"Aliran Kepercayaan" in The Controversial Draft Bill of Indonesian Criminal Code

Indonesia is a country full of diversity, home to numerous different ethnic groups, languages and religions. The country that made up of 17,500 islands, and thirty-three provinces, meaning that the cultural landscape is also a diverse one, mixing both foreign and indigenous customs. The range of religions practised in Indonesia is diverse, although around 90% of Indonesians identify themselves as being Muslim, the largest Muslim population of any country in the world. 

There are 6 (six) religions recognized by the government - Islam, Protestantism, Catholicism, Buddhism, Hinduism and Konghuchu. Meanwhile, long before those 6 (six) religions, Indonesia's diversity extends to the variety of belief systems as well. Heretofore, many communities still live traditionally and still uphold the religions and practices of their ancestors, often unique to the locality.

After the 6 (six) religions being recognized for their existence in Indonesia, its position seemed to override or even be considered to get rid of those belief systems. This is indicated by the way the government obligate to choose one of the 6 (six) religions for the sake of administrative citizenship such as Kartu Tanda Kependudukan (KTP), Kartu Keluarga (KK), and other certificate, that is previously regulated in Article 61 paragraph (2) and Article 64 paragraph (5) of the Administrative Law (Undang-Undang Nomor 23 Tahun 2006 tentang Administrasi Kependudukan jo Undang-Undang Nomor 4 Tahun 2013 tentang Perubahan Atas Undang-Undang Nomor 23 Tahun 2006 tentang Administrasi Kependudukan), which has been annulled by the decision of the Constitutional Court No. 97/PUU-XIV/2016.

Annulment of the provisions towards the obligation to include certain religions whose existence has been recognized in Indonesia, simultaneously strengthens the position of Indonesian beliefs disciple. This also becomes the form of embodiment of the constitutional mandate of the 1945 Constitution, namely Article 28 E paragraph (2) which states that everyone has the right to freedom of belief, to express his thoughts and attitudes, in accordance with his conscience. 

Through its decision, the Constitutional Court seems to want to state that Indonesian beliefs disciple and religious adherent are equal, both their existence and rights. They do not need to be required to become an adherent of a particular religion whose existence is recognized by the administrative law.

By recognizing that they have the same position and rights in the eyes of the state, with those 6 (six) other religions as well, Indonesian beliefs disciple also have the right to spread their beliefs to the wider community as long as they do not insult and denigrate other religions, and do not make a fool of adherents of certain existing religions. Moreover, we know that the Constitutional Court's decision is final and binding.

This good news for Indonesian beliefs disciple that they can spread the ideology they profess is not long lasting. It is all because of Ius Constituendum, Indonesian Bill of Penal Code (RKUHP). Article 306 states that "Anyone who publicly incites in any form with the intention of nullifying belief against the religion that is recognized in Indonesia, is convicted with the longest imprisonment for 4 years or a maximum fine of Category IV". 

This article should be criticized enough because it encourages multi-interpretation which tends to be very subjective. In case, if the adherents of beliefs system succeed in making a person or a group of people to follow beliefs that they profess, surely that person will leave their religion or based on that article is called "nullifying belief against a particular religion".

According to the sentence of the article, those who spread the beliefs system can be convicted. This is certainly an oddity. The basic right to embrace religion, which includes the right to adhere to the belief in the Almighty God is civil and political rights which are non-derogable rights (rights that cannot be reduced under any circumtances).

All human beings in this world essentially have the same dignity and degree, and also have the same rights and obligations without differentiating gender, skin color, ethnicity, religion, or other social status. Article 18 of ICCPR states that everyone has the right to freedom of thought, belief, and religion. 

This right includes freedom to adhere or to accept a religion or belief of their own choice, and freedom, both individually and jointly with others, and whether in a public or closed place, to practice their religion or belief in religious activities, observance, practice, and teaching.  No one may be forced to interfere  the freedom to embrace or accept a religion or belief according to their choice. Freedom to practice one's religion or beliefs can only be limited by legal provisions, which are needed to protect the security, order, health or morals of society or the fundamental rights and freedoms of others.