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Viewing cable 06JAKARTA4972, DECREE ENDS IN COMPROMISE

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Reference ID Created Released Classification Origin
06JAKARTA4972 2006-04-20 06:45 2011-08-24 01:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Jakarta
VZCZCXRO8646
PP RUEHCHI RUEHDT RUEHHM
DE RUEHJA #4972/01 1100645
ZNR UUUUU ZZH
P 200645Z APR 06
FM AMEMBASSY JAKARTA
TO RUEHC/SECSTATE WASHDC PRIORITY 2959
INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS
RUEHBY/AMEMBASSY CANBERRA 9348
RUEHTC/AMEMBASSY THE HAGUE 3181
RUEHWL/AMEMBASSY WELLINGTON 0765
RHHMUNA/USCINCPAC HONOLULU HI
UNCLAS SECTION 01 OF 03 JAKARTA 004972 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR EAP/IET AND DRL 
 
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