the indonesia policy on houses of worship

7/30/2019 The Indonesia Policy on Houses of Worship

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Handbook for Freedom of Religion number 6, entitledUnderstanding The Policy on House of worship, de-veloped by ILRC with the support of Freedom House,based on Agreement of Cooperation No. S-LMAQM-09-GR-550 dated 27 October 2010. The contents ofthis book are the sole responsibility of ILRC, and do

not necessarily reflect the opinions of Freedom House.


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A Handbook for Freedom of Religion

UNDERSTANDING THE POLICYON HOUSES OF WORSHIP

Writing Team :Siti Aminah

Uli Parulian Sihombing

The Indonesian Legal Resource Center (ILRC)Freedom House

2010


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Handbook for Freedom of Religion, number 6

UNDERSTANDING THE POLICYON HOUSES OF WORSHIP

Writing Team

Siti AminahUli Parulian Sihombing

PublisherThe Indonesian Legal Resource Center (ILRC)Jl. Tebet Timur I No. 4, Jakarta Selatan

Phone : 021-93821173, Fax : 021- 8356641Email : [email protected] : www.mitrahukum.org

First published in Indonesian asMemahami Kebijakan Rumah Ibadah

ISBN : 978-602-98382-1-3ILRC 2011

Cover design and layout:Delapan Cahaya Indonesia Printing - Canting Press


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Introduction

The Indonesian Legal Resource Center(ILRC) incooperation with Freedom House has com-piled this handbook on Houses o Worship or

students who want to become paralegal employees.Te aim is to create understanding among studentsabout the Human Rights perspective on houses oworship, and to invite them to be critical o the pre-vailing regulations pertaining to houses o worship.It urthermore invites the students to be tolerant to-wards any diferences o conviction in society.

Te right to perorm ones religious duties in a houseo worship is not only a constitutional right and parto Human Rights. It goes urther, and a tolerant atti-tude is reected in the respect a person shows or theright o another person to perorm their religious du-

ties. Tis tolerant attitude is sometimes taken away in


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Unders tanding The Pol icy On Houses Of Worship

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plural society because o the laws and regulations thatregulate it. An attitude o tolerance in the communi-ty as a kind o social capital is much more importantthan a legal regulation, including legal regulations onhouses o worship. olerance is rmly rooted in oursociety. o uproot this will mean the death o plural-ism in this country.

Te State, and especially the Government, has the

obligation to respect, meet, and protect the need orhouses o worship. Under no circumstances can thegovernment deault on its obligation to ulll, pro-tect, and respect the rights o individuals/collectivesto perorm their religious duties.

Jakarta, 10 January 2010Te Indonesian Legal Resource Center (ILRC)

Uli Parulian SihombingDirektur Eksekutif


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Contents

IntroductionPart One : Te Right to Worship

Part wo : Joint Regulation o the Minister o Reli-gious Afairs and the Minister o HomeAfairs no. 9/2006/no. 8/2006 on theGuidelines or the Implementation othe ask o the Regional Head/Vice Re-gional Head in the Protection o Reli-

gious Harmony, Empowerment o theForum or Religious Harmony and theEstablishment o Houses o Worship.

Part Tree : Joint Regulation o the Minister oHome Afairs and the Minister o Cul-ture and ourism No. 43./2009/No.41/2009 On the Guidelines or Servicesto the Followers o Te Belie In TeOne Supreme God.

List o AddressesAbout ILRC

About Freedom House


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Part One

The Right to WorshipIntroduction

Te compilation o thishandbook originates rom theright to reedom o religion. Tisright is regulated in the 1945Constitution, Article 18 o the In-ternational Covenant on Civil andPolitical Rights (ICCPR) (ratiedby Law no. 12/2005), GeneralComment no. 22 on Article 18o the International Covenant on Civil and Politi-

cal Rights (ICCPR), other related regulations, andthe opinions o competent experts. Tis handbookis meant or students who would like to becomeparalegal advocates against violations o the rightto reedom o religion, especially the right to per-orm ones religious duties. In this handbook we

have put together questions that people oten raise


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in connection with the right to perorm ones reli-gious duties.

1. How does Human Rights Regulate Freedomo Religion?

Article 28 paragraph (1) o the 1945 Con-stitution explains that each individual is ree toembrace a religion and to perorm the religiousduties o that religion. However, the 1945 Consti-

tution does not contain more explicit regulationsas to how this reedom o religion is to be opera-tionalized. However, Article 18 paragraph (1) othe International Covenant on Civil and PoliticalRights (Law no. 12/2005) explains that the right toreedom o religion has in essence two dimensions:

orum internum and orum externum. Te oruminternum is the individual right to have/embrace areligion/belie o their choice. Te orum externumis the right to maniest religion/belie including theright to worship, practice religion/belie, celebratereligion/belie , and to teach religion/belie.

Article 18 paragraph (3) o the Interna-tional Covenant on Civil and Political Rights (Lawno. 12/2005) explains that the maniestation oreligion may be restricted by laws and regulations

when so required to protect public security, publicorder, public health, or public morals o other peo-


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The Right to Worship

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ple1. Tus, the right to perorm ones religious du-ties is also the object o the restriction o the rightto religion/belie.

Human Rights, and especially the right toreedom o religion/belie does not stop with pro-viding an understanding o the orum externumand internum. It also provides an understandingo the meaning o religious duties, religious prac-tices, religious estivities/ceremonies, and religious

teachings. Various prominent experts on reedomo religion have also tried to delve more deeply intothe issue o the maniestation o religion.

For Manred Nowak, religious dutiesconsist o religious prayers and preaching and thereedom to conduct religious rituals. Religious cer-

emonies are explained as religious processions, thedonning o religious attire, and religious symbolsand other religious rituals. Nowak also providesan understanding o religious teachings which in-clude the dissemination/announcing o the sub-stance o religious teachings both in religious and

public schools (in connection with religious studysubjects), and in non-ormal schools and outreach(dakwah) and missionary dissemination activities2.

1 More explanations o the regulation to restriction othe maniestation o religion can be read in the handbook orthe reedom o religion Legal Guarantees and Human Rights

on Freedom o Religion, ILRC (2009).2 Manred Nowak, Freedom o Tought, Conscience,


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Furthermore, Article 6 o the Declarationo the United Nations on Religious Intoleranceexplains the reedom to congregate in relation toreligious activities, such as to establish and main-tain human institutions or charitable institutions,to use and compile verses in relation to religionor religious ceremonies, to write, publish, anddisseminate relevant religious publications, to askor and receive voluntary nancial contributions,

to observe religious holidays and rituals. In act,Article 6 o the UN Declaration explains religiouspractices3. According to Nowak, activities or thedissemination o religion such as dakwah and mis-sionary activities can also be categorized as reli-gious practices. Te right to erect and maintain a

house o worship is part o the reedom to maniestreligion/belie.

2. Where do Houses o Worship Fit in the Per-spective o the Right to Freedom o Religion?

Paragraph 4 o Commentary 22 on Article

18 o the ICCPR (Law no. 12/2005) explains thatreligious duties consist o religious rituals and cer-emonies that are direct expressions o the teachingso religion/belie, and also all types o religious ac-tivities integral to religious ritual and other activi-

Religion and Belie, pp. 417-421 (2001).3 Ibid


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ties such as the establishment o houses o worship,the use and installation o religious objects/sym-bols, and the observance o religious days/holidays.

In this way the right to erect houses o wor-ship is included in the part/domain o the manies-tation o religion.

