Islam, Blasphemy, and Human Rights in Indonesia

Islam, Blasphemy, and Human Rights in Indonesia

Author: Daniel Peterson

Publisher: Routledge

Published: 2020-01-07

Total Pages: 199

ISBN-13: 1000765024

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Using the high-profile 2017 blasphemy trial of the former governor of Jakarta, Basuki ‘Ahok’ Tjahaja Purnama, as its sole case study, this book assesses whether Indonesia’s liberal democratic human rights legal regime can withstand the rise of growing Islamist majoritarian sentiment. Specifically, this book analyses whether a 2010 decision of Indonesia’s Constitutional Court has rendered the liberal democratic human rights guarantees contained in Indonesia’s 1945 Constitution ineffective. Key legal documents, including the indictment issued by the North Jakarta Attorney-General and General Prosecutor, the defence’s ‘Notice of Defence’, and the North Jakarta State Court’s convicting judgment, are examined. The book shows how Islamist majoritarians in Indonesia have hijacked human rights discourse by attributing new, inaccurate meanings to key liberal democratic concepts. This has provided them with a human rights law-based justification for the prioritisation of the religious sensibilities and religious orthodoxy of Indonesia’s Muslim majority over the fundamental rights of the country’s religious minorities. While Ahok’s conviction evidences this, the book cautions that matters pertaining to public religion will remain a site of contestation in contemporary Indonesia for the foreseeable future. A groundbreaking study of the Ahok trial, the blasphemy law, and the contentious politics of religious freedom and cultural citizenship in Indonesia, this book will be of interest to academics working in the fields of religion, Islamic studies, religious studies, law and society, law and development, law reform, constitutionalism, politics, history and social change, and Southeast Asian studies.


Book Synopsis Islam, Blasphemy, and Human Rights in Indonesia by : Daniel Peterson

Download or read book Islam, Blasphemy, and Human Rights in Indonesia written by Daniel Peterson and published by Routledge. This book was released on 2020-01-07 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using the high-profile 2017 blasphemy trial of the former governor of Jakarta, Basuki ‘Ahok’ Tjahaja Purnama, as its sole case study, this book assesses whether Indonesia’s liberal democratic human rights legal regime can withstand the rise of growing Islamist majoritarian sentiment. Specifically, this book analyses whether a 2010 decision of Indonesia’s Constitutional Court has rendered the liberal democratic human rights guarantees contained in Indonesia’s 1945 Constitution ineffective. Key legal documents, including the indictment issued by the North Jakarta Attorney-General and General Prosecutor, the defence’s ‘Notice of Defence’, and the North Jakarta State Court’s convicting judgment, are examined. The book shows how Islamist majoritarians in Indonesia have hijacked human rights discourse by attributing new, inaccurate meanings to key liberal democratic concepts. This has provided them with a human rights law-based justification for the prioritisation of the religious sensibilities and religious orthodoxy of Indonesia’s Muslim majority over the fundamental rights of the country’s religious minorities. While Ahok’s conviction evidences this, the book cautions that matters pertaining to public religion will remain a site of contestation in contemporary Indonesia for the foreseeable future. A groundbreaking study of the Ahok trial, the blasphemy law, and the contentious politics of religious freedom and cultural citizenship in Indonesia, this book will be of interest to academics working in the fields of religion, Islamic studies, religious studies, law and society, law and development, law reform, constitutionalism, politics, history and social change, and Southeast Asian studies.

Religious Minorities, Islam and the Law

Religious Minorities, Islam and the Law

Author: Al Khanif

Publisher: Routledge

Published: 2020-09-03

Total Pages: 215

ISBN-13: 1000168565

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This book examines the legal conundrum of reconciling international human rights law in a Muslim majority country and identifies a trajectory for negotiating the protection of religious minorities within Islam. The work explores the history of religious minorities within Islam in Indonesia, which contains the world’s largest Muslim population, as well as the present-day ways by which the government may address issues through reconciling international human rights law and Islamic law. Given the context of multiple sets of religious norms in Indonesia, this is a complicated endeavour. In addition to amending and enacting human rights norms, the government is also negotiating with the long history of Islamisation in Indonesia. Particularly relevant is the practice of customary law, which puts the rights of community over individualism. This practice directly affects the rights of religious minorities within Islam. Readers, especially those conducting research, will also be provided with information and references which are relevant to the field of human rights, especially in relation to religious minorities and international law. The book will be a valuable resource for academics and researchers in the fields of International Human Rights Law, Law and Religion, and Islamic Studies.


