E/CN.4/1990/46
page 19
Indonesia
48. In a communication of 10 November 1989 addressed to the Government
concerned, the following information was transmitted by the Special Rapporteur:
"Although the Constitution guarantees freedom for Islam,
Christianity, Bhuddhism and Hinduism and permits the practice of mystic
and animist religions, it has been alleged that some 400 'misleading
religious cults' are banned, including some Islamic groups as well as the
Jehovah's Witnesses and the Baha'is. It has further been alleged that
while the Government often tolerates the private practice of banned
religions, local authorities occasionally harass adherents."
49. On 8 December 1989, the Permanent Mission of the Republic of Indonesia
communicated the reply of the Indonesian authorities to the Special
Rapporteur's letter of 10 November 1989:
"1. The Indonesian Constitution of 1945 guarantees religious freedom as
promulgated in article 29, namely:
'(a)
The State shall be based upon belief in the one supreme God;
'(b) The State shall guarantee freedom to every resident to adhere
to his respective religion and to perform his religious duties in
conformity with that religion and that faith.'
"Regarding the above article, the elucidation of the Constitution
states that: 'This clause states the belief of the Indonesian people in
the one, supreme God'.
"2. The policy adopted by the Government of Indonesia does not impose
any limitations on any religion nor does it interfere in the internal
matters of each religion recognized in Indonesia. This, however, does
not imply that the Government would remain indifferent should there be
activities which may disrupt the three principles for religious harmony:
"(a)
The internal matters of each religion;
"(b)
The relation between and among the adherents;
"(c)
The relation between the adherents and the Government.
"3. A provision contained in article 1 of law No. l/PNPS/1965 on
prevention of abuse and/or defiling of religions, prohibits everyone who,
with deliberate intent, makes interpretations of any of the recognized
religions in Indonesia or undertakes activities which have semblance to
those religions, in public, the interpretation and activities of which
are contrary and deviate from the true teachings of those religions.
"4. The above provision is in conformity with article 29, paragraph 2,
of the Universal Declaration of Human Rights, namely: 'In the exercise
of his rights and freedoms, everyone shall be subject only to such
limitations as are determined by law solely for the purpose of securing