Dear Friends,
The Asian Human Rights Commission (AHRC) has received information regarding the prohibition to setting up the church of Gereja Batak Karo Protestan (GBKP) in Pasar Minggu, South Jakarta, Indonesia. Without giving a clear reason, the South Jakarta mayor is reluctant to facilitate the GBKP in obtaining a permit to proceed. The Mayor also appears to have inadequately interpreted the governor of Jakarta’s instructions. Under Article 29 of the Indonesian Constitution, is the guarantee, of the right to freedom of religion and belief, which is not fully respected by the local government. As to the central government, the Minister of Religion has yet to play any role, ensuring that the GBKP’s congregation can proceed in the development of their church.
CASE NARRATIVE:
Since 2004, the GBKP church has filed a building permit (IMB) to develop their church. But they were only given an MB to develop an office or a shop house (ruko). The GBKP has applied the IMB in line with the rules and regulations promulgated by the Joint Ministerial Decree (PBM) No. 8 and No. 9 of 2006. These concern guidelines administered by the Regional Head / Deputy Head for the Maintenance of Religious Harmony, Empowerment Forum for Religious Harmony (FKUB) and the Development of Houses of Worship.
Article 28, paragraph 3 of the Joint Ministerial Decree states: that to establish a church, there should be support from at least 60 people around the church. The GBKP has been supported by 75 local residents around the church with signatures The Governor of Jakarta has ordered the South Jakarta mayor to further facilitate the permit application for the GBKP church. Instructions were given to the GBKP congregation by the Mayor, to temporarily hold worship services at the sub-district office (kantor Kecamatan) in Pasar Minggu.
The South Jakarta mayor misinterpreted and circumvented the Governor’s order by relocating the GBKP’s congregation to the sub-district office. On 23 October 2016, the GBKP congregation was prohibited from worshiping at the Pasar Minggu sub-district office. As the congregation arrived at the office at 07.00 am, entering the office yard, they were stopped and not allowed to enter by the Civil Service Police Unit (Satpol PP).
The congregation tried to negotiate and requested the Satpol PP to open the office gate. They refused, stating that the chair of Pasar Minggu sub-district, Mr. Eko Kardianto, refused to allow the congregation to use the office for worship. Up to now, the South Jakarta mayor has yet to facilitate the permit application for the GBKP church as instructed by the governor.
ADDITIONAL INFORMATION:
Many regulations, either national or local that discriminate against minority religions and beliefs are still in existence. A point of note is the Ministerial Decree (PBM) No. 8 and No. 9 of 2006 concerning guidelines for the Regional Head / Deputy Head of the Maintenance of Religious Harmony, Empowerment Forum for Religious Harmony (FKUB) and the development of houses of worship. The controversial Joint Rules issued by the Minister of Religious Affairs and the Minister of Home Affairs No. 8 and No. 9, demands churches (houses of worship) cannot be established without providing authorities with a list of names and signatures of 90 congregation members. It also needs written support from at least 60 local residents and the village chief. There are many local government regulations that become obstacles in establishing new worship facilities for minority religions and beliefs. Recently, President Joko Widodo ordered a review and an examination of all controversial regulations. Present prohibitions against the establishment of new houses of worship, remain a serious problem.
SUGGESTED ACTION:
Please write to the authorities listed below, asking them to ensure that the permit and development of the GBKP church, Pasar Minggu, be continued. The government, in particular Jakarta`s governor and the South Jakarta mayor must guarantee and ensure that the development of the church be protected. President Joko Widodo and the parliament must see to it that all controversial regulations against freedom of religion and belief be evaluated and removed from the list of legislation.
The AHRC will write a separate letter to the UN Special Rapporteur on freedom of religion or belief calling for his intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ………………..,
INDONESIA : GBKP Church congregation prohibited from establishing a house of worship
Name of victims : Congregation of Gereja Batak Karo Protestan (GBKP) Pasar Minggu
Names of alleged perpetrators : Mayor of South Jakarta city and Civil Service Police Unit (Satpol PP)
Date of incident : 23 October 2016
Place of incident : Pasar Minggu, South Jakarta
I am writing to voice my deep concern regarding the prohibition to setting up the church of Gereja Batak Karo Protestan (GBKP) in Pasar Minggu, South Jakarta, Indonesia. Without giving a clear reason, the South Jakarta mayor is reluctant to facilitate the GBKP in obtaining a permit to proceed. The Mayor also appears to have inadequately interpreted the governor of Jakarta’s instructions. Under Article 29 of the Indonesian Constitution, is the guarantee, of the right to freedom of religion and belief, which is not fully respected by the local government. As to the central government, the Minister of Religion has yet to play any role, ensuring that the GBKP’s congregation can proceed in the development of their church.
