04/20/2010, 00.00
INDONESIA
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Jakarta, Constitutional Court: blasphemy law is legitimate

by Mathias Hariyadi
The judges rejected the appeal of NGOs and human rights activists, including former President Gus Dur. The court rules that the norm is "necessary" to prevent "misleading" cult practices, although some points should be "clarified". A law enacted to hit the Ahmadis and other religious minorities in the country.

Jakarta (AsiaNews) - The Indonesian Constitutional Court confirmed the legitimacy of the blasphemy law and considered unfounded the complaint lodged by NGOs, human rights activists and leading figures of the country, including former president Abdurrahman "Gus Dur "Wahid. In its ruling, the panel chaired by the Chairman Mahfud MD explained that the "issue" under N 1/PNS/1965 is "still very necessary to prevent any misleading practice of worship."  

The verdict of the Indonesian Council- better known as the Mahkamah Konstitusi, MK – was handed down late yesterday afternoon. Outside the building, the authorities deployed hundreds of soldiers in riot gear, to prevent incidents of violence of Islamic extremists. The President of the Constitutional Court, confirming the validity of the blasphemy law,   added that it "does not violate  basic human rights" in matters of faith and practice of worship, but states that "some points [of the norm ] should be clarified" .  

The Indonesian Constitution of 1945 recognizes six religions at the "official" level: Islam, Catholicism, Protestantism, Hinduism, Buddhism and Confucianism. Other faiths, including the Ahmadis are outlawed and not allowed to practice their religion. The blasphemy law, in particular, seems to be geared specifically against the Ahmadiyya community, a Muslim current considered heretical because it does not recognize Muhammad as the last prophet and which is persecuted in other Muslim countries including Pakistan.  

Government officials and Islamic fundamentalist groups have used the blasphemy laws as an excuse to denounce the existence of small Ahmadi community. The worst violence occurred in the regency of Bogor and Kuningan, both in the province of West Java, where there is a large community of "heretical" Muslims. In the past crowds of extremists, backed by fundamentalist groups including the Islamic Defender Front (FPI) attacked and destroyed dozens of buildings, schools and homes belonging to Ahmadis.  

 Human rights activists and several NGOs have denounced the unconstitutionality of the blasphemy law, which they say violates freedom of worship. They denounce paragraph 1 that authorizes the state to intervene in matters of faith, while it should remain the "free choice" of each individual. Among the personalities who have joined the appeal to the Constitutional Court include former Indonesian president Abdurrahman "Gus Dur" Wahid, Dawam Rahadja and Musdah Mulia, experts on Islamic affairs.  

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