Limitations to Freedom of Religion or Belief in Indonesia: Norms and Practices

The landscape of freedom of religion or belief (FoRB) in Indonesia has been shaped
by two elements: first, the progressive adoption of human rights in the new laws and
amended constitution, as a result of the democratization which started in 1998; second,
the old governance of religion which acknowledges limited religious pluralism and
emphasizes harmony over freedom. A striking feature resulting from this combination
is the addition of “religious values” as a ground of FoRB limitation in the new chapter
on human rights in the amended Constitution, which otherwise draws its inspiration
from the ICCPR and other international human rights covenants. Indonesian “public
order” and “public morals” are understood to consist of, among other things, respect
and protection of religious values. While the emphasis on religious values and public
order produces most restrictions, when it comes to limitations to FoRB on grounds of
public health, the government seems reluctant to impose necessary restrictions