Jacobus E. Lato – The start of 2026 has brought cautious optimism to Indonesia's religious minority communities following the ratification of a new Criminal Code that promises greater protection for freedom of worship in the world's most populous Muslim-majority country.
President Prabowo Subianto recently ratified the new Criminal Code, which government officials say is intended to ensure security and social harmony for all religious groups. The code began phased implementation on Jan. 2, 2026.
Article 305 of the code criminalizes acts against places of worship and religious objects. It states that anyone who desecrates a building used for worship or religious ceremonies, or objects associated with religious practices or beliefs, may face up to one year in prison or a category II fine amounting to a maximum of 10 million rupiah (US$590).
More serious offenses, such as unlawfully damaging or burning places of worship, carry penalties of up to five years in prison or a category V fine, which could be as much as 500 million rupiah.
While the provisions have been welcomed by minority communities, critics say the law's effectiveness will depend largely on enforcement – and on the government's political will.
Peter Selestinus, a prominent lawyer affiliated with the opposition Indonesian Democratic Party of Struggle (PDI-P), expressed skepticism, arguing that the new Criminal Code retains what he described as "feudal" characteristics.
"The feudal character remains in the new Criminal Code, and it creates uncertainty," Selestinus said. "We still do not know President Prabowo's firm stance on protecting religious minority life."
He added that several articles annulled by Indonesia's Constitutional Court in the previous Criminal Code have been reintroduced by lawmakers and the government, making the new law "repressive in nature."
Concerns about enforcement are echoed by those who have defended minority communities on the ground.
Attorney Siprianus Edy Hamdun recalled intervening when fewer than two dozen protesters demanded the suspension of renovations at Saint Vincentius A. Paulo Catholic Church in Gunung Putri Parish, Jonggol, West Java, just hours before Christmas in 2025.
"I believe feudalistic characteristics still influence our laws, causing them to yield to intolerant pressure," Hamdun said. "This problem is worsened by the frequent absence of government authorities when minorities face confrontations with intolerant groups."
He said the demonstrators lacked any legal basis for their actions. "They simply do not want a peaceful atmosphere in the area," he said, adding that such protests often aim to prevent different faiths from living side by side or establishing houses of worship.
Hamdun called on the government and security forces to educate the public about the law and Indonesia's state ideology, Pancasila, and to ensure protection for minorities facing intimidation or violence.
Father Aloysius Widyawan Louis, dean of the Faculty of Philosophy at Widya Mandala Catholic University, said the state has frequently failed to protect minorities, even after churches – including one where he serves – were targeted by terrorist bombings in the past.
"Sometimes the authorities even participate in persecuting minorities under the pretext of calming the anger of the majority," he said, citing protests against minority houses of worship.
In many cases, he said, authorities have focused on "securing church congregations or church officials" rather than dispersing demonstrators, and have instead sealed churches.
"The authorities remain silent while the masses engage in destructive acts," he said. "They listen more to the voice of the majority than to the constitutional rights of victims. Vulnerable groups such as the elderly, women, and children are often left unprotected."
Aloysius said regulations in Indonesia are often introduced without sufficient education, advocacy or consistent enforcement. While acknowledging government efforts to promote religious moderation, he said much of that work has been carried out by civil society.
"Many civil society networks now provide education on religious moderation and advocate for victims of persecution," he said. "They address not only religious diversity, but also social, political, economic, cultural and environmental issues."
However, he noted that such networks often face internal challenges driven by political and economic interests.
The complex relationship between religion and power in Indonesia has long been analyzed by scholars. Indonesian intellectual Daniel Dhakidae wrote that religion and the state function as "two sides of the same coin," capable of both uniting and dividing society.
In his book Cendekiawan dan Kekuasaan dalam Negara Orde Baru (Intellectuals and Power in the New Order State), Dhakidae argued that during the authoritarian New Order era under President Suharto, "religion was a tool of the state, and the state was also a tool of religion."
For minority advocates, the new Criminal Code offers hope – but no guarantees.
Bonar Tigor Naipospos, deputy chair of the Setara Institute for Democracy and Peace, said harassment of minority worshippers is likely to continue, often justified by claims that worship must take place only in officially licensed buildings.
"Everything depends on law enforcement," he said. "It also depends on whether local governments uphold the constitution or prioritize political accommodation."
Though Naipospos' assessment may sound pessimistic, it reflects decades of advocacy experience. For Indonesia's grassroots religious minorities, the coming years will test whether the new law becomes a genuine safeguard – or whether they remain vulnerable to intimidation, exclusion and potential criminalization.
[The views expressed in this article are those of the author and do not necessarily reflect the official editorial position of UCA News.]
Source: https://www.ucanews.com/news/indonesias-new-criminal-code-offers-hope-for-religious-minorities/11162