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In 2010, several human rights organisations in Indonesia requested that the Constitutional Court review and repeal the religious blasphemy law, arguing that it is in violation of the 1945 Constitution, which guarantees and protects the rights to the freedom of expression and religion, as well as the right to be protected from discrimination. However, the Court refused their arguments and stated that: “the Indonesian Constitution does not give any room for the freedom to encourage people not to have a religion, to promote anti-religion and to insult or stain religious teachings or books which are the sources of religious faith or to stain God’s name. This element is what distinguishes the main difference between Indonesia’s concept of state law and the Western one.”
A Joint Declaration on Defamation of Religions, and Anti-Terrorism, and Anti-Extremist Legislation issued in 2008 by the UN Special Rapporteur on Freedom of Opinion and Expression, the OSCE Representatives on Freedom of the Media, the OAS Special Rapporteur on Freedom of Expression and the ACHPR Special Rapporteur on Freedom of Expression and Access to Information, establishes that the concept of religious blasphemy is not in accordance with international human rights standards. The Joint Declaration further asserts that religious blasphemy is an illegitimate restriction of freedom of expression which should only be limited in scope to the protection of overriding individual rights and social interests. Views expressed in the Joint Declaration have also been reiterated by the Special Rapporteur on the protection and promotion of freedom of opinion and expression in his joint report with the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance in 2006.

The issue of discriminatory laws, decrees and by-laws in Indonesia was raised by several states during Indonesia’s recent Universal Periodic Review, on May 23, 2012. New Zealand explicitly recommended that the Indonesian government “Review existing laws and policies and repeal or amend where necessary to ensure their compatibility with the right to freedom of religion or belief, in line with Indonesia’s Constitution and its international obligations.” A similar recommendation was made by Norway, which called on Indonesia to “ensure that all ministerial decrees regulating religious life, as well as all local religiously founded bylaws, are in conformity with international human rights law.” Switzerland also called on the Indonesian government to “review laws and decrees currently in force restricting the freedoms of religion, opinion, and of expression, in order to prevent any risk of discrimination.” The Indonesian government accepted these recommendations, and the ALRC urges the government to immediately begin taking steps to ensure that these are implemented.
Indonesia also accepted a recommendation made by the Republic of Korea concerning the need to facilitate a country visit by the UN Special Rapporteur on freedom of expression and opinion, and the ALRC urges the government to ensure that this visit can take place without delay or obstruction.
The ALRC is, however, disappointed that the government of Indonesia did not accept a specific recommendation by the government of Denmark, which, if implemented, would likely have a concrete, positive effect on the protection of the freedoms of expression and religion. This recommendation calls on the government of Indonesia to “amend or revoke laws and decrees that limit the right to freedom of thought, conscience and religion, including the 1965 Blasphemy Law, the 1969 and 2006 ministerial decrees on building houses of worship and religious harmony and the 2008 Joint Ministerial Decree on Ahmadiyah to bring these laws into line with international human rights standards.”
Given the above, the Asian Legal Resource Centre requests the intervention of the members of the Human Rights Council as well as its Special Procedures, notably the Special Rapporteur on the promotion and protection of freedom of expression and the Special Rapporteur on freedom of religion or belief, with the government of Indonesia, in order to urge it to:
a. Comply with its international obligations, notably under the ICCPR, concerning freedom of expression, by revoking Article 156a of the KUHP as well as Law No.1/PNPS/1965, which criminalise religious blasphemy and the dissemination of atheism, as well as by putting an immediate halt to all prosecutions against individuals and members of religious minority groups under these provisions;
b. Ensure effective, impartial and prompt investigations into all allegations of threats, acts of intimidation and attacks against members of religious minority groups, and ensure the prosecution of those responsible and adequate reparation to victims, in line with international laws and standards;
c. Ensure full and effective cooperation with the Human Rights Council’s Special Procedures, including by issuing a standing invitation to all its mandates and enabling a country visit by the Special Rapporteur on the promotion and protection of freedom of expression as a priority.
d. Ensure immediate action to begin the implementation of recommendations concerning the freedoms of expression and religion that were accepted during Indonesia’s second cycle of the Universal Periodic Review, notably those made by New Zealand, Norway and Switzerland.
e. Accept without delay and ensure the swift implementation of the recommendation made by Denmark during the UPR, concerning the need to amend or revoke laws and decrees that limit the right to freedom of thought, conscience and religion, including the 1965 Blasphemy Law, the 1969 and 2006 ministerial decrees on building houses of worship and religious harmony and the 2008 Joint Ministerial Decree on Ahmadiyah, to bring these laws into line with international human rights standards.