society, Pluralism and Intolerance |
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195 | (60) |
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9 The Decreasing Space for Non-Religious Expression in Indonesia: The Case of Atheism |
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197 | (14) |
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10 The Council of Indonesian Ulama (MUI) and `Aqida-Based Intolerance: A Critical Analysis of Its Fatwa on Ahmadiyah and `Sepilis' |
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211 | (23) |
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11 Administrative Law and Religion: Complaints by Religious Communities against Government Authorities in Indonesia |
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234 | (21) |
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PART IV Violence and State Responses |
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255 | (62) |
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12 Islamist Civil Society and Violent Extremism in Indonesia: A Tactical Merger? |
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257 | (14) |
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13 Policing Sectarian Conflict in Indonesia: The Case of Shi'ism |
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271 | (18) |
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14 Pink or Blue Swing? Art, Pornography, Islamists and the Law in Reformasi Indonesia |
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289 | (28) |
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PART V Discrimination and Vulnerable Groups |
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317 | (52) |
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15 The Islamisation of Regional Regulations and Its Impact on Good Governance in Contemporary Indonesia |
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319 | (16) |
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16 The Implementation of Perda Syari'at in Aceh and West Sumatra |
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335 | (18) |
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17 The Legal Fate of Indonesian Muslim Women in Court: Divorce and Child Custody |
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353 | (16) |
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369 | (18) |
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18 Religious Freedom, Minority Rights and the State of Democracy in Indonesia |
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371 | (16) |
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Index |
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387 | |
Tim Lindsey is Redmond Barry Distinguished Professor, Malcolm Smith Professor of Asian Law and Director of the Centre for Indonesian Law, Islam and Society in the Law School at the University of Melbourne, Australia.
Helen Pausacker is Deputy Director of the Centre for Indonesian Law, Islam and Society and a Principal Research Assistant in the Asian Law Centre at the University of Melbourne, Australia.