DECREE ENDS IN COMPROMISE

UNCLAS SECTION 01 OF 03 JAKARTA 004972

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E.O. 12958: N/A
TAGS: PHUM PGOV KIRF KJUS KISL ID
SUBJECT: DECREE ENDS IN COMPROMISE

REF: A. 05 JAKARTA 14621 "DRAFT DECREE TO DISADVANTAGE

MINORITIES"

B. 05 JAKARTA 14281 "CHARGE LOBBIES ON RELIGIOUS
FREEDOM"

C. 05 JAKARTA 16065 "POST AND NGOS LOBBY ON DECREE"

D. JAKARTA 1649 "RELIGIOUS DECREE EASES RESTRICTIONS"

SUMMARY
--------------


1. (U) On March 23, the Home Affairs and Religious Affairs
ministries announced a revised joint ministerial decree on
building houses of worship (ref a). Whereas the original
decree required an undefined "community approval", the
revised decree requires 90 congregation members and 60
supporters to sign a petition in favor of any new house of
worship. Despite public criticism from many quarters,
representatives of both the majority and minority religions
were optimistic that the decree could promote religious
harmony but take a "wait and see" approach. Meanwhile,
President Bambang Yudhoyono took steps that fully legitimize
Confucianism as an officially recognized religion. End
Summary.

MINISTERIAL DECREE ENDS IN COMPROMISE
--------------

2. (U) After months of consultations with religious leaders
(ref d),the Home Affairs and Religious Affairs ministries
formally announced the revised joint ministerial decree that
governs the establishment of houses of worship. The decree
now requires that new places of worship have congregations of
a minimum of 90 people and the support of an additional 60
community members. If applicants cannot attain the requisite
number of members or supporters at the community level, they
can widen their scope to the sub-district level, and failing
that, the district level. The decree also requires a
recommendation from the local office of religion and the
formation of a community forum representing all religions to
facilitate disagreements. (Note: Indonesian regulations now
recognize six faiths: Islam, Buddhism, Hinduism,
Confucianism, Catholicism and Protestantism; the decree does
not apply to faiths outside of these six. End Note).

CHRISTIANS CAUTIOUSLY OPTIMISTIC
--------------

3. (SBU) The new decree has drawn public criticism from both
Muslims and Christians but our contacts tell us privately
that the revisions are an improvement over the original
decree. Franz Mangis-Suseno, respected Catholic scholar and
other Christian groups publicly criticized the revised decree
as unconstitutional because it restricts the right to
worship. However, A. Benny Susetjo, Secretary General of the
Catholic Bishop's Conference of Indonesia (KWI) told us
privately on March 29 that he was cautiously optimistic that
the revisions would make it easier for Christians to
establish a house of worship. He said that the revisions
were an improvement over the original decree because they
were legally clear and provided one standard for the entire
nation (the original decree left the definition of "community
approval" up to the districts to decide). Although Christian
religious leaders argued in negotiations with the government
against requiring a high number of members and supporters
(ref a),they see the 90/60 figure as a compromise. The
decree also gives existing unlicensed houses of worship two
years to meet the requirements in the decree. Susetjo hopes
that at the very least, this will take the wind out of the
sails of extremist groups that used the original version of
the decree as an excuse to intimidate unlicensed churches
with threats and violence into closing (ref c). Dr. Richard
Daulay, General Secretary of the Communion of Churches in
Indonesian (PGI, an organization that represents many
Protestant denominations) and participant in the negotiations
that led to the decree revisions, said on March 30 that he
was also optimistic that the revised decree would mark the
end to forced church closings and provide legal certainty.
Both Susetjo and Daulay said that the key to the decree's
success lay in government implementation and enforcement it.

