Nurfika Osman & Antara – Among the many people demanding changes to the 1965 Law on the Prevention of Blasphemy and Abuse of Religion, Sardy, an ordinary Indonesian citizen, told the Constitutional Court on Wednesday that the law had stopped him from fulfilling his dream of becoming a soldier because he did not belong to one of the six state-sanctioned religions.

"I was discriminated against," he said. "In 1995 I had wanted to join the Armed Forces, but did not believe in any of the religions. I believe in the existence of Tuhan Yang Maha Esa [God Almighty]," Sardy told the hearing, part of a judicial review of the law.

Dating back to the last years of the rule of President Sukarno, the law was challenged by the late President Abdurrahman "Gus Dur" Wahid last year for being misused to intimidate minority religions. It recognizes only Islam, Protestantism, Catholicism, Buddhism, Hinduism and Confucianism while banning other creeds as well as alternative interpretations of the recognized religions.

Sardy said that when he was applying to become a soldier he requested a letter certifying his good behavior from the Bekasi Police. Other necessary documentation, including letters from his village administration and his high school diploma, had been prepared.

"The police officer informed me that since I was not a believer of any of the six religions, I could not apply to become a soldier. Why is a believer who steadfastly abides by the Pancasila [the country's five principles] not allowed to defend his own country? This law is in violation of our Constitution," Sardy told the hearing.

Wahyu Wagiman, from the Institute of Policy Research and Advocacy (Elsam), said the law prevented Indonesians from participating in the nation's growth if they did not adhere to faiths recognized by the state.

"Sardy is just one of many who cannot take part in the country's development," he said. "He has goodwill towards his nation. What happened to him is a violation of his human rights. We should not ban him [from protecting the nation]."

Wahyu said the law was in contravention of the country's principle of Unity in Diversity [Bhinneka Tunggal Ika]. "Bhinneka Tunggal Ika means that we are different but we are one. Does this phrase mean nothing to the country?"

Hanief Saha Ghafur, secretary of Middle East and Islamic studies at the University of Indonesia's, said the nation must abide by the content of the 1945 Constitution.

"This [1965] law is unfair because in the fourth line of the Constitution's opening, it states that 'the nation protects all citizens.' This is true, regardless of religious beliefs," he said.

"The country should protect its citizens regardless of their sex, age, race, religion and social status. It is the country's obligation and it cannot be compromised."

"Atheists should also be protected as they are part of the country. There is a contradiction between the opening of the Constitution and Pancasila," Hanief said.

"The big question is: Do we really need this law, and does this law guarantee social order in society?"