Majority Pressure
(Photo © Jakarta Globe)
The Constitutional Court of Indonesia, an independent body which reviews existing and new laws passed by the Indonesian government and is supposed to uphold the principles of the Indonesian constitution has dealt a second blow in the space of a month to Indonesia’s pluralism and human rights – the basic tenets of the nation.
Around a month ago came the first strike when it upheld the controversial Anti-pornography bill, which by its vague, archaic, uncertain and misleading definitions and pronouncements opens up a Pandora’s box of misinterpretations and abuse that could threaten women’s rights and minority rights.
Anti-Porn Statute to Remain Law of the Land in Indonesia – Jakarta Globe
Constitutional Court upholds divisive pornography law – The Jakarta Post
And now the second blow by refusing to revise or scrap the 1965 Blasphemy Law which forbids non-mainstream interpretations of the six officially recognised religions. The Law has been routinely used to harass and intimidate minority Islamic sects as well as critics of Islamic hard-liners. The appeal for review of the law was filed by none other than the late former President Abdurrahman “Gus Dur” Wahid amongst others(including several human rights organizations and progressive Islamic scholar Siti Musdah Mulia).
Constitutional Court Keeps Faith With Indonesia’s Controversial Blasphemy Law – Jakarta Globe
Court upholds Blasphemy Law – The Jakarta Post
The decision though unjust, is hardly surprising as it in line with the wishes of the Muslim majority. There were vigorous demonstrations and attacks on the petitioners by hard-line Muslim groups, including the Islamic Defenders Front (FPI). As Poengky Indarti of Imparsial, The Indonesian Human Rights Monitor remarked, “The dictatorship of the majority has contributed [to the decision].”
Another factor could well be the composition itself of the panel of judges of the Constitutional Court. Eyebrows were raised when the replacements of two judges in the Court were announced in January – the replacements were both from strong Islamic backgrounds, one a former deputy head of the Religious High Court in Yogyakarta and the other the deputy head of the Islamic Crescent Star Party (PBB). This was controversial and insensitive as one of the judges being replaced was the only Protestant Christian in the panel.
Critic Questions Selection of Constitutional Court Judges – Jakarta Globe
The lone remaining non-Muslim judge in the nine member panel also happens to be a woman, thus truly making her the only voice of the non-majority in the panel. And not surprisingly she was the only dissenting judge in the panel for both of the controversial judgements above. Dr. Maria Farida Indrati is a former Professor of Law from the University of Indonesia and a Catholic.
Maria Farida Indrati: Feminine voice of reason – The Jakarta Post
Dr. Maria Farida Indrati
(Photo © The Jakarta Post)