VZCZCXRO1230
OO RUEHDT RUEHPB
DE RUEHJA #1908/01 3220849
ZNR UUUUU ZZH
O 180849Z NOV 09
FM AMEMBASSY JAKARTA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 3866
INFO RUCNARF/ASEAN REGIONAL FORUM COLLECTIVE PRIORITY
RUEAIIA/CIA WASHDC
RHEHNSC/NSC WASHDC

UNCLAS SECTION 01 OF 02 JAKARTA 001908 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR EAP, EAP/MTS, EAP/MLS, DRL, DRL/IRF, EAP/RSP 
NSC FOR D.WALTON 
 
E.O. 12958: N/A 
TAGS: PGOV KIRF SOCI ID
SUBJECT: RELIGIOUS FREEDOM -- ACTIVISTS TAKE TO THE COURTS 
TO OVERTURN BLASPHEMY LAW 
 
¶1.  (U) SUMMARY:  Human Rights activists are pressing the 
Indonesian Constitutional Court to overturn a controversial 
religious blasphemy law.  Lawyers argue that the law limits 
religious expression and contradicts the freedoms guaranteed 
in the Indonesian Constitution.  In the past, the GOI--under 
pressure from mainstream Muslim organizations and other 
groups--has used provisions of the blasphemy law to justify 
limiting the religious activities of certain minority groups 
and individuals.  Overturning the law--which is possible 
given the Constitutional Court's record of activist 
jurisprudence--would go a long way toward solidifying 
Indonesia's reputation for diversity and tolerance.  END 
SUMMARY. 
 
ARGUMENTS BEFORE CONSTITUTIONAL COURT 
 
¶2.  (U) Religious freedom is in the news in Indonesia.  On 
November 17, leading human rights lawyers formally petitioned 
the Indonesian Constitutional Court to overturn a 
controversial law which they say discriminates and limits 
religious freedom.  (Note:  The Constitutional Court is a 
court of first instance.  It shares authority over 
interpretations of Indonesian law and regulations with the 
Supreme Court.)  The law in question, entitled "on the 
Prevention of Blasphemy and Abuse of Religion," is based on a 
1965 Suharto-era decree against "misusing and/or denigrating 
religion."  Lawyers argued before the Court that the law 
limits religious expression and contradicts the freedoms 
guaranteed in the Indonesian Constitution. 
 
¶3.  (U) Under the law, "spreading religious hatred, heresy, 
and blasphemy" is punishable by up to five years in prison. 
The law is rarely applied.  Although the law applies to all 
officially recognized religions (such as Islam, Christianity 
and Buddhism), the few cases in which it has been enforced 
have almost always involved alleged blasphemy or heresy 
against Islamic Sunni norms.  According to human rights 
activists, the law--more generally--has been used as the 
first step toward banning or limiting the freedoms of 
smaller, minority religious communities in Indonesia, and 
thus has had "a chilling effect." 
 
¶4.  (U) In terms of examples of the law's application: using 
the blasphemy law as its legal basis, the GOI issued a decree 
last year that stopped just short of banning the minority 
Ahmadiyah sect.  The decree "warns" members of Ahmadiyah 
against making their own interpretations of Islam and against 
spreading their beliefs.  Several Ahmadiyah houses of worship 
have been closed and some Ahmadiyah members feel that they 
are not free to worship their faith, although others say they 
can work within the current system. 
 
¶5.  (U) The law is also sometimes applied to individuals.  In 
June, for example, a Jakarta court found Lia Eden, the leader 
of a small religious sect, guilty of blasphemy and sentenced 
her to two years and six months in prison.  Eden claims to be 
the reincarnation of the angel Gabriel and publicly stated 
that Islam and other religions "must" be disbanded.  This was 
the second time that Eden has been tried on blasphemy 
charges.  She was arrested for the same crime in 2006, 
sentenced to two years in prison and subsequently released. 
 
GOVERNMENT ON THE DEFENSE 
 
¶6.  (U) The government is defending the law.  GOI officials 
have underscored that the government's chief interest is to 
make sure that religious sects do not act against "public 
order," e.g., by undertaking activities that cause others in 
society "anger or distress."   With some justification in 
this developing country (given periodic flare-ups of 
religious-based tension), the Indonesian government asserts 
that it has difficulty controlling anger among its citizens 
when "they feel that their religion has been challenged." 
 
COURT COULD OVERTURN LAW 
 
¶7.  (U) Overturning the law would go a long way toward 
solidifying Indonesia's reputation for diversity and 
tolerance.  The Constitutional Court has a record of activist 
jurisprudence and could well overturn the law.  If that 
happens, many Muslim groups--including those in the 
mainstream--will no doubt vociferously complain.  That said, 
it is positive that such issues are being debated in the 
legal system and not on the streets. 
 
 
 
JAKARTA 00001908  002 OF 002 
 
 
HUME