Paul M. aylor explains that the right toperorm ones religious duties in relation to houseso worship not only includes the right to erect a

house o worship, but also the right to maintainit.4 Te State apparently has an obligation in rela-tion to houses o worship, such as can be seen inthe decision o the Human Rights Committee inBosnia Herzegovina in the legal case between theIslamic Community in Bosnia and Herzegovina v.

Te Republic o Srpska. Te Human Rights Com-mittee o Bosnia held that the State had a positiveobligation to efectively, reasonably, and appropri-ately protect houses o worship and holy religioussites.5 Governments oten use the obligation to is-sue permits or houses o worship to control houses

o worship and it does this oten in very discrimi-natory ways. Te UN special Rapporteur or Free-dom o Religion states that this happens in almostall countries in the world,6 or instance the case o

4 Paul aylor, Te Right o Maniest Religious Belie,242 (2005)

5 Ibid. hal 2446 Ibid. hal 245, Laporan Pelapor Khusus PBB Atas


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the Metropolitan Church o Bessarabia and oth-ers v. Moldova, where the reusal to issue permitsor houses o worship was the reason these housesdid not unction and could not operate, and theirmembers had no way to execute their right to exer-cise their religious duties.7Restrictions on the right to erect and maintainhouses o worship must comply with the provi-sions o Article 18 paragraph (3) o the ICCPR.

Te State, more specically the government, has apositive obligation to protect houses o worship.

3. How does the Government Regulate Houseso Worship?

Te Government, especially the governmentagency involved, has issued a regulation onhouses o worship. However, ILRC notesshow that the legal oundations or estab-lishing regulations on houses o worship areweak because they are in confict with laws

and regulations o a higher level, especiallyLaw no. 10/2004 on the Formation o Lawsand Regulations. Te substance o the regu-lations on houses o worship require a very

Kebebasan Beragama/Berkeyakinan

7 Metropolitan Church o Bessarabia and others v.Moldova, (2002) 35 EHRR 306


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bureaucratic process to obtain a permit, andthere is moreover a tendency to deny indi-vidual/collective rights to perorm religiousduties and to congregate.

a. Te Joint Regulation o the Minister o Re-ligious Afairs and the Minister o Home A-airs (Perber Menag dan Mendagri) no. 8 and9/2006.

Perber Menag dan Mendagri no. 8 and9/2006 on the Guidelines or the Execution o theasks o Regional Heads and Vice Regional Headsin Protecting Religious Harmony, the Empower-ment o the Forum or Religious. Harmony andthe Establishment o Houses o Worship is the

basis on which the government makes decisionsabout the licensing o houses o worship. However,this law has weak oundations. Law no. 10/2004on the Formation o Laws and regulations, espe-cially Article 7 paragraphs (1) and (4), explains thisas ollows:

Article 7 paragraph (1) Te ypes and Hi-erarchy o laws and regulations is as ollows:a. 1945 Constitutionb. Law/Government Regulation (Perpu)c. Government Regulationd. Presidential Regulatione. Regional Regulation

Article 7 paragraph (4) sets out the types o


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laws and regulations other than those mentionedin paragraph (1) that are recognized and carry legalorce as long as they are governed by higher lawsand regulations.

Article 8 (a), Law no. 4/2004 explains thematerial contents regulated by Law:

a. Human Rightsb. Citizens rights and obligationsc. Te implementation o the States sovereign-

ty and the division o the States powersd. Te States regions and regional divisionse. Citizenship and rights o residency. Te States nances

Perber is not included in the hierarchy, and

the types o laws and regulations and theirormation is not clearly and explicitly gov-erned by higher laws and regulations, bethey Laws/Presidential regulations, Govern-ment Regulations, or Presidential Decrees(Article 7 paragraph (1) and (4) Law no.

10/2004). Since the establishment o houseso worship is part o the religious manies-tations that all under Human Rights, theirregulations must be consistent with the Lawin accordance with the order in Article 8(a)a o Law no. 4/2004.


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According to the Perber, the establishmento a house o worship must meet the ollowing or-mal and substantial conditions:

Formal conditions (Article 16 Perber Me-nag dan Mendagri)

1. Te proposal or establishment o a house oworship must be submitted to the Regent/Mayor or a building permit;

2. Te Regent/Mayor issues a decision no later

than 90 days ater the request or the estab-lishment o a house o worship has been sub-mitted.

Substantial conditions (Article 13 and 14 Perber)1. Te establishment o a house o worship is

based on clear and earnest needs based onthe composition and size o the congrega-tion who will use its services in the region,Subdistrict/village (Article 13 paragraph (1);

2. Te establishment o a house o worshipas meant in point 1 has to be done while

guarding religious harmony, not disturbingpublic peace and good order, and in compli-ance with laws and regulations (Article 13paragraph (2);

3. I the clear need or services o the religiouscommunity in the region, Subdistrict/villageas meant in point 1 is not met, the consider-

ation used to determine the composition o


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the inhabitants is limited to the region, Sub-district or Regency/city or Province (Article13 paragraph (3);

4. Te establishment o a house o worshipmust meet administrative and technicalbuilding conditions (Article 14 paragraph(1);

5. Special conditions (Article 14 paragraph (2):a. A list o names and identity card num-

bers o the users o the house o worshipo no less than 90 people, validated by alocal o cial in accordance with the levelo regional border as meant in Article 13paragraph (3);

b. Support o at least 60 people o the local

community validated by the Head o theVillage Head /Village Chie;c. A written recommendation o the Head

o the Department o Religion o the Re-gency/City; and

d. A written recommendation o the Regen-

cy/city Forum or Religious Harmony.6. I the condition o point 5(a) has been metbut that o point 5(b) not, the local govern-ment is obliged to provide a location or theestablishment o the house o worship (Ar-ticle 14 paragraph (3)).

Te conversion stipulations in Article 28


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paragraph (3) o the Perber explain that the Re-gent/Mayor will assist to acilitate the issuance o abuilding permit or a house o worship i the build-ing o the house o worship has been in permanentuse and/or has a historical value but did not have abuilding permit or a house o worship beore thePerber was announced.

Te special conditions, especially the condi-

tion o a minimum o 90 users or the houseo worship shows that the Perber is moreconcerned with the quantity/number o us-ers o the house o worship, and thus is moreadvantageous or the majority religion o any place in Indonesia. Tis is because the

majority religion in a region will easily have90 users o the house o worship and alsothe support o 60 people in the surroundingcommunity. Meanwhile, minority groupswill have a problem to gather 90 users o thehouse o worship or to get 60 people o the

surrounding community to support it. Hereis a point o discrimination in the orm o treating religious minority groups dier-ently. Te Perber translates the clear andearnest need into the number o users o thehouse o worship and local support. Tesestipulations are thereore in confict withthe positive obligation o the State to protect


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houses o worship eectively, appropriatelyand accurately.

b. Te Joint Regulation o the Minister o HomeAfairs and the Ministry o Culture and ourismno. 43 and 41/2009.

Te government,especially the Ministries

o Home Afairs and Cul-ture and ourism, has is-sued a regulation on theguidance o services toadherents o Belie in theOne and Only God. Te

Perber also regulates theestablishment o its hous-es o worship (in their terms, the sasana sarasehan)or their adherents. Te Perber is not a strong legaloundation or the regulation o houses o worshipor adherents o belies because, aside rom not

being part o the hierarchy and types o laws andregulations, its ormation is also not explicitly anddirectly governed by higher laws and regulationsas stipulated in Article 7 paragraph (1) and (4) oLaw no. 10/2004. Regulations or houses o wor-ship should be subject to regulations at the level oa law, in accordance with order Article 8(a) o Law

no. 10/2004.


