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Failure to revise blasphemy law would 'limit role of religion'

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Jakarta Post - March 20, 2010

Arghea Desafti Hapsari, Jakarta – Two more experts recommended Friday that the controversial 1965 Blasphemy Law be revised as critics warned of civil conflict if the law was changed.

The call came from noted intellectual Jalaludin Rakhmat and anthropologist Ahmad Fedyani Saifuddin.

Jalaludin said that while the country needed a law to regulate blasphemy, the law should not be used to criminalize those who developed new interpretations of religious dogmas.

But an expert witness presented by the government, Khofifah Indar Parawangsa, contested the views of the two experts, arguing that possible horizontal conflict was inevitable should the court decide to revoke the law.

Jalaludin said, "In the history of Islam, interpretations are omnipresent. Religion has been relevant through the ages because of new reconstructions in people's understanding [of it]. "If we allow the blasphemy law to limit the reconstruction [process], we limit the role of religion."

Jalaludin was testifying at the Constitutional Court as an expert. The court has been holding hearings since early February. Several human rights activists and pluralism supporters have contested several articles in the law, which stipulates the state's authority to dissolve religious groups whose teachings are deemed heretic by religious authorities.

"The 1965 Blasphemy Law continues to restrict religious freedom, or discriminate against certain religious groups. Even an elementary knowledge of human rights and glancing at those who have fallen victim to the law suggest that the blasphemy law has disadvantaged minority groups," he added.

Ahmad said Indonesians lived in a different condition from the 1960s, when the government focused on ensuring national integration and pacifying the revolution and the guided democracy.

"In this political context the regulations on religion were strict in order to minimize possible political chaos resulting from friction in society. This policy was considered relevant and logic at the time," he added.

But that is no longer the case, he told the court, as people in the 21st century transformed from its earlier position as an object to being regarded as a reasonable human who could, produce, create, innovate and even manipulate.

"We can call this age a time of global democracy, upholding human rights. One right is the freedom to express one's mind, feelings and aspirations, including in a religious context."

Khofifah warned that the potential danger of revoking the law was too great to ignore.

"Majority groups will apply their interpretations of blasphemy or heresy. Should this happen, the potential victims are minority groups including women and children," she said.

She also acknowledged that the 45-year-old law needed revising to ensure more public participation in dialogue between and among followers of religions in the country so that "they could advise religious sects that tend to be heretic".

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