Book Synopsis Religious Minorities, Islam and the Law by : Al Khanif

Download or read book Religious Minorities, Islam and the Law written by Al Khanif and published by Routledge. This book was released on 2020-09-03 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the legal conundrum of reconciling international human rights law in a Muslim majority country and identifies a trajectory for negotiating the protection of religious minorities within Islam. The work explores the history of religious minorities within Islam in Indonesia, which contains the world’s largest Muslim population, as well as the present-day ways by which the government may address issues through reconciling international human rights law and Islamic law. Given the context of multiple sets of religious norms in Indonesia, this is a complicated endeavour. In addition to amending and enacting human rights norms, the government is also negotiating with the long history of Islamisation in Indonesia. Particularly relevant is the practice of customary law, which puts the rights of community over individualism. This practice directly affects the rights of religious minorities within Islam. Readers, especially those conducting research, will also be provided with information and references which are relevant to the field of human rights, especially in relation to religious minorities and international law. The book will be a valuable resource for academics and researchers in the fields of International Human Rights Law, Law and Religion, and Islamic Studies.

Islam and Politics in Indonesia: Freedom of Religion or Belief and the influence of Islamic actors

Islam and Politics in Indonesia: Freedom of Religion or Belief and the influence of Islamic actors

Author: Tobias Hoheneder

Publisher: Anchor Academic Publishing

Published: 2018-08-15

Total Pages: 88

ISBN-13: 3960677197

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In most Islamic societies, freedom of religion or belief is not a reality for religious minorities. Indonesia, home of the biggest Muslim population in the world, is a positive exception in this regard. The country was always a role model for the peaceful co-existence of diverse religious and cultural traditions, but in recent years, Islamic fundamentalist groups challenge the country’s tolerant and pluralistic identity. This book inquires the development of freedom of religion or belief from a political, legal and religious perspective. It analyzes the laws and mechanisms that protect the rights of minorities and traces the role of the country’s most important Islamic organizations and the influence they have on national policy-making. It finally points out possible future developments and how the government can counter the threat of militant Islamism and preserve Indonesia’s tolerant traditions.


Book Synopsis Islam and Politics in Indonesia: Freedom of Religion or Belief and the influence of Islamic actors by : Tobias Hoheneder

Download or read book Islam and Politics in Indonesia: Freedom of Religion or Belief and the influence of Islamic actors written by Tobias Hoheneder and published by Anchor Academic Publishing. This book was released on 2018-08-15 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: In most Islamic societies, freedom of religion or belief is not a reality for religious minorities. Indonesia, home of the biggest Muslim population in the world, is a positive exception in this regard. The country was always a role model for the peaceful co-existence of diverse religious and cultural traditions, but in recent years, Islamic fundamentalist groups challenge the country’s tolerant and pluralistic identity. This book inquires the development of freedom of religion or belief from a political, legal and religious perspective. It analyzes the laws and mechanisms that protect the rights of minorities and traces the role of the country’s most important Islamic organizations and the influence they have on national policy-making. It finally points out possible future developments and how the government can counter the threat of militant Islamism and preserve Indonesia’s tolerant traditions.

Religion, Law and Intolerance in Indonesia

Religion, Law and Intolerance in Indonesia

Author: Tim Lindsey

Publisher: Routledge

Published: 2016-05-20

Total Pages: 430

ISBN-13: 1317327802

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Despite its overwhelmingly Muslim majority, Indonesia has always been seen as exceptional for its diversity and pluralism. In recent years, however, there has been a rise in "majoritarianism", with resurgent Islamist groups pushing hard to impose conservative values on public life – in many cases with considerable success. This has sparked growing fears for the future of basic human rights, and, in particular, the rights of women and sexual and ethnic minority groups. There have, in fact, been more prosecutions of unorthodox religious groups since the fall of Soeharto in 1998 than there were under the three decades of his authoritarian rule. Some Indonesians even feel that the pluralism they thought was constitutionally guaranteed by the national ideology, the Pancasila, is now under threat. This book contains essays exploring these issues by prominent scholars, lawyers and activists from within Indonesia and beyond, offering detailed accounts of the political and legal implications of rising resurgent Islamism in Indonesia. Examining particular cases of intolerance and violence against minorities, it also provides an account of the responses offered by a weak state that now seems too often unwilling to intervene to protect vulnerable minorities against rising religious intolerance.


Book Synopsis Religion, Law and Intolerance in Indonesia by : Tim Lindsey

Download or read book Religion, Law and Intolerance in Indonesia written by Tim Lindsey and published by Routledge. This book was released on 2016-05-20 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite its overwhelmingly Muslim majority, Indonesia has always been seen as exceptional for its diversity and pluralism. In recent years, however, there has been a rise in "majoritarianism", with resurgent Islamist groups pushing hard to impose conservative values on public life – in many cases with considerable success. This has sparked growing fears for the future of basic human rights, and, in particular, the rights of women and sexual and ethnic minority groups. There have, in fact, been more prosecutions of unorthodox religious groups since the fall of Soeharto in 1998 than there were under the three decades of his authoritarian rule. Some Indonesians even feel that the pluralism they thought was constitutionally guaranteed by the national ideology, the Pancasila, is now under threat. This book contains essays exploring these issues by prominent scholars, lawyers and activists from within Indonesia and beyond, offering detailed accounts of the political and legal implications of rising resurgent Islamism in Indonesia. Examining particular cases of intolerance and violence against minorities, it also provides an account of the responses offered by a weak state that now seems too often unwilling to intervene to protect vulnerable minorities against rising religious intolerance.