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Te organization o the ollowers who in-tend to erect the sasana sarasehan must have writ-ten proo o registration (SK) and an inventorynumber. Te SK itsel, according to Article 1number 7 o the Perber is proo that the organi-zation has registered itsel as a belie organization.Te inventory number is required according to Ar-ticle 1 number 4, which explains that the organiza-tion o ollowers is a orum or ollowers o a belie

registered at the Ministry o Home Afairs and in-ventoried at the Ministry o Culture and ourism.

In order to obtain an SK, an organiza-tion o ollowers must meet 14 conditions, includ-ing having an act o memorandum o associationdrawn up by a notary, and a plan o activities. Be-

ore that, an organization o believers must have aletter attesting that it has been inventoried, and therequest or this should be addressed to the Ministero Culture and ourism through the service/insti-tution/work unit assigned to deal with culture. TeGovernor/Mayor/Regent has the authority to issue

a building permit.Not all organizations o believers, especiallynot indigenous peoples, have a SK or a let-ter o inventory, and they have not been reg-istered at the Ministry o Home Aairs or oCulture and ourism. Tese organizationscan thus not erect their sasana sarasehan.


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Tere is discrimination against unregisteredorganizations o believers or those without aSK or letter o inventory. Te Governmentonly gives permits or the establishment o sasana sarasehan to registered organizationsthat have a SK and a letter o inventory.(UPS 2001)


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Part Two

Joint Regulation of the Minister ofReligious Affairs and the Minister ofHome Affairs no. 9/2006/no. 8/2006 onthe Guidelines for the Implementationof the Task of the Regional Head/Vice

Regional Head in the Protection of Re-ligious Harmony, Empowerment of theForum for Religious Harmony and theEstablishment of Houses of Worship.

By Te Mercy o Te One Supreme GOD

Minister o Religious Afairs andTe Minister o Home Afairs

Whereas:a. the right to ollow a religion is a Human Right

that cannot be diminished under any circum-

stances;


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Unders tand ing The Pol icy On Houses O f Worsh ip

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b. each person is ree in their choice o religion andto perorm the religious duties o that religion;

c. the State guarantees the reedom o each citizen

to embrace their religion and to perorm the re-ligious duties o their religion and belie.

d. the Government has the obligation to protecteach efort o its citizens to practice the teach-ings and religious duties o its ollowers as longas they do not violate laws and regulations, do

not abuse or deame religion, and do not disturbpublic peace and good order;

e. the Government has the task o providing guid-ance and services so that each citizen can harmo-niously, without disturbance, and in an orderly

way practice the teachings o their religion;

. the Governments nation building measures inthe eld o religion are, among others, to in-crease the quality o socio-religious services andunderstanding, religious lie, and an increase inintra and interreligious harmony;

g. the regions in the course o managing their au-tonomy have the obligation, in the executiono their afairs in planning, utilization, control,and zoning and in their obligation, to protectsociety, and must saeguard national unica-tion, unity, and harmony and the integrity othe Unitary State o the Republic o Indonesia;

h. religious harmony is an important part o na-

tional integrity;


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Jo int Regulat ion of the Minister of Rel igi ous Affa irs & Home Affa irs no. 9/2006/no. 8/2006

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i. regional heads and their representatives in theexecution o their tasks and their authority havethe obligation to maintain public peace and

good order;j. the Joint Regulation o the Minister o Religious

Afairs and the Minister o Home Afairs No.01/BER/MDN-MAG/1969 on the Executiono ask o the State Machinery in GuardingOrderly and Undisturbed Perormance o Reli-

gious Development and Duties by its Followersin its implementation in autonomous regions,must be regulated based on and in accordance

with provisions in the laws and regulations.k. based on the considerations as intended in a-j, a

Joint Regulation o the Minister o Religious A-

airs and the Minister o Home Afairs is neededon the Guidelines or the Implementation o theasks o the Regional Heads/Representatives othe Regional Heads in the Protection o Reli-gious Harmony, Empowerment o the Forumor Religious Harmony and the Establishmento Houses o Worship;

Noting :1. Law Presidential Decree No. 1/1965 on the Pre-

vention and/or Deamation o Religion (StateGazette o the Republic o Indonesia 1965 no.3, Supplement to the State Gazette o the Re-

public o Indonesia no. 2726);


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2. Law no. 8/1985 on Social Organizations (StateGazette o the Republic o Indonesia 1985 no.44, Supplement to the State Gazette o the Re-

public o Indonesia no. 3298);3. Law no. 39/1999 on Human Rights (State

Gazette o the Republic o Indonesia 1999 no.165, Supplement to the State Gazette o theRepublic o Indonesia no. 3886);

4. Law no. 28/2002 on Building Constructions

(State Gazette o the Republic o Indonesia2002 no. 134, Supplement to the State Gazetteo the Republic o Indonesia no. 4247);

5. Law no. 10/2004 on the Formation o Lawsand Regulations (State Gazette o the Republico Indonesia 2004 no. 53, Supplement to the

State Gazette o the Republic o Indonesia no.4389);6. Law no. 32/2004 on Regional Government

(State Gazette o the Republic o Indonesia2004 no. 125, Supplement to the State Ga-zette o the Republic o Indonesia no. 4437)as amended by Law no. 8/2005 on the Conr-mation o Government Regulation in Replace-ment on Law no. 3/2005 on Regional Auton-omy into Law (State Gazette o the Republico Indonesia 2005 no. 4, Supplement to theState Gazette o the Republic o Indonesia no.4468);

7. Government Regulation no. 18/1986 on the


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Implementation o Law no. 8/1985 (State Ga-zette o the Republic o Indonesia 1986 no. 24,Supplement to the State Gazette o the Repub-

lic o Indonesia no. 3331);8. Presidential Regulation no. 7/2005 on the

Planning o Medium-range National Develop-ment 2005-2009;

9. Presidential Regulation no. 9/2005 on the Sta-tus, asks, Functions, Organizational Struc-

ture, and Work Procedures o the State Minis-tries o the Republic o Indonesia as amendedby Presidential Regulation no. 62/2005;

10. Presidential Regulation no. 10/2005 on theOrganizational Units and asks o Echelon I othe State Ministries o the Republic o Indo-

nesia as amended and nalized by PresidentialRegulation no. 63/2005;11. Joint Decree by the Minister o Religious A-

airs and the Minister o Home Afairs no. 1/BER/MDN-MAG/1969 on the Execution oask o the State Machinery in Guarding Or-derly and Undisturbed Perormance o Reli-gious Development and Duties by its Follow-ers;

12. Joint Decree by the Minister o Religious A-airs and the Minister o Home Afairs no. 1/BER/MDN-MAG/1979 on the Protocol orthe Implementation o Religious Dissemina-

tion and Foreign Aid to Religious Institutions


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in Indonesia;13. Decree o the Minister o Religious Afairs no.

