INDONESIA: Judgement by the Supreme Court upholding freedom of religion disregarded by police and Bekasi local authorities 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information concerning the ongoing threats and intimidation by villagers of Jejalen Jaya towards Reverend Palti Panjaitan and the congregation of Batak Protestant Church (HKBP) Filadelfia. The congregation has been prohibited to conduct service of worship for years on a piece of land that legally belongs to them despite the judgment of the Indonesian Supreme Court upholding the congregation’s right over the land and to establish a church on it. The police and local authorities have not taken any measures to enforce the court’s judgment but, instead, have taken the side of the local residents and have urged the congregation to relocate its place of worship. The authorities have taken no action against those who have made the threats against the Reverend as well as the congregation despite the fact that the  Penal Code criminalises such actions.

CASE NARRATIVE:
The latest update received by the AHRC reveals that on 17 May 2012 at around 8.30 in the morning, the congregation of HKBP Filadelfia attempted to come to the land they have lawfully bought to conduct a service commemorating the Ascension Day. Yet, as happened in the previous weeks, the residents of Jejalen Jaya village, the police and the officers of the Public Order Agency (Satpol PP) blocked the street to the location. The local residents surrounded the congregation and prevented them from moving to anywhere. The police, Satpol PP as well as representatives of local governments were present and the congregation tried to negotiate with them. Following the negotiation, the residents delivered a hate speech which was amplified by a loud speaker. They also pushed the police and attempted to break the barricades. (PHOTO: The police, Satpol PP officers and the villagers of Jejalen Jaya village blocked the street on 6 May 2012, preventing the congregation to pray on a land it owns.)

It was reported that the villagers also threw stones, urines and faeces on the congregation. The police and the public order agency attempted to protect the congregation yet did not take any measures against the villagers carrying out the intimidation. The HKBP Filadelfia’s congregation finally gave up and only asked that they will be given a few minutes to pray together. They were about to start the prayer but the villagers thought the congregation would hold a service on the street. This triggered the anger of the villagers who quickly became more aggressive and tried to approach the congregation. Seeing the villagers become even angrier, the members of the congregation decided to disperse.

Intimidation and threats towards the HKBP Filadelfia’s congregation takes place every time it tries to conduct a service of worship in the location which it has lawfully bought. On 15 April 2012, for instance, a villager named Aziz openly said to the public that he would kill Rev. Palti Panjaitan, the leader of the church. This person, who is the son of an Islamic leader in that area, repeated his threats and even incited the local residents. “Next week, if they are coming here again, we are going to finish all of them!” which was responded to positively by the mob. “If they are coming here again, I’m going to behead Palti myself! You will see, I’m going to behead Palti myself!” While he was doing this, the Chief Deputy of the Tambun Sub-District Police Station was present but made no attempt to arrest him for inciting the masses, although incitement to commit violence is a crime under Article 160 of the Indonesian Penal Code (KUHP).

Rev. Palti Panjaitan reported the threats to the Jakarta Metropolitan Police yet his complaint was simply ignored by the police. The video of what happened on 15 April 2012 is available in Bahasa Indonesia on http://vimeo.com/40669418.

ADDITIONAL INFORMATION:
According to Rev. Panjaitan, HKBP Filadelfia bought a piece of land in Villa Bekasi Indah Residence where they later built a two-floor building on. However, when they were conducting a service of worship in that building, the local residents came and expressed their disapproval of such building is used as a place of worship by HKBP Filadelfia. The congregation chose to take the local residents’ concern into account and decided to hold the services at the members of the congregation’s house on a rolling basis. Yet, again, in 2006, the local residents objected to the way the congregation conducted their Sunday service.

