Learning to respect other believers' rights<\/p>\n
Hak Asasi Beragama dan Perkawinan Konghucu: Perspektif Sosial,
\nLegal dan Teologi (Basic Right to Religion and Marriage of
\nConfucianists: Social, Legal and Theological Perspectives); PT
\nGramedia Pustaka Utama, Jakarta, 1998; Budi Wijaya et al;
\nix + 193<\/p>\n
YOGYAKARTA (JP): On Dec. 15, 1995, the Surabaya administration
\nstirred up a national controversy when it refused to register the
\nmarriage of a Confucianist couple, Budi and Lanny.<\/p>\n
The local agency in charge of registering marriages of non-
\nMuslim people argued that Confucianism was not recognized by the
\ngovernment.<\/p>\n
Home Affairs Ministerial Decree No. 477\/74054 of 1978 states
\nthat the government recognizes only five religions: Buddhism,
\nIslam, Hinduism, and the two forms of Christianity, Protestantism
\nand Catholicism.<\/p>\n
The refusal provoked a lively polemic because the 1945
\nConstitution guarantees freedom of religion. The controversy
\nrevolved around the question of how a ministerial decree could
\noverrule the Constitution on which all other laws are based.<\/p>\n
Budi and Lanny filed a law suit in the local State
\nAdministrative Court against the government but then lost the
\nlegal battle.<\/p>\n
The Surabaya government's denial of Budi and Lanny's rights
\nwas a glaring violation of the human rights that the Constitution
\nguarantees through Articles 27 and 29.<\/p>\n
Moderate Muslim leader Abdurrahman "Gus Dur" Wahid charged
\nthat the government had "sacrificed the universal principle for
\nthe sake of mere administrative trivialities."<\/p>\n
Critics charged that the government had abused laws and human
\nvalues.<\/p>\n
Muslim intellectual Nurcholish Madjid is quoted in this book
\nas saying that to talk about human rights, one has to be
\nobjective and understand the meaning and purpose of life from a
\nreligious perspective.<\/p>\n
Without an understanding of religious teachings, one's notion
\nof human rights will be hollow, according to Nurcholish (p.27).<\/p>\n
Although Budi and Lanny lost their legal battle, sympathy for
\nthem poured in from all quarters: Nurcholish, the National
\nCommission on Human Rights, Association of Indonesian Muslim
\nIntellectuals and Gus Dur -- who chairs the Muslim mass
\norganization Nahdlatul Ulama and the World Conference on Religion
\nand Peace.<\/p>\n
Besides, scholars like Suwoto, Moch. Isnaeni, Haryono, Dede
\nOetomo, Ramlan Surbakti, Soetoyo, Soetandyo, I.B. Soesanto and
\nformer Justice Bismar Siregar also lent their support.<\/p>\n
The public outcry was eventually heeded by the government and
\nthe House of Representatives. The government offered three
\nalternatives to solve the problem.<\/p>\n
First, Confucianism would be recognized as a religion. Second,
\nthe government would register Confucianist marriages. Third, the
\ngovernment would provide special registration for people who
\nembrace a religion other than the five legally recognized ones.<\/p>\n
The court's decision in favor of the government in the Budi
\nand Lanny case made Confucianists really confused. They felt
\nlocal government officials treated them unfairly. This worry
\nreceived credence when on Sept. 15, 1996 the Surabaya
\nadministration issued a decree, stressing again that Confucianism
\nwas not recognized and warning people against using it for
\nwhatever purposes.<\/p>\n
The authors of this book discuss the various possibilities
\nthat cause a misunderstanding about Confucianism, socio-political
\nsentiment behind racial issues and the phobia of communism
\nsurrounding Indonesia-China relations.<\/p>\n
The book gives perspectives on the understanding of the 1945
\nConstitution's Article 27 which guarantees every citizen's basic
\nrights and Article 29 which guarantees the citizen's right to
\npractice the religion of choice.<\/p>\n
It demonstrates that the Surabaya case shows the need for
\neveryone to respect others' rights to a religion of choice. The
\nHoly Koran (Qs 2:62) states that every religious believer, be
\nthey Muslim, Christian, Jewish, Confucianist or whatever will
\nreceive divine rewards as long as they follow God's way.<\/p>\n
The book underlines the need for respect for human rights
\nwithout sacrificing universal values. As Christian theologian Th.
\nSumartana says, there have been too many people falling victim of
\nthe Indonesian state's policies and the challenge is how to stop
\nabuses of human rights.<\/p>\n
-- Chusnul Murtafiin<\/p>\n
The reviewer is a student of the State Institute of Islamic
\nStudies (IAIN) Sunan Kalijaga, Yogyakarta<\/p>",
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