Since 2004, the GBKP church has filed a building permit (IMB) to develop their church. But they were only given an MB to develop an office or a shop house (ruko). The GBKP has applied the IMB in line with the rules and regulations promulgated by the Joint Ministerial Decree (PBM) No. 8 and No. 9 of 2006. These concern guidelines administered by the Regional Head / Deputy Head for the Maintenance of Religious Harmony, Empowerment Forum for Religious Harmony (FKUB) and the Development of Houses of Worship.
Article 28, paragraph 3 of the Joint Ministerial Decree states: that to establish a church, there should be support from at least 60 people around the church. The GBKP has been supported by 75 local residents around the church with signatures The Governor of Jakarta has ordered the South Jakarta mayor to further facilitate the permit application for the GBKP church. Instructions were given to the GBKP congregation by the Mayor, to temporarily hold worship services at the sub-district office (kantor Kecamatan) in Pasar Minggu.
The South Jakarta mayor misinterpreted and circumvented the Governor’s order by relocating the GBKP’s congregation to the sub-district office. On 23 October 2016, the GBKP congregation was prohibited from worshiping at the Pasar Minggu sub-district office. As the congregation arrived at the office at 07.00 am, entering the office yard, they were stopped and not allowed to enter by the Civil Service Police Unit (Satpol PP).
The congregation tried to negotiate and requested the Satpol PP to open the office gate. They refused, stating that the chair of Pasar Minggu sub-district, Mr. Eko Kardianto, refused to allow the congregation to use the office for worship. Up to now, the South Jakarta mayor has yet to facilitate the permit application for the GBKP church as instructed by the governor.
Therefore, I respectfully request that you ensure the permit and development of the GBKP church Pasar Minggu is continued. Jakarta`s governor and the South Jakarta mayor must guarantee and ensure that development of the church is protected. President Joko Widodo and the parliament must see to it that all controversial regulations against freedom of religion and belief be evaluated and removed from the list of legislation.
I look forward to your prompt action in this matter.
Yours Sincerely,
……………….
PLEASE SEND YOUR LETTERS TO:
1. Mr. Joko Widodo
President of the Republic of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel: +62 21 3458 595
Fax: +62 21 3484 4759
E-mail: webmaster@setneg.go.id
2. Mr. Yasonna Laoly
Minister of Law and Human Rights
Jl. HR Rasuna Said Kav. 6–7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 525 3006, 525 3889
Fax: +62 21 525 3095
3. Dr. Mualimin Abdi SH., MH
Director General of Human Rights
Office of the Director General of Human Rights
Jl. HR Rasuna Said Kav. 6–7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 5253006
Fax: +62 21 5253095
4. General Pol. Drs. H.M. Tito Karnavian, M.A., Ph.D
Chief of National Police (KAPOLRI)
Jl. Trunojoyo No. 3 KebayoranBaru, Jakarta Selatan 12110
INDONESIA
Tel: +62 21 384 8537, 726 0306
Fax: +62 21 7220 669
E-mail: info@polri.go.id
5. Ms. Poengky Indarti
Commissioner of the National Police Commission
Jl. Tirtayasa VII No. 20
KebayoranBaru, Jakarta Selatan
INDONESIA
Tel: +62 21 739 2315
Fax: +62 21 739 2352
E-mail: secretariat@kompolnas.go.id, skm@kompolnas.go.id
6. Professor. Amzulian Rifai S.H, LL.M, PhD
Chairperson of Ombudsman of Republic of Indonesia
Jl. HR. Rasuna Said Kav. C-19 Kuningan (GedungPengadilan TIPIKOR) Jakarta Selatan
INDONESIA
Tel: +62 21 52960894/95
Fax: +62 21-52960904/05
7. Dr. HM. Azis Syamsuddin, SH
Chairperson of the Commission III of The House of Representative
KetuaKomisi III DPR RI
Gedung Nusantara II DPR RI, Lt I
JalanJenderalGatotSubroto, Jakarta,
INDONESIA
Telp : +62 21 -5715566, +62 21-5715569, +62 21-5715864
Fax : +62 21 5715566
8. Mr. Lukman Hakim Saifuddin
Minister of Religion (Menteri Agama)
Jl. Lap. Banteng Barat 3-4Jakarta 10710
INDONESIA
Tel.: +62 21 3811720
Fax.: +62 21 3811436
9. M. Imdadun Rahmat
Chairperson of the National Commission on Human Rights (Komnas HAM)
Jl. Latuharhary No. 4-B
Jakarta 10310
INDONESIA
Tel: +62 21 392 5227-30
Fax: +62 21 392 5227
E-mail: info@komnas.go.id
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