MUSLIMS OFFER MIXED OPINIONS
--------------


4. (SBU) The quasi-governmental Indonesian Ulama Council
(MUI) that represented Muslim interests in the negotiations
over the decree revisions (ref a) complained vociferously in
the press that the revised decree disproportionately
accommodates minority religions by not requiring a higher

JAKARTA 00004972 002 OF 003


number of members and supporters to establish a house of
worship. However, representatives from the two largest mass
Muslim organizations in Indonesia told us privately that the
required 90/60 was actually too high. Syaiful Bahri Anshori,
Vice Secretary General of the Board of Nahdlatul Ulama (NU),
Indonesia's largest Islamic organization, told us on April 4
that he was worried the 90/60 requirement would make it
difficult for Muslims in Hindu and Christian dominated areas,
such as Papua and Bali, to build a mosque. Imam Addarqudni
Vice Chairman of the Special Preachers at Muhammadiyah said
that Muhammadiyah did not have an official position on the
decree, but personally agreed that the required number was
excessive. Expressing the position held by many Christian
leaders and religious freedom advocates, he added that the
government should not regulate the building of houses of
worship because it is not the government's role to regulate
religious matters. Anshori speculated that it was the
Religious Affairs Ministry and MUI that pushed for a high
minimum required number of members and supporters during the
decree negotiations. However, when we spoke to Dr. Ichwan
Syam, General Secretary of MUI, he pointed the finger at the
Hindus as the group that wanted high numbers. When we noted
to him that the press quoted a prominent member of MUI as
saying that the 90/60 numbers were too low, Syam shrugged it
off as "just talk". Syam supported the decree arguing that
the decree was essential to avoid "chaos" and that a higher
authority such as the President or the Parliament should
promulgate it to give it stronger legal effect.

FORCED CHURCH CLOSING DAYS AFTER DECREE IS ISSUED
-------------- --------------


5. (U) A group of militants reportedly closed down a
non-licensed church in Bandung on March 28, just days after
the government issued the revised decree. Although the
decree now allows existing non-licensed houses of worship two
years to comply with the new requirements, a mob of 200
religious vigilantes closed down a Christian church based on
a local ordinance (PERDA) which the decree legally
supersedes. Christian leaders were not alarmed by the
incident and were hopeful that after the planned educational
campaign such closures will cease. The Muslim religious
leaders we met with universally condemned using intimidation
and violence to force churches to close.


PRESIDENT FORCES BUREAUCRACY TO RECOGNIZE CONFUCIANS
-------------- --------------


6. (U) Although the government of Indonesia has officially
recognized Confucianism as a religion since 1969, in
practice, the administration did not offer the same service,
rights or protections to Confucians until this year. Vice
Chairman of the Supreme Council for Confucian Religion
(MATAKIN),Handry Nuranto, told us on March 3 that at
President Susilo Bambang Yudhoyono's direction, the Religious
Affairs Ministry announced on January 24 that it would now
service Confucians. This meant that they will issue
Confucians identity cards accurately reflecting their
religious affiliation and register Confucian marriages and
births. On February 24, the Department of Home Affairs
issued a similar edict to all local governments instructing
them to provide the same services and protections for
Confucians as they do for adherents of other recognized
faiths. Nuranto credited President Yudhoyono and the First
Lady for the progress. Nurantos said that the First Lady's
sympathy for children born out of wedlock as a result of the
legal barriers to marriage for Confucians was a major
motivating factor. Chandra Setiawan, Commissioner
responsible for religious freedom at the National Commission
on Human Rights (Komnas Ham) and former head of MATAKIN, told
us the Indonesian government has finally fulfilled the
aspirations of Confucians.

COMMENT
--------------


7. (SBU) Like many controversial issues in Indonesia, the
question of regulating houses of worship has ended in
compromise. For officially recognized religions, representing
the vast majority of Indonesians, meeting the decree's
requirements should be easy enough since the decree allows
applicants to solicit members and supporters up to the
district level. While any requirement of a minimum number of
members and supporters remains controversial, the real test
of the decree's fairness will be whether or not the

JAKARTA 00004972 003 OF 003


government enforces it and keeps vigilantes from using force
and intimidation against minority religious establishments.
The decree will not provide protection or redress for very
small congregations and members of faiths not recognized by
the government. Yudhoyono's successful effort to force the
bureaucracy to accept Confucianism represents a meaningful
expansion of religious freedom.

PASCOE