Blasphemy, Islam and the State

Blasphemy, Islam and the State

Author: Stewart Fenwick

Publisher: Taylor & Francis

Published: 2016-10-04

Total Pages: 208

ISBN-13: 1315527685

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This book draws on the work of Rawls to explore the interaction between faith, law and the right to religious freedom in post-Soeharto Indonesia, the world’s largest democracy after India and the United States. It argues that enforcement of Islamic principles by the state is inconsistent with religious diversity and the country’s liberal constitution. The book thus contributes to understanding the role of religion in the development of democracy in the world’s largest Muslim nation. A key objective is to test the argument that Rawls’ thinking about public reason cannot apply to the case of Indonesia, and Muslim states more broadly. The book therefore contributes to emerging scholarship that considers Rawls in a Muslim context. In addition to examining public reason in detail and considering critiques of the concept, the work highlights the fact that the theory was created to deal with value pluralism and is therefore relevant in any religious setting, including an Islamic one. In doing so, it emphasises that Islam is multifaceted and demonstrates the difficulties, and negative consequences, of integrating faith and law in a liberal state.


Book Synopsis Blasphemy, Islam and the State by : Stewart Fenwick

Download or read book Blasphemy, Islam and the State written by Stewart Fenwick and published by Taylor & Francis. This book was released on 2016-10-04 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book draws on the work of Rawls to explore the interaction between faith, law and the right to religious freedom in post-Soeharto Indonesia, the world’s largest democracy after India and the United States. It argues that enforcement of Islamic principles by the state is inconsistent with religious diversity and the country’s liberal constitution. The book thus contributes to understanding the role of religion in the development of democracy in the world’s largest Muslim nation. A key objective is to test the argument that Rawls’ thinking about public reason cannot apply to the case of Indonesia, and Muslim states more broadly. The book therefore contributes to emerging scholarship that considers Rawls in a Muslim context. In addition to examining public reason in detail and considering critiques of the concept, the work highlights the fact that the theory was created to deal with value pluralism and is therefore relevant in any religious setting, including an Islamic one. In doing so, it emphasises that Islam is multifaceted and demonstrates the difficulties, and negative consequences, of integrating faith and law in a liberal state.

Law and Religion in Indonesia

Law and Religion in Indonesia

Author: Melissa Crouch

Publisher: Routledge

Published: 2013-11-12

Total Pages: 282

ISBN-13: 1134508360

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Understanding and managing inter-religious relations, particularly between Muslims and Christians, presents a challenge for states around the world. This book investigates legal disputes between religious communities in the world’s largest majority-Muslim, democratic country, Indonesia. It considers how the interaction between state and religion has influenced relations between religious communities in the transition to democracy. The book presents original case studies based on empirical field research of court disputes in West Java, a majority-Muslim province with a history of radical Islam. These include criminal court cases, as well as cases of judicial review, relating to disputes concerning religious education, permits for religious buildings and the crime of blasphemy. The book argues that the democratic law reform process has been influenced by radical Islamists because of the politicization of religion under democracy and the persistence of fears of Christianization. It finds that disputes have been localized through the decentralization of power and exacerbated by the central government’s ambivalent attitude towards radical Islamists who disregard the rule of law. Examining the challenge facing governments to accommodate minorities and manage religious pluralism, the book furthers understanding of state-religion relations in the Muslim world. This accessible and engaging book is of interest to students and scholars of law and society in Southeast Asia, was well as Islam and the state, and the legal regulation of religious diversity.


Book Synopsis Law and Religion in Indonesia by : Melissa Crouch

Download or read book Law and Religion in Indonesia written by Melissa Crouch and published by Routledge. This book was released on 2013-11-12 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding and managing inter-religious relations, particularly between Muslims and Christians, presents a challenge for states around the world. This book investigates legal disputes between religious communities in the world’s largest majority-Muslim, democratic country, Indonesia. It considers how the interaction between state and religion has influenced relations between religious communities in the transition to democracy. The book presents original case studies based on empirical field research of court disputes in West Java, a majority-Muslim province with a history of radical Islam. These include criminal court cases, as well as cases of judicial review, relating to disputes concerning religious education, permits for religious buildings and the crime of blasphemy. The book argues that the democratic law reform process has been influenced by radical Islamists because of the politicization of religion under democracy and the persistence of fears of Christianization. It finds that disputes have been localized through the decentralization of power and exacerbated by the central government’s ambivalent attitude towards radical Islamists who disregard the rule of law. Examining the challenge facing governments to accommodate minorities and manage religious pluralism, the book furthers understanding of state-religion relations in the Muslim world. This accessible and engaging book is of interest to students and scholars of law and society in Southeast Asia, was well as Islam and the state, and the legal regulation of religious diversity.

