Indonesia is reviewing its 1965 Blasphemy Law, a law brought in by then-President Sukarno, who, activists say, used the law to repress minority religions.

Under the criminal code, leaders and followers of religions, or cults, suspected of heresy can be charged and face a maximum penalty of five years jail. A judicial review was prompted by concerns raised by human rights organisations that the hundreds of people estimated to have been jailed under the law were simply exercising their right to freedom of religion.

Presenter: Bo Hill

Speakers: Dr Amidhan Sheberah, Chairman Indonesian Ulema Council; Professor Abdurrahman Mas'ud, Chair of research division Indonesia's Ministry of Religious Affairs; Tobias Basuki, Director of Research and Studies Institut Leimena Jakarta

Hill: It's nearly half a century old... created by President Sukarno, and implemented by Suharto – reflecting a fledging independent nation who's constitution was based on nationalism and Islam. Indonesia's Blasphemy Law makes it illegal for anyone to express hatred or contempt for religion... and Dr Amidhan Sheberah from the Indonesian Ulema Council, says it still works because it maintains law and order.

Amidhan: If there's not the law to protect the blasphemy of others, I think there will be chaos in the society.

Hill: But now the 1965 Blasphemy Law is under review – with Jakarta's Constitutional Court given until the middle of this year to decide whether the law should be changed. And the lines have clearly been drawn, says Abdurrahman Mas'ud, from the Ministry of Religious Affairs.

Mas'ud: Now it's a kind of struggle actually between protection of religion and freedom of religion.

Hill: The chief of Indonesia's Commission on Human Rights, Ifdhal Kasim, told the review this week the 45 year old law clashes with Indonesia's amended Constitution. He says the new system is more advanced in its protection of human rights. Dr Amidhan from the Indonesian Ulema Council, says the Blasphemy Law already provides enough protection in its own way.

Amidhan: I don't think the state discriminates the other religion because the law protect all religions – big or small religion, majority or minority, there is no discrimination in the law.

Hill: But opponents are troubled. Tobias Basuki, a non-Muslim, has spoken out publicly against the law.

Basuki: I believe this is more about freedom of conscience and freedom of rights because basically a persons conscience cannot be dictated on what they want to believe and what they feel they believe in. And that's what is often being prosecuted. Basically any activity that deviates from the teaching of the main majority religion is prosecutable under the law.

Hill: Dr Amidhan from the Indonesian Ulema Council says that's just the point, which is why in 2005 Lia Eden was found guilty of blasphemy.

Amidhan: LIke Lia Eden – she says has received revelation from Gabriel, the angel. This I think is blasphemy. This is a deviaiton from the main teaching of religion.

Hill: During last years' presidential elections, Dr Amidhan and several other Islamic leaders warned MPs and voters not to bring religion into politics. Professor Abdurrahman Mas'ud, from the Ministry of Religious Affairs, says so far the government is heeding that advice.

Mas'ud: There's two sides arguing right now, and the government is trying to be mediator.

Hill: He says, however, the government plans to draft a bill over the next four years to enshrine in the constitution both freedom of religion and protection of religion. And, says Professor Mas'ud, he hopes that will provide a solution for the "contested conversation."