373/2002 on the Organization and Work Pro-

cedures o the Provincial Regional O ces othe Department o Religion and the O ces othe Department o Religion in the Regencies/Cities;

14. Decree o the Minister o Home Afairs no.130/2003 on the Organizational Structure and

Work Procedures o the Department o HomeAfairs;

15. Regulation o the Minster o Religion no.3/2006 on the Organization and Work Proce-dures o the Department o Religion;

DECIDE:Decree : JOIN REGULAION OF HE MIN-ISER OF RELIGIOUS AFFAIRS ANDHE MINISER OF HOME AFFAIRSON HE GUIDELINES FOR HEIMPLEMENAION OF HE ASKOF HE REGIONAL HEAD/VICEREGIONAL HEAD IN HE PROEC-ION OF RELIGIOUS HARMONY,EMPOWERMEN OF HE FORUMFOR RELIGIOUS HARMONY ANDHE ESABLISHMEN OF HOUSESOF WORSHIP.


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CHAPER 1GENERAL PROVISIONS

Article 1

In this joint decree is meant by :1. Religious harmony is a situation where interre-

ligious relations are based on tolerance, respector equality in the perormance o religiousteachings and cooperation in lie in the com-munity, the nation and the State in the Unitary

State o the Republic o Indonesia based on thePancasila and the 1945 Constitution o the Re-public o Indonesia.

2. Te protection o religious harmony is a jointefort o the religious communities and theGovernment in the eld o services, regula-

tions, and the empowerment o the religiouscommunities.3. Houses o worship are constructions with spe-

cial characteristics and exclusively and perma-nently used or the perormance o religious du-ties or the ollowers o the respective religions

with the exception o amily places o religiousworship.

4. Religious Social Organizations (RSO) are non-governmental organizations with a national vi-sion and voluntarily ormed by the citizens othe Republic o Indonesia based on religiousequality, with the status o legal bodies and reg-

istered with the local regional government and


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not a wing o a political party.5. Religious leader are community gures o re-

ligious communities who lead religious RSOs

or do not lead RSOs and are recognized and/orrespected by local society as leaders.

6. Te Forum or Religious Harmony, subse-quently abbreviated as FKUB, is a orum cre-ated by society and acilitated by the Govern-ment or orging, protecting, and empowering

religious communities towards harmony andprosperity.

7. A committee or the establishment o a houseo worship is a committee ormed by a religiouscommunity, a RSO or a manager o a house o

worship.

8. A building permit or the construction o ahouse o worship, subsequently called a IMBor houses o worship, is a permit issued by theRegent/Mayor or the construction o a houseo worship

CHAPER IIASK OF HE REGIONAL HEAD IN HE

PROECION OF RELIGIOUS HARMONYArticle 2

Te protection o religious harmony is the joint re-sponsibility o the religious communities, the localadministrations and the Government.


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Article 31. Te protection o religious harmony in the

Provinces is the task and the obligation o the

Governor.2. In the implementation o the task and the ob-

ligation o the Governor as intended in para-graph (1) he is assisted by the Head o the Pro-vincial Regional O ce o the Department oReligious Afairs.

Article 41. PTe protection o religious harmony in the

Regencies/cities is the task and the obligationo the Regent/Mayor.

2. In the implementation o the task and the ob-

ligation o the Regent/Mayor as intended inparagraph (1) he is assisted by the Head o theRegency/city regional o ce o the Departmento Religious Afairs.

Article 51. Te tasks and obligations o the Governor as

intended in Article 3 include :a. protect public peace and good order includ-

ing the acilitation o the creation o religiousharmony in the Province;

b. coordinate activities o vertical agencies inthe Province in the protection o religious

harmony;


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c. stimulate the development o harmony,mutual understanding, mutual respect, andmutual trust between religious communities;

andd. guide and coordinate the Regents/vice Re-

gents and the Mayors/vice Mayors in theprovision o regional administration in theeld o public peace and good order in reli-gious lie.

2. Te implementation o the tasks as meant inparagraph (1) b d may be delegated to the viceGovernor.

Article 61. Te tasks and obligations o the Regent/Mayor

as intended in Article 4 include :a. protect public peace and good order includ-ing the acilitation o the creation o religiousharmony in the Regency/city;

b. coordinate activities o vertical agencies inthe Regency/city in the protection o reli-gious harmony;

c. stimulate the development o harmony,mutual understanding, mutual respect, andmutual trust between religious communities;and

d. guide and coordinate the sub Regents/vicesub Regents or the Village Head s in the pro-

vision o regional administration in the eld


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o public peace and good order in religiouslie.

e. issue IMB or houses o worship

2. Te implementation o the tasks as meant inparagraph (1) b d may be delegated to the viceRegent/vice Mayor.

3. Te tasks as meant in paragraph (1)(a) and (c)in the sub Regencies are delegated to the subRegent and in the subdistricts/villages to the

Subdistrict head/Village Head through the subRegent.

Article 71. Te tasks and the obligations o the sub Regent

as meant in Article 6 paragraph (3) include :

a. protect public peace and good order includ-ing the acilitation o the creation o religiousharmony in the sub Regency;

b. stimulate the development o harmony,mutual understanding, mutual respect, andmutual trust between religious communities;and

c. guide and coordinate the Subdistrict Headsand Village Heads in the provision o region-al administration in the eld o public peaceand good order in religious lie.

2. Te tasks and the obligations o the Subdistricthead/Village Head as meant in Article 6 para-

graph (3) include :


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a. protect public peace and good order includ-ing the acilitation o the creation o religiousharmony in the Subdistrict/village;

b. stimulate the development o harmony, mu-tual understanding, mutual respect, and mu-tual trust between religious communities.

CHAPER IIIHE FORUM OF RELIGIOUS HARMONY

Article 81. FRH have been created in the Provinces and

the Regencies/cities.2. Te creation o the FRH as meant in paragraph

(1) was done by the community and the region-al government.

3. Te FRH as meant in paragraph (1) has consul-tative relations.

Article 91. Te provincial FRH as meant in Article 8 para-

graph (1) has the ollowing tasks:a. enter into dialogue with religious leaders and

social gures;b. support the aspirations o RSOs and the as-

pirations o society;c. channel social and RSO aspirations in the

orm o recommendations as material orpolicies by the Governor; and

d. spread inormation about laws and regula-


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tions and measures in the eld o religion inrelation to religious harmony and commu-nity empowerment.

2. Te FRH in the Regencies/cities as meant inArticle 8 paragraph (1) have the ollowing tasks:a. enter into dialogue with religious leaders and

social gures;b. support the aspirations o RSOs and the as-

pirations o society;

c. channel social and RSO aspirations in theorm o recommendations as material orpolicies by the Regents/Mayors;

d. spread inormation about laws and regula-tions and measures in the eld o religion inrelation to religious harmony and commu-

nity empowerment.e. issue written recommendations on requestsor the establishment o houses o worship.

Article 101. Members o the FRH are local religious leaders.2. Provincial FRH have a membership o at most

21 members and regional/city FRH have amembership o maximum 17 members.

3. Te composition o the Provincial and Regen-cy/city FRH as meant in paragraph (2) is de-cided based on a comparison o the number olocal religious ollowers and has at least 1 (one)

representative o each religion in the Province


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and Regency/city.4. Te FRH is led by 1 (one) chairperson, 2 (two)

vice chairpersons, 1 (one) secretary, 1 (one) vice

secretary, elected by means o conerence o themembers.

Article 111. In order to empower the FRH, FRH Advisory

Boards have been created in the Provinces and

Regencies/cities.2. Te FRH Advisory Boards as meant in para-

graph (1) have the ollowing tasks:a. assist the regional heads in the ormulation

o measures to protect religious harmony;and

b. acilitate working relations between the FRHand the regional administration and relationsbetween equal administrative agencies in theregions in the protection o religious harmo-ny.