Islam, the Constitution, and Human Rights

Islam, the Constitution, and Human Rights

Author:

Publisher:

Published: 2010

Total Pages: 238

ISBN-13: 9786029529524

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Book Synopsis Islam, the Constitution, and Human Rights by :

Download or read book Islam, the Constitution, and Human Rights written by and published by . This book was released on 2010 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Human Rights in Indonesia and East Timor

Human Rights in Indonesia and East Timor

Author: Diane Orentlicher

Publisher: Asia

Published: 1989

Total Pages: 286

ISBN-13:

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7. Freedom of expression


Book Synopsis Human Rights in Indonesia and East Timor by : Diane Orentlicher

Download or read book Human Rights in Indonesia and East Timor written by Diane Orentlicher and published by Asia. This book was released on 1989 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: 7. Freedom of expression

Law and Religion in Indonesia

Law and Religion in Indonesia

Author: Melissa Crouch

Publisher: Routledge

Published: 2013-11-12

Total Pages: 241

ISBN-13: 1134508298

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Understanding and managing inter-religious relations, particularly between Muslims and Christians, presents a challenge for states around the world. This book investigates legal disputes between religious communities in the world’s largest majority-Muslim, democratic country, Indonesia. It considers how the interaction between state and religion has influenced relations between religious communities in the transition to democracy. The book presents original case studies based on empirical field research of court disputes in West Java, a majority-Muslim province with a history of radical Islam. These include criminal court cases, as well as cases of judicial review, relating to disputes concerning religious education, permits for religious buildings and the crime of blasphemy. The book argues that the democratic law reform process has been influenced by radical Islamists because of the politicization of religion under democracy and the persistence of fears of Christianization. It finds that disputes have been localized through the decentralization of power and exacerbated by the central government’s ambivalent attitude towards radical Islamists who disregard the rule of law. Examining the challenge facing governments to accommodate minorities and manage religious pluralism, the book furthers understanding of state-religion relations in the Muslim world. This accessible and engaging book is of interest to students and scholars of law and society in Southeast Asia, was well as Islam and the state, and the legal regulation of religious diversity.


Book Synopsis Law and Religion in Indonesia by : Melissa Crouch

Download or read book Law and Religion in Indonesia written by Melissa Crouch and published by Routledge. This book was released on 2013-11-12 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding and managing inter-religious relations, particularly between Muslims and Christians, presents a challenge for states around the world. This book investigates legal disputes between religious communities in the world’s largest majority-Muslim, democratic country, Indonesia. It considers how the interaction between state and religion has influenced relations between religious communities in the transition to democracy. The book presents original case studies based on empirical field research of court disputes in West Java, a majority-Muslim province with a history of radical Islam. These include criminal court cases, as well as cases of judicial review, relating to disputes concerning religious education, permits for religious buildings and the crime of blasphemy. The book argues that the democratic law reform process has been influenced by radical Islamists because of the politicization of religion under democracy and the persistence of fears of Christianization. It finds that disputes have been localized through the decentralization of power and exacerbated by the central government’s ambivalent attitude towards radical Islamists who disregard the rule of law. Examining the challenge facing governments to accommodate minorities and manage religious pluralism, the book furthers understanding of state-religion relations in the Muslim world. This accessible and engaging book is of interest to students and scholars of law and society in Southeast Asia, was well as Islam and the state, and the legal regulation of religious diversity.

Islam Beyond Conflict

Islam Beyond Conflict

Author: Azyumardi Azra

Publisher: Ashgate Publishing, Ltd.

Published: 2008-01-01

Total Pages: 264

ISBN-13: 9780754670926

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This volume explores the extent to which moderate Indonesian Islam is able to assimilate leading concepts from Western political theory. The essays explore how concepts from Western political theory are compatible with a liberal interpretation of Islamic universals and how such universals can form the basis for a contemporary approach to the protection of human rights and the articulation of a modern Islamic civil society.


Book Synopsis Islam Beyond Conflict by : Azyumardi Azra

Download or read book Islam Beyond Conflict written by Azyumardi Azra and published by Ashgate Publishing, Ltd.. This book was released on 2008-01-01 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the extent to which moderate Indonesian Islam is able to assimilate leading concepts from Western political theory. The essays explore how concepts from Western political theory are compatible with a liberal interpretation of Islamic universals and how such universals can form the basis for a contemporary approach to the protection of human rights and the articulation of a modern Islamic civil society.