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Indonesia

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution guarantees the right to practice the religion of one’s choice and specifies that freedom of religion is a human right that may not be limited.  The constitution states, “The nation is based upon belief in one supreme God,” but it guarantees all persons the right to worship according to their own religion or belief.  The law restricts citizens from exercising these rights in a way that impinges on the rights of others, oversteps common moral standards and religious values, or jeopardizes security or public order.

The Ministry of Religious Affairs (MRA) extends official recognition to six religious groups:  Islam, Catholicism, Protestantism, Buddhism, Hinduism, and Confucianism.  The government maintains a longstanding practice of recognizing Sunni Islam as the official version of Islam of local Muslims, although the constitution has no such stipulation.

The blasphemy articles in the criminal code prohibit deliberate public statements or activities that insult or defame any of the six official religious groups, or have the intent of preventing an individual from adhering to an official religion.  These articles also stipulate that in any case of defamation of the six officially recognized religions, the Ministry of Home Affairs (MOHA), the MRA, and the Attorney General’s Office must first warn the individual in question before bringing a defamation charge.  The articles also forbid the dissemination of information designed to spread hatred or dissension among individuals and/or certain community groups based on ethnicity, religion, or race.  Individuals may be subject to prosecution for blasphemous, atheistic, or heretical statements under either of these provisions or under the laws against defamation, and may face a maximum prison sentence of five years.  A separate law forbids the electronic dissemination of the same types of information, with violations carrying a maximum four-year sentence.

The government defines a religion as having a prophet, holy book, and deity, as well as international recognition.  The government deems the six officially recognized religions meet these requirements.  Organizations representing one of the six recognized religions listed in the blasphemy law are not required to obtain a legal charter if they are established under a notary act and obtain approval from the Ministry of Law and Human Rights.  Religious organizations other than the six recognized religions listed in the blasphemy law must obtain a legal charter as a civil society organization from the MOHA.  Both ministries consult with the MRA before granting legal status to religious organizations.  By law, all religious groups must officially register with the government.  The laws requires all civil society organizations to uphold the national ideology of Pancasila, which encompasses the principles of belief in one God, justice, unity, democracy, and social justice, and they are prohibited from committing blasphemous acts or spreading religious hatred.  Violations of the law may result in a loss of legal status, dissolution of the organization, and arrest of members under the blasphemy articles of the criminal code or other applicable laws.  Indigenous religious groups must register with the Ministry of Education and Culture as aliran kepercayaan to obtain official, legal status.

A joint ministerial decree bans both proselytizing by the Ahmadi Muslim community and vigilantism against the group.  Violations of the Ahmadi proselytizing ban carry a maximum five-year prison sentence on charges of blasphemy.

The government requires all officially registered religious groups to comply with directives from the MRA and other ministries on issues such as construction of houses of worship, foreign aid to domestic religious institutions, and propagation of religion.

According to a joint ministerial decree, religious groups may not hold services in private residences, and those seeking to build a house of worship are required to obtain the signatures of at least 90 members of the group and 60 persons of other religious groups in the community stating they support the construction.  Local governments are in charge of implementing the decree, and local regulations, implementation, and enforcement vary widely.  The decree also requires approval from the local interfaith council, the Religious Harmony Forum (FKUB).  Government-established FKUBs exist at the city or district level and comprise religious leaders from the six official groups.  They are responsible for mediating interreligious conflicts.

The law requires religious instruction in public schools.  Students have the right to request religious instruction in any one of the six official religions, but teachers are not always available to teach the requested religion classes.  Individuals may not opt out of religious education requirements.

Under the terms of a 2005 peace agreement that ended a separatist conflict, Aceh Province has unique authority to implement sharia regulations.  The law allows for provincial implementation and regulation of sharia and extends the jurisdiction of religious courts to economic transactions and criminal cases.  The Aceh government states sharia in Aceh only applies to Muslim residents of the province.  Some Aceh Sharia Agency officials, however, state that sharia applies to all Muslims in Aceh, regardless of their official residency.  Sharia does not apply to non-Muslims.

Aceh’s provincial sharia regulations criminalize consensual same-sex activity, adultery, gambling, consumption of alcohol, and proximity to members of the opposite sex outside of marriage for Muslim residents of the province.  An Aceh governor’s decree forbids women from working in or visiting restaurants unaccompanied by their spouse or a male relative after 9 p.m.  A Banda Aceh mayoral decree forbids women from working in coffee shops, internet cafes, or sports venues after 1 p.m.  Sharia regulations prohibit female Muslim residents of Aceh from wearing tight pants in public, and they must wear headscarves.  One district in Aceh prohibits women from sitting astride motorcycles when riding as passengers, but this reportedly is rarely enforced.  The maximum penalties for violations of sharia regulations include imprisonment and caning.  There are regulations limiting the amount of force that authorities may exert during a caning.

Many local governments outside of Aceh have enacted regulations based on religious considerations; most of these are in majority Muslim areas.  Many of these regulations relate to matters such as religious education and only apply to a specific religious group.  Some religiously inspired local regulations in effect apply to all citizens.  For instance, some local regulations require restaurants to close during Ramadan fasting hours, ban alcohol, or mandate the collection of zakat (Islamic alms).  Other local regulations forbid or limit the religious activities of religious minorities, especially Shia and Ahmadi Muslims.

The marriage law does not explicitly forbid interfaith marriage, but it contains an article stipulating that parties must perform the marriage ceremony according to the rituals of a religion shared by both the bride and groom.  A man and woman of different religions who seek to marry may have difficulties finding a religious official willing to perform a wedding ceremony.  Some couples of different religions select the same religion on their KTPs in order to marry legally.

The law allows a Muslim man to have up to four wives, provided he is able to support each equally.  For a man to take a second, third, or fourth wife, he must obtain court permission and the consent of the first wife.  These conditions, however, are not always enforced.

Government regulations require Muslim male civil servants to receive permission from a government official and their first wives prior to marrying a second, third, or fourth wife, and prohibit female civil servants from becoming second, third, or fourth wives.

The law requires the leader of an aliran kepercayaan group to demonstrate group members live in at least three regencies, which are administrative designations one level below a province, before the leader may officiate legally at a wedding.  This constraint effectively bars believers of some smaller groups without such geographic presence from receiving official marriage services from a member of their faith, although groups can aid each other and facilitate marriages by a group with a similar faith tradition and rituals.

Following a 2017 Constitutional Court ruling, citizens are allowed to select indigenous faiths as an option on their KTP cards.  Previously, they were only allowed to choose one of the six officially recognized religions or leave the column blank when applying for a KTP.

A joint ministerial decree requires domestic religious organizations to obtain approval from the MRA to receive funding from overseas donors and forbids dissemination of religious literature and pamphlets to members of other religious groups as well as going door to door for the purposes of converting others.

Foreign religious workers must obtain religious worker visas, and foreign religious organizations must obtain permission from the MRA to provide any type of assistance (in-kind, personnel, or financial) to local religious groups.

The country is a party to the International Covenant on Civil and Political Rights.

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U.S. Department of State

The Lessons of 1989: Freedom and Our Future