3. Te membership o the provincial FRH Advi-sory Boards as meant in paragraph (1) are ap-pointed by the Governor and has the ollowingmembership structure:a. Chairperson: Vice Governor;b. Vice chairperson: Head o the Provincial Re-

gional O ce o the Department o ReligiousAfairs;

c. Secretary: Head o the body or national uni-


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ty provincial politics;d. Members: Leaders o involved agencies.

4. Te FRH Advisory Boards in the Regencies/

cities as meant in paragraph (1) are appointedby the Regents/Mayors and has the ollowingmembership structure:a. Chairperson: vice Regent/vici Mayor;b. Vice chairperson: Head o the o ce o the

Department o Religious Afairs in the Re-

gency/city;c. Secretary: Head o the body or national uni-

ty and politics in the Regency/city;d. Members: Leaders o involved agencies

Article 12

Further stipulations on the FRH and the FRH Ad-visory Board in the Provinces and Regencies/citiesare regulated in Gubernatorial Regulations.

CHAPER IVHE ESABLISHMEN OF HOUSES OF

WORSHIPArticle 13

1. Te establishment o a house o worship asmeant in paragraph (1) is based on clear andearnest needs based on the composition o thenumber o inhabitants or the services o thereligious community concerned in the region,

Subdistrict/Village.


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2. Te establishment o a house o worship asmeant in point 1 has to be done by guardingreligious harmony, not disturb public peace and

good order, and in compliance with laws andregulations.

3. I the clear need or services o the religiouscommunity in the region, Subdistrict/village asmeant in point 1 is not met, the considerationo the composition o the inhabitants is used

limited to the region, Subdistrict or Regency/city or Province.

Article 141. Te establishment o a house o worship has

to meet adminstrative and building technical

conditions.2. (2) Apart rom meeting the conditions asmeant in paragraph (1), the establishment oa house o worship has to meet the ollowingspecial conditions:a. A list o names and identity cards o the users

o the house o worship o no less than 90(ninety) people, validated by a local o cialin accordance with the level o regional bor-der as meant in Article 13 paragraph (3);

b. Support o at least 60 people o the localcommunity validated by the Head o the Vil-lage Head/Village Chie;

c. A written recommendation o the Head o


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the Department o Religion o the Regency/City; and

d. A written recommendation o the Regency/

city FRH.3. I the condition in paragraph (2) a has been

met but that o b not, the local government isobliged to provide a location or the establish-ment o the house o worship (Article 14 para-graph (3)).

Article 15Te recommendation o the FRH as meant in Ar-ticle 14 paragraph (2) is the result o consultationand agreement reached in a FRH meeting and con-solidated in written orm.

Article 161. Te request or the establishment o a house o

worship as meant in Article 14 is submitted bya board or the construction o a house o wor-ship to the Regent/Mayor in order to obtain aIMB or a house o worship.

2. Te Regent/Mayor issues a decision no laterthan 90 (ninety) days ater the request or theestablishment o a house o worship has beensubmitted as meant in paragraph

Article 17

Te regional government acilitates the provision o


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a new location or the establishment o a buildingor a house o worship that already owns an IMBbut which has moved because o changes in the

zoning plan o the region.

CHAPER VEMPORARY PERMI FORHE USE OF A BUILDING

Article 18

1. Te use o a building that is not a house o wor-ship as a temporary house o worship requiresa written statement granting the temporary useby the Regent/Mayor which meets the ollow-ing conditions :a. a proper unction; and

b. maintain religious harmony and public peaceand good order.2. Te condition o proper unction as meant in

paragraph (1) reers to the laws and regulationson buildings.

3. Te condition o the maintenance o religiousharmony and public peace and good order asmeant in paragraph (1) b includesa. written permit o the owner o the building;b. a written recommendation o the Subdistrict

Head/Village Head;c. written report to the FRH in the Regency/

city; and

d. written report to the Head o the O ce o


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the Department o Religious Afairs in theRegency/city

Article 191. Te statement that gives temporary permission

to use a building that is not a house o worshipby the Regent/Mayor as meant in Article 18paragraph (1) is issued ater written consulta-tion with the Head o the Department o Reli-

gious Afairs in the Regency/city and the FRHin the Regency/city.

2. Te statement that gives temporary permissionto use a building that is not a house o worshipas meant in paragraph (1) is valid or a maxi-mum period o 2 (two) years.

Article 201. Te issuance o the statement that gives tem-

porary permission as meant in Article 19 para-graph (1) is delegated to the sub Regent.

2. Te issuance o the statement that gives tem-porary permission as meant in paragraph (1)is carried out ater written consultation o theHead o the O ce o the Department o Reli-gious Afairs o the Regency/city and the FRHin the Regency/city.

CHAPER VI

CONFIC RESOLUION


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Article 211. Disputes caused by the establishment o a house

o worship are resolved ater consultation with

the local community.2. I the consultation as meant in paragraph (1)

ails, a solution o the conict is made by theRegent/Mayor assisted by the Head o the O-ce o the Department o Religious Afairs othe Regency/city through just and impartial

consultation and by consideration o the opin-ion or suggestion o the FRH o the Regency/city.

3. In the event a solution to the conict as meantin paragraph (2) is not reached, the conict issettled by the local court.

Article 22Te Governor guides the Regent/Mayor and in-volved agencies in the region in the resolution oconicts as meant in article 21.

CHAPER VIICONROL AND REPORING

Article 231. Te Governor is assisted by the Head o the lo-

cal Provincial O ce o the Department o Re-ligious Afairs in controlling the Regents/May-ors and involved agencies in the region or the

implementation o the protection o religious


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harmony, the empowerment o the FRH andthe establishment o houses o worship.

2. Te Regents/Mayors are assisted by the Head

o the local O ce o the Department o Re-ligious Afairs in the Regency/city in control-ling the sub Regent and Subdistrict and VillageHeads and involved agencies in the region onthe implementation o the protection o reli-gious harmony, the empowerment o the FRH

and the establishment o houses o worship.

Article 241. Te Governor reports the implementation o

the protection o religious harmony, the em-powerment o the FRH and the regulations o

the establishment o houses o worship in theProvince to the Minster o Home Afairs andthe Minister o Religious Afairs with copiesto the Coordinating Minister o Political, Le-gal, and Security Afairs and the CoordinatingMinister o the Peoples Prosperity.

2. (2) Te Regent/Mayor report the implementa-tion o the protection o religious harmony, theempowerment o the FRH and the regulationson the establishment o houses o worship inthe Regency/city to the Governor with copy tothe Minister o Home Afairs and the Ministryo Religion.

3. (3) Te reports as meant in paragraph (1) and


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(2) are delivered every 6 (six) months in Janu-ary and July or at times deemed necessary.

CHAPER VIIIEXPENDIURES

Article 25Expenditure or guidance and control o the na-tional protection o religious harmony and the em-powerment o the FRH is unded by and at the ex-

pense o the National Revenues and ExpendituresBudget.

Article 261. Expenditure or the obligation to guard na-

tional harmony and to protect public peace

and good order in the eld o the protectiono religious harmony, the empowerment o theFRH and the regulations on the establishmento houses o worship in the Provinces is undedby the Regional Provincial Revenues and Ex-penditures Budget.

2. Expenditure or the obligation to guard nationalharmony and to protect public peace and goodorder in the eld o the protection o religiousharmony, the empowerment o the FRH andthe regulations on the establishment o houseso worship in the Regencies/cities is unded bythe Regional Regency/City Revenues and Ex-

penditures Budget.


