Read The Times Australia

Daily Bulletin

Politics complicate blasphemy investigations in Indonesia and around the world

  • Written by: Rafiqa Qurrata A'yun, Lecturer, Department of Criminal Law, Faculty of Law, University of Indonesia

The Indonesian police recently named the Chinese-Indonesian and Christian governor of Jakarta, Basuki Tjahaya Purnama, also known as Ahok, a suspect in a blasphemy case. This came after Muslim groups, which accuse Purnama of “insulting Islam”, staged an enormous street protest (and warned that they plan another).

President Joko Widodo stepped in and ordered the police to quickly investigate the allegation against Purnama, who is running for re-election in next year’s Jakarta gubernatorial election.

Muslim groups had reported Purnama for alleged blasphemy after a video went viral showing Purnama criticising his political opponents who tried to dissuade people for voting for him by referencing a verse in the Koran.

Around one-quarter of the world’s countries, both in developing and developed economies, have anti-blasphemy laws. But these laws punishing speech or actions seen to be contemptuous of religion are highly controversial.

The implementation and application of these laws is politicised and prone to be influenced by public pressure. Purnama’s blasphemy investigation is a clear example.

Indonesia’s anti-blasphemy laws

Rights activists argue public pressure to punish those accused of blasphemy reveals a weakness in law enforcement, which comes as religious intolerance grows in Indonesia.

Such arguments cannot be dismissed. But it is important to take into account the broader context, including how blasphemy laws came to exist in Indonesia and in other countries.

The history of Indonesia’s blasphemy law is very political. The 1965 blasphemy law was introduced during a tense period in Indonesian history, where the Communist Party, the army and Islamist groups were all vying for political power.

Indonesia’s first president, Sukarno, released the law as a presidential decree “on the prevention of religious abuse and/or defamation”. It was intended to protect the major religions recognised by the state – Islam, Buddhism, Hinduism, Catholicism, Protestanism and Confucianism – from unorthodox interpretations and blasphemy. Sukarno was succeeded in the late 1960s by Suharto, who ruled until 1998.

After a bloody purge in 1965-66, Suharto banned communism but retained the blasphemy law. In 1969, he got the parliament to promote the decree into a law. An anti-blasphemy clause was also inserted into Indonesia’s penal code.

But during his rule, only ten people were prosecuted under the 1965 blasphemy law. In contrast, in the last 15 years, at least 106 people have been prosecuted and convicted of blasphemy.

The recent spike in blasphemy cases in Indonesia occurred as political Islam found space in an increasingly democratised system following the end of Suharto’s authoritarian rule in 1998.

Since Suharto stepped down, blasphemy provisions have been added in various laws, such as the Electronic Information and Transaction Law and the Child Protection Law.

The strengthening of blasphemy laws have resulted in religious minorities being criminalised and discriminated against. Groups such as Ahmadiyya and Shiites have been subject to these laws for publicly practising their faiths.

As in Purnama’s investigation, the cases against the two groups were also influenced by pressure from the Sunni Muslim majority in Indonesia.

Activists have requested the country’s Constitutional Court review the 1965 blasphemy law. But the court decided in 2010 and again in 2013 that the law should remain.

Other countries are facing similar issues where religious majority groups exploit the state to control religious practice and expressions in their societies.

Extrajudicial killings in Pakistan

In Pakistan, vigilante groups have pressured law enforcers to investigate blasphemy cases and the judiciary to convict. Thousands of people have been accused under Pakistan’s blasphemy law.

Pakistan inherited its blasphemy law from India’s British colonial rule. In the 1980s, Pakistan’s president at the time, General Muhammad Zia-ul Haq, added clauses introducing the death penalty for blasphemy against the Prophet Muhammad.

Extremists don’t hesitate to take the law into their own hands, which has led to extrajudicial killings. Pakistan’s Punjab governor Salman Taseer, who sought to reform the blasphemy law, was one such victim. He was killed by his bodyguard Mumtaz Qadri, who claimed it was his “religious duty” to murder the minister over his opposition to the blasphemy law.

Despite the problems surrounding blasphemy cases, most of the major parties in Pakistan publicly support the blasphemy law to avoid alienating conservative groups.

Germany’s blasphemy law

Attempts by religious conservatives to protect their religion from blasphemy are not limited to developing Muslim majority countries. In Christian-majority Germany, blasphemy cases are very rare but its blasphemy law still stands. Conservatives there have been trying to change the law to make it easier to convict someone for blasphemy.