HKBP Filadelfia later bought another piece of land, still in that area, in 2007. It was clear from the beginning that a church would be built upon the land and this had been agreed by the owner as well as her family and was witnessed by several local residents and the Head of the Village. HKBP Filadelfia also complied with the requirement imposed under the 2006 Joint Regulation of the Minister of Religious Affair and the Home Minister which states that the consent of 60 persons who do not profess the same religion with the applicant is needed for a plan to build a place of worship to be approved by the government, in addition to the requirement that the total of the members of congregation should be 90 persons at the minimum. Despite of the application submitted by HKBP Filadelfia, the local authorities (Regent of Bekasi, Bekasi Office of the Ministry of Religious Affair, the Head of Tambun Utara Sub-District and the Religious Tolerance Forum) did not issue the permit.

On Christmas Day as well as 27 December 2012, HKBP Filadelfia conducted its service on the land which they have bought in compliance with law. Yet the service was welcomed by the local residents with a massive protest, which also took place on 3 January 2010. The congregation decided to hold the service in the Jejalen Jaya Village Auditorium but the local residents also attempted to disperse them. On the same day, the Regent of Bekasi issued a letter ordering HKBP Filadelfia to stop the construction of the church as well as to stop conducting service of worship in that area. Few days later, a meeting which was not attended by the representatives of the church decided that HKBP Filadelfia should not hold its service of worship at the Jejalen Jaya Village Auditorium. After this, there had been repeated attempts from HKBP Filadelfia to hold the service in the land they legally bought yet the service had always been disrupted by the local residents. This case was later brought to the Administrative Court, High Court as well as the Supreme Court and all of the courts ordered the local governments to issue a permit for HKBP Filadelfia to build a church on the land which the congregation had bought. (PHOTO: A board put by the villagers on the location own by the congregation. It reads: ‘Refusing the establishment of church. Disperse illegal service of worship. Take measures against those who intimidate the villagers. We request the officials of Jejalen Jaya village to disperse any service of worship in our village. As soon as possible. The villagers are sick of this.’)

However, even after all courts decided so, the local residents kept disturbing HKBP Filadelfia’s services of worships by intimidating them, leaving faeces as well as animals’ dead bodies and putting some music loudly by the church. On 25 March 2012, the local residents occupied the land owned by HKBP Filadelfia, preventing the congregation to conduct its Sunday service.

An agreement was signed by the representatives of the church and the local residents on 30 March 2012 which one of the clauses reads that the congregation is only allowed to pray in that site on 1, 6 and 8 April 2012. Another point agreed by the parties at that time is that HKBP Filadelfia will be relocated to a location which will be decided later. It later turned out that the alternative location offered by the local government is the office of the Head of Tambun Sub-District which located approximately 15-20 kilometres away from the current location of the church.

The agreement was signed by the church representatives as they were under intimidation and pressure. Whereas there were only five of them who came to the Head of Tambun Utara Sub-District office to discuss about the agreement, it was reported that there were approximately 100 local residents who came there. The meeting was also attended by the Head of the Tambun Utara Sub-District, the Deputy Chief of Tambun Sub-District Police Station, the Legal Head of Bekasi Local Government and the representative of the Religious Tolerance Forum. Yet instead of attempted to control the mass or ensured the meeting was conducted without any pressure or intimidation, the government officials provoked the mob which made it even got angrier.

Under Indonesian private law, any agreement signed in the situation where one of the parties was under pressure or intimidation is null and void. Based on such reason, on 15 April 2012 the congregation insisted to come to the location where their church was supposed to be built on.

SUGGESTED ACTION:
Please write to the authorities listed below asking them to ensure the safety of Rev. Palti Panjaitan and his congregation. The authorities should also put some pressure on the Bekasi Regent to comply with the Courts decisions which upheld that HKBP Filadelfia should be given the permit to build a church on the land they legally bought. Please recall the authorities to repeal any discriminatory laws and regulations, including the 2006 Joint Regulation of the Minister of Religious Affairs and the Home Minister. The police and other law enforcement institutions need also to be reminded that they have to take necessary measures against those who pose intimidation and threats against the congregation of HKBP Filadelfia.

The AHRC is also writing separately to the UN Special Rapporteur on Freedom of Religion or Belief, the UN Independent Expert on Minority Issues and the UN Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression.

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