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CHAPER IXRANSIIONAL CONDIIONS

Article 27

1. Te FRH and the FRH Advisory Board in theProvinces and Regencies/cities are ormed atlatest 1 (one) year ater this Joint Regulationhas been decreed.

2. Te FRH or similar orums that have alreadybeen ormed in the Provinces and Regencies/

cities are harmonized at latest 1 (one) year aterthis Joint Regulation has been decreed.

Article 281. Permits or buildings or houses o worship is-

sued by the regional government beore this

Joint Regulation came into orce are declaredvalid and remain in orce.2. Renovations o building o houses o worship

that already possess an IMB or a house o wor-ship are processed under the stipulations o theIMB as long as there has not been a change inlocation.

3. Te Regent/Mayor will assist in the acilitationo the issuance o an IMB or a house o wor-ship in case the building or the house o wor-ship has been in permanent use and/or has his-torical value but does not yet have an IMB ora house o worship beore this Joint Regulation

came into orce.


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Article 29Te laws and regulations that have been decreed bythe regional government must have been harmo-

nized with this Joint Regulation at latest within aperiod o 2 (two) years.

CHAPER XCLOSING CONDIIONS

Article 30

Te moment this Joint Regulation comes intoorce, the conditions that regulate the establish-ment o a house o worship in the Joint Decision othe Minister o Religious Afairs and the Ministero Home Afairs no. 01/BER/MDN-MAG/1969on the Execution o ask o the State Machinery in

Guarding Orderly and Undisturbed Perormanceo Religious Development and Duties by its Fol-lowers is repealed and declared no longer in orce.

Article 31Tis Joint Regulation comes into orce on the dateit is promulgated.

Decreed in Jakarta on 21 March 2006

Minister o Religious Afairs

signed

Minister o Home Afairs

signed

Muhammad M. Basyuni H. Moh. Maru


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Part Three

Joint Regulation of the Minister ofHome Affairs and the Minister of

Culture and Tourism No. 43./2009/No.41/2009 On the Guidelines for Ser-

vices to the Followers of The Belief InThe One Supreme God.

By Te Mercy O Te One Supreme GODTe Minister O Home Afairs and

Te Minister For Culture and ourism,

Whereas :

a. the belie in the One Supreme God is a ormo social capital in the development o conductthat adheres to the cultural values that havebeen born in and grew rom the ancestors othe Indonesian People;

b. the Followers o the Belie in the One and Only

God are citizens o the State o the Republic oIndonesia and have the right to protection o


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themselves, their amilies, respect, prestige, ma-terial goods, and reedom in adhering to theirbelie;

c. in the execution o their autonomy the regionalgovernments have the obligation to protect na-tional unication, unity, and harmony and toexecute democratic lie and to protect societyin the preservation o socio-cultural values;

d. based on the considerations as meant under a,b, and c it was necessary to decree a joint regu-lation o the Minister o Home Afairs and theMinister o Culture and ourism on Guidelinesor Services to the Followers o the Believers inthe One Supreme God;

Noting :1. Law no. 8/1985 on Social Organizations (State

Gazette o the Republic o Indonesia 1985 no.44, Supplement to the State Gazette o the Re-public o Indonesia no. 3298);

2. Law no. 32/2004 on Regional Government(State Gazette o the Republic o Indonesia2004 no. 125, Supplement to the State Ga-zette o the Republic o Indonesia no. 4437)as amended by Law no. 8/2005 on the Conr-mation o Government Regulation in Replace-ment on Law no. 3/2005 on Regional Auton-omy into Law (State Gazette o the Republic


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Jo int Regula t ion of the Minister of Home Af fa irs & Culture and To urism No. 43. /2009/No. 41/2009

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o Indonesia 2005 no. 4, Supplement to theState Gazette o the Republic o Indonesia no.4468);

3. Law no. 23/2006 on Civil Administration(State Gazette o the Republic o Indonesia2006 no. 124, Supplement to the State Gazetteo the Republic o Indonesia no. 4674)

4. Law no. 39/2008 on State Ministries (StateGazette o the Republic o Indonesia 2008 no.166, Supplement to the State Gazette o theRepublic o Indonesia no. 4916)

5. Government Regulation no. 9/1987 on theProvision o Land Use or the Need or BurrialPlaces (State Gazette o the Republic o Indo-nesia 1987 no. 15, Supplement to the State Ga-zette o the Republic o Indonesia no. 3350);

6. Government Regulation no. 37/2007 on theImplementation o Law no. 23/2006 on Civil

Administration (State Gazette o the Republico Indonesia 2007 no. 80, Supplement to theState Gazette o the Republic o Indonesia no.4736);

Decrees:Decide : JOIN REGULAION OF HE MIN-

ISER OF HOME AFFAIRS ANDHE MINISER OF CULURE ANDOURISM ON HE GUIDELINES


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FOR SERVICES O HE FOLLOW-ERS OF HE BELIEVERS IN HEONE SUPREME GOD.

CHAPER IGENERAL PROVISIONS

Article 1In this joint decree is meant by:1. Services are the services provided by the Re-

gional Head/Vice Regional Head to the Believ-ers in the Belie o the One Supreme God inrelation to the organizations administration,interment, and sasana sarasehan or other des-ignations.

2. Te Belie in the One and Only God is a pri-vate expression and execution o a relation withthe One Supreme God based on a belie mani-ested in devout conduct and the perormanceo religious duties towards the One SupremeGod and the application o loty character

which teachings derive rom local wisdom othe Indonesian people.

3. Te ollowers o the Belie in the One and OnlyGod, subsequently called Believers are people

who acknowledge and believe in the values othe Belie in the One and Only God.

4. Te organization o the Belie orms a orumor the Belie that is registered at the Depart-


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ment o Home Afairs and inventoried by theDepartment o Culture and ourism.

5. Te sasana sarasehan is another word or theplace where the Believers in the One SupremeGod execute their activities and their rituals.

6. Te inventory number is the proo that the or-ganization o the Belie has been inventoried atthe Department o Culture and ourism.

7. Te written proo o registration, subsequentlycalled SK is proo that the organization o theBelie has been registered as a community or-ganization.

8. Te regional government consists o the Gover-nor, Regent, and Mayor and regional bodies asimplementers o regional administration.

CHAPER IISCOPE OF SERVICES O BELIEVERS

Article 21. Te Regional Government provides services to

the Believers.2. Te services as meant in paragraph (1) include :

a. the administration o the organization othe Believers;

b. interment; andc. sasana sarasehan or such under another

name.