Paragraph 166 of the German penal code punishes anyone who “publicly, or via the dissemination of writings, slanders the religious confession of another person” on the condition that this is done in a way that “is meant to disturb the peace”.

In 2000 and 2012, conservative German politicians proposed deleting the phrase “disturbing the peace” to make the law easier to apply. Their attempt failed.

In 2016, Germany sentenced a man under this law for “blasphemous” bumper car stickers.

Playing with public pressure

The interests of religious majorities always loom over blasphemy investigations. That means blasphemy cases are easily politicised.

Wherever anti-blasphemy laws exists, political actors may be tempted to influence blasphemy investigations to curry favour with religious majorities for their own political benefit.

In Jakarta’s Purnama case, the fact that he’s running in the Jakarta gubernatorial election increases the temptation for his opponents to play with public pressure to their own political benefit.

Will this blasphemy investigation affect his tilt for re-election as Jakarta governor? We will have to wait and see.

Authors: Rafiqa Qurrata A'yun, Lecturer, Department of Criminal Law, Faculty of Law, University of Indonesia

Read more http://theconversation.com/politics-complicate-blasphemy-investigations-in-indonesia-and-around-the-world-68817

Business News

How Telematics Helps Australian Companies Improve Productivity

Operating a commercial fleet in Australia is a uniquely demanding endeavour. Between the sprawling urban sprawl of cities like Sydney and Melbourne and the immense, unforgiving stretches of the Outb...

Daily Bulletin - avatar Daily Bulletin

Inside the Icon: The BridgeMuseum Officially Opens at the Sydney Harbour Bridge

A bold new way to experience one of Australia’s most recognisable landmarks has arrived, with BridgeClimb Sydney officially opening the all-new BridgeMuseum.  Located inside the Sydney Harbour Bridge...

Daily Bulletin - avatar Daily Bulletin

Is Your Brand Showing Up in AI Search? Most Melbourne Brands Aren't.

The New Front Door Nobody Told You About Something changed. Quietly. Without a press release. The way buyers find businesses in Australia has been rewired. Not replaced, rewired. Google isn't dead...

Daily Bulletin - avatar Daily Bulletin

How Australian Businesses Can Measure SEO ROI

SEO can feel vague when you are staring at a dashboard full of numbers that do not clearly connect to revenue. The key is to measure the right signals in the right order, then tie them back to outcome...

Daily Bulletin - avatar Daily Bulletin

How Commercial Roller Shutters Improve Site Security Without Slowing Operations

Security upgrades can be frustrating when they make everyday work harder. A door that takes too long to open, creates bottlenecks at shift change, or fails at the worst time can turn “better protectio...

Daily Bulletin - avatar Daily Bulletin

Why a Document Destruction Service Still Matters for Modern Businesses

Businesses generate large volumes of information every day, from staff records and contracts to invoices, reports and customer files. While attention often focuses on how documents are stored, the way...

Daily Bulletin - avatar Daily Bulletin

Bicycle Rack Safety and Space-Smart Storage

Bike storage problems usually show up as small annoyances first: tangled handlebars, scratched frames, and bikes that topple when you pull one out. Over time, those issues become safety risks, especia...

Daily Bulletin - avatar Daily Bulletin

How to Tell if a Childcare Centre Is a Good Fit for Your Child

Choosing childcare can feel like you’re making a huge decision with limited information. Tours are short, centres are often on their best behaviour, and your child might act differently in a new space...

Daily Bulletin - avatar Daily Bulletin

Car Import Timeline: What Usually Happens at Each Stage

Importing a car into Australia can feel confusing because multiple agencies and checkpoints are involved, and the timeline is shaped as much by paperwork quality as it is by shipping speed. The most u...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Gold Migration Lawyers in Liquidation: How the Closure Affects Your ART Appeal

If your appeal was with Gold Migration Lawyers, a recent change to how the Tribunal decides cases ...

The pressure cooker: life in urban Australia in 2026

Australian cities have always been demanding. Long commutes, rising housing costs, busy schedules a...

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...

How A Diploma Of Project Management Builds Practical Skills For Modern Work Environments

Developing the ability to plan, execute, and deliver outcomes efficiently is a key requirement in to...

How to Choose the Right Football for Every Level

Choosing a football may seem straightforward, but the right option depends on who will be using it a...

What to Ask a Wedding Photographer Before You Book

Booking a wedding photographer can feel deceptively simple: you like the photos, you like the vibe...

Why Stress Relief For Dogs Is Essential For Emotional Balance And Long-Term Wellbeing

Managing emotional health is just as important as physical care when it comes to pets, which is why ...