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Article 3In its provision o services to the Believers as meantin Article 2, the provincial government has the ob-ligation to :a. maintain public peace and good order and a-

cilitate the creation o social harmony;b. stimulate the development o harmony, mutual

understanding, mutual respect, and mutualtrust between religious communities;

c. coordinate activities o vertical agencies in theProvince in the protection o religious harmonybetween the Believers and society

Article 4In its provision o services to the Believers as meantin Article 2, the government o the Regency/cityhas the obligation to :a. protect public peace and good order including

the acilitation o the creation o religious har-mony between the Believers and society;

b. stimulate the development o harmony, mutualunderstanding, mutual respect, and mutualtrust between religious communities;

b. coordinate activities o vertical agencies in theRegency/city in the protection o religious har-mony; and

d. Facilitate interment or Believers in a publiccemetery


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CHAPER IIISERVICES FOR HE ADMINSRAION OF

HE ORGANIZAION OF BELIEVERSArticle 5

1. Te Governor issues an SK or the organiza-tion o believers or the Province.

2. Te issuance o the SK as meant in paragraph(1) is done under the ollowing conditions:a. Deed o oundation made up by a notary;b. a work program signed by the chairperson

and the secretary;c. A Foundation Decree or the outcome o a

national deliberation or other such whichstates the composition o the board;

d. an SK or at least 3 (three) Regencies/cit-ies;

e. photocopy o the inventory statement;. biodata, color passport photograph sized

4 X 6 cm., photocopy o the identity card(KP) o the provincial board that consistso the chairperson, secretary, and treasurer,one photocopy each;

g. blank orm to be lled out;h. eld inormation;i. ront view photo with the name plate and

the address o the o ce/secretariat;j. taxpayers ID number;k. Statement o domicile signed by the Sub-


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district Head and the sub Regentl. contract/permit to use the location with

su cient stamps;m. statement that the organization is not cur-

rently having internal conicts with a su -cient stamps and signed by the chairpersonand the secretary; and

n. statement that the organization is not a-liated with a political party with su cientstamps and signed by the chairperson andthe secretary

Article 61. Te Regent/Mayor issues an SK or the orga-

nization o Believers or the Regency/city.2. Te issuance o the SK as meant in paragraph

(1) is done under the ollowing conditions:a. Deed o oundation made up by a notary;b. a work program signed by the chairperson

and the secretary;c. A Foundation Decree or the outcome o a

national deliberation or other such whichstates the composition o the board;

d. an SK or at least 3 (three) Regencies/cit-ies;

e. photocopy o the inventory statement;. biodata, color passport photograph sized 4

X 6 cm., photocopy o the identity card


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(KP) o the provincial board that consistso the chairperson, secretary, and treasurer,one photocopy each;

g. blank orm to be lled out;h. eld inormation;i. ront view photo with the name plate and

the address o the o ce/secretariat;j. taxpayers ID number;k. Statement o domicile signed by the Sub-

district Head and the sub Regentl. contract/permit to use the location with

su cient stamps;m. statement that the organization is not cur-

rently having internal conicts with a su -cient stamps and signed by the chairpersonand the secretary; and

n. statement that the organization is not a l-iated with a political party with su cientstamps and signed by the chairperson andthe secretary

Article 7Te board o the organization submits the state-ment o inventory as meant in Article 5 paragraph(2) and Article 6 paragraph (2) d to the Ministero Culture and ourism through the department/institution/work unit assigned to deal with culture

with the ollowing attachments:


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a. Forms A, A1, and A2 to be lled out2;b. AD / AR;c. Written teachings;d. Composition o board;e. List o nominative members;. Work program; andg. Biodata o the elders.

CHAPER IVINERMEN

Article 81. Believers who have died are to be interred in

public cemeteries.2. I the interment o a Believer is reused in a

public cemetery that originates rom waq, theregional government provides a public inter-ment spot.

3. Te land or the public interment as meant inparagraph (2) is made available by the Believ-ers.

4. Te Regent/Mayor acilitates the administra-tion o the use o the land provided by the Be-lievers as meant in paragraph (3) to turn it intoa public cemetery.

CHAPER VSASANA SARASEHANOROHER DESIGNAIONS


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Article 91. Sasana sarasehan or other designations are made

available based on the clear and earnest needso the Believers.

2. Sasana sarasehan or other designations are madeavailable as meant in paragraph (1) in the ormo new buildings or buildings whose unctionhas been changed.

Article 10Sasana sarasehan or other designations as meant in

Article 9 must meet the administrative and techni-cal building conditions as stipulated by laws andregulations.

Article 111. Believers submit a request a building permit to

build a structure or a sasana sarasehan or an-other designation or a new building as meantin Article 9 paragraph (2) to the Regent/Mayor.

2. (2) Te Regent/Mayor makes a decision no lat-er than 90 (ninety) days ater it has received therequest or the construction o a sasana sarase-han or other designation which already meetsthe conditions as meant in paragraph (1).

Article 121. I the sasana saresehan or other designation that


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has obtained a permit as meant in Article 11 isrejected by the community, the Regional Gov-ernment acilitates the execution o the build-ing o the sasana sarasehan intended.

2. In case the Regional Governments acilitationas meant in parapgrah (1) does not materialize,the Regional Government has the Obligationto acilitate a new location or the building othe sasana sarasehan or other designation.

Article 13Te Regent/Mayor acilitates a new location or theconstruction o a building or a sasana sarasehanor other designation that already has a IMB thathas been relocated because o changes in the zoningplan o the region.

CHAPER VICONFLIC RESOLUION

Article 141. Conicts between Believers and non- Believers

are resolved through deliberations to reach con-sensus between both parties.

2. In case the deliberations and the consensus ail,the Governor or the Regent/Mayor acilitatesthe resolution o the conict as meant in para-graph

3. In case the acilitation o the resolution o the


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conict as meant in paragraph (2) ails, theconict is resolved in court.

CHAPER VIIGUIDANCE AND CONROL

Article 151. Te Minister o Home Afairs carries out gen-

eral guidance and control over the services tothe Believers.

2. Te general guidance as meant in paragraph (1)is carried by coordinating with the Governorin the provision o services to the Believers andthe guidance to the Regents/Mayors in theirprovision o services to the Believers.

3. General control as meant in paragraph (1) isdone by monitoring by the Governor in theprovision o services to the Believers and guid-ance to the Regents/Mayors in their provisiono services to the Believers.

Article 161. Te Minister o Culture and ourism conducts

guidance and technical control over the provi-sion o services to the Believers.

2. Te technical control as meant in paragraph (1)includes:a. Handing out guidelines;b. Provision o technical guidance, consulta-


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tion, supervision, and documentation andpublications.

c. echnical control as meant in paragraph(1) is executed by monitoring and evaluat-ing the provision o services to the Believ-ers.

Article 17Te Governor executes guidance and control overthe Regents/Mayors in the provision o services tothe Believers.

CHAPER VIIIREPORING

Article 181. Te Regent/Mayor reports the task o the pro-

vision o services the Believers in the Regency/city to the Governor.

2. Te Governor reports the task o the provisiono services to the Believers in the Province tothe Minister o Home Afairs and the Ministryo Culture and ourism.

3. Te reports as meant in paragraph (1) and (2)are delivered each 6 (six) months in Januaryand July or at times deemed necessary.

CHAPER IXFUNDING


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Article 191. Expenditure or guidance and control o the

provision o services to Believers nationally isunded by and at the expense o:a. the National Revenues and Expenditures

Budget; andb. other valid and unbinding sources in ac-

cordance with legal stipulations.2. Expenditure or guidance and control o the

provision o services to Believers in the Prov-ince is unded by and at the expense o:a. the Regional Provincial Revenues and Ex-

penditures Budget; andb. other valid and unbinding sources in ac-

cordance with legal stipulations.3. Expenditure or guidance and control o the

provision o services to Believers in the Regen-cy/City is unded by and at the expense o:a. Athe Regional Regency/City Revenues

and Expenditures Budget; andb. other valid and unbinding sources in ac-

cordance with legal stipulations.

CHAPER XCLOSING CONDIIONS

Article 20Further stipulations on the provision o services toBelievers in the Province must have been regulated


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by Regional Regulations and guided by this JointRegulation no later than 2 (two) years ater this

Joint Regulation has been decreed.

Article 21Tis Joint Regulation comes into orce on the dateit is decreed.

Decreed in Jakarta on 16 September 2009

Minister oCulture and ourism

signed

Minister oHome Afairs

signed

Jero Wacik H. Mardiyanto


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LIST OF ADDRESSES

1. KOMISI NASIONAL HAK ASASI MANUSIA

(KOMNAS HAM)Te National Human Rights CommissionJl. Latuharhary No. 4B Menteng Jakarta Pusatelp/Fax: 021 - 3925 230021 - 3925 227Email : [email protected]

2. OMBUDSMAN REPUBLIK INDONESIA(ORI)Jl. Ir. H. Djuanda No. 36 Jakarta Pusatelp : +62 21 351 0071

3. GERAKAN ANI DISKRIMINASI (GANDI)Te Anti Discrimination MovementJl. Mandala Raya 24 omang Jakarta 11440 : 021-68700570F : 021 5673869Email :gandi_ancyahoo.com,

[email protected], [email protected]


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4. LBH JAKARA (Te Legal Aid Institute)Jl.Diponegoro No. 74 Jakartaelp/Fax: 021-3145518/ 021-3912377

5. INDONESIAN CONFERENCE ONRELIGION AND PEACE (ICRP).Jl. Cempaka Putih Barat XXI No. 34 Jakarta

10520elepon: 021-42802349 / 42802350Fax: 021-4227243Email: [email protected]: www.icrp-online.org

6. ALIANSI NASIONALBHINEKA UNGGAL IKA (ANBI)Te Alliance or National UnityJl.ebet Barat Dalam Vii No.19, Jakartaelp/Fax :021-8312771

7. BADAN KOORDINASI ORGANISASIKEPERCAYAAN (BKOK)Co-ordinating Body or Faith OrganizationsJl.Wastukancana No. 33 Bandung :022-4265318


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8. HIMPUNAN PENGHAYA KEPERCAYAANHD UHAN YANG MAHA ESA (HPK)Te Association o Religious BelieProselytizersJl.Ir.H.Juanda No. 4 A Jakarta

9. HE INDONESIAN LEGAL RESOURCECENER (ILRC)

Jl.ebet imur I No.4, ebet Jakarta Selatanelp : 021-93821173, Fax : 021-8356641Email : [email protected] : www.mitrahukum.org

10. HUMAN RIGHS WORKING GROUP

Jiwasraya Building Lobby FloorJl. R.P Soeroso No 41 Gondangdia, MentengJakarta 10350Email : [email protected],elp: 021-3143015 021-7073350562Fax: 021-3143058


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About ILRC

HE INDONESIAN LEGALRESOURCE CENER (ILRC)

PARNERING LEGAL EDUCAIONINNOVAION IN INDONESIA

In a time o transition to democracy, Indo-nesia aces the problems o high levels o corrup-tion, minimal assurances o Human Rights, and

weak law enorcement. Apart rom legislative prod-ucts and institutional structures, law enorcementalso requires a strong public legal culture. However,the act is that civil societys awareness o rights isstill weak, as is its capacity to access those rights.

Te role o higher education, particularlyFaculties o Law, as part o civil society assumesa greater importance in providing quality alumni

who can take their place in diferent proessions inthe bureaucracy, State institutions, justice, academiaand civil society organizations. Faculties o Law alsohave a legitimate position in leading reorm o the


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law. In this respect we view legal education as hav-ing an important role in developing a culture o lawand awareness o rights in civil society.

Te establishment o the ILRC springsrom our concern that legal education is unrespon-sive to social justice issues. Legal education at ter-tiary level tends to produce prot oriented lawyers,and ignores issues o social justice. Although highereducation has the instruments and institutions

which could provide ree legal aid or the poor, ituses these or diferent purposes.

Among the existing problems are: (1) therailty o the paradigm which takes the side o thepoor, social justice and Human Rights; (2) the com-mercialization o higher education, underunding,and the poor provision o human resources to In-stitutions or Legal Consultation and Aid and Hu-man Rights Centers; (3) higher educations inabil-ity to play a role when legal conicts arise, causedby diferences between the legal norms alive in thecommunity and those o the State. Because o thisproblem, the ILRC aims to take part in reorminglegal education.

VISIONo advance Human Rights and social justice in

Legal Education.


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MISSION1. o bridge the gap between Higher Education

and social dynamics;2. o reorm legal education to strengthen the per-

spectives o social justice;3. o urge Higher Education and civil society or-

ganizations to become involved in legal reormand social justice.

SRUCURE AND PERSONNELFounders/Boardmembers:Chair : Dadang risasongkoSecretary : Renata Arianingtyasreasurer : Soni Setyana

Members :1. Proessor Mohammad Zaidun, SH MSi2. Pro. Emiritus Drs. Soetandyo Wignyosoebroto,

MPA3. Uli Parulian Sihombing

Executive Board:Director : Uli Parulian SihombingResearchers : Fultoni, Siti Aminah,

Budi WidjardjoFinance : Evi Yuliawati

Administration : Herman Susilo


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About Freedom House

Freedom House is an independent watch-dog organization that supports the expansion oreedom around the world. Freedom House sup-ports democratic change, monitors reedom, andadvocates or democracy and human rights. Wesupport nonviolent civic initiatives in societies

where reedom is denied or under threat and westand in opposition to ideas and orces that chal-lenge the right o all people to be ree. FreedomHouse unctions as a catalyst or reedom, democ-racy and the rule o law through its analysis, advo-cacy and action.

Analysis Te oundation o Freedom Houseswork is its analysis. We evaluate the compo-nents o reedom and leverage our analytical

work to strengthen our advocacy and actioneforts. Freedom Houses rigorous researchmethodology has earned the organization a

reputation as the leading source o inormation


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on the state o reedom worldwide. Learn moreabout Freedom House publications .

Advocacy Freedom House amplies the voic-es o those ghting or reedom in repressivesocieties. We press the United States, othergovernments, international institutions and re-gional bodies to adopt consistent policies thatadvance human rights and democracy aroundthe world.

Action We work directly with democracy andhuman rights advocates in their own coun-tries and regions. Tese reormers include hu-man rights deenders, civil society leaders andmembers o the media. Freedom Houses pro-grams provide these advocates with resourcesthat include training, expert advice, grants andexchange opportunities.

Freedom House was created in 1941 byprominent Americans concerned about the U.S.policy o isolationism as Nazism threatened to en-gul Europe. Te organizations name was intendedto counter the Brown House, the Nazi party head-quarters in Germany where Adol Hitler main-tained an o ce. Ater World War II, FreedomHouse turned its ocus to the struggle against Com-munism and other threats to reedom irrespectiveo ideology and embraced the organizations mis-


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sion to expand reedom worldwide and strength-en human rights and civil liberties in the UnitedStates.

Freedom House is led by David Kramer,the organizations executive director. Te daily worko the organization is conducted by its approxi-mately 150 staf members in Washington, New

York, its European o ce in Budapest and other o-ces around the world.

Te organizations Board o rustees, whichincludes Democrats, Republicans and Indepen-dents, is composed o a mix o business and laborleaders, ormer senior government o cials, scholarsand journalists who agree that the promotion o de-mocracy and human rights abroad is vital to Ameri-cas interests abroad and to international peace.

Contact1301 Connecticut Ave. NW, Floor 6

Washington D.C. 20036. el. (202) 296 5101 Fax: (202) 293 2840Email : [email protected]://www.reedomhouse.org


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the indonesia policy on houses of worship

Documents