religion adherents both directly and indirectly of
religious phenomenon (Ghazali, 2014).
Freedom of religion gets a constitutional
guarantee, namely Article 28E and Article 29
Indonesian Constitution (UUD 1945). Constitutional
guarantees indicate that tolerance for followers of
other religions is mandatory for all citizens,
therefore violations of the constitution can be subject
to legal sanctions. Implementing tolerance in
accordance with his religious beliefs is part of
worship, so they have to get protection from the
state. If there are some conflicts of each religion in
implementing tolerance base on their belief,
government through institutions established must
find a meeting point in order to realize harmony.
Religious tolerance is one of the most important
program in Indonesia because one of four pillars of
the nation is unity in diversity. It means that
Indonesia will be able to achieve the goals of the
country as long as the government is able to
maintain the harmonious relationship between all
different religious followers. That program can be
understood by Precidential Degree No. 1/PNPS/
1965 concerning Prevention of Similarities and/ or
Blasphemy of Religion. The blasphemy law covers
two types of blasphemous acts: deviation
(penyimpangan) from the six officially recognized
religions and defamation (penodaan) of these
religions. The violation of this regulation could be
punisthed by a maximum imprisonment of five years
shall be punished for whosoever in public
deliberately expresses their feelings or engages in
actions that: (a) In principle is hostile and considered
as abuse or defamation of a religion embraced in
Indonesia; (b) Has the intention that a person should
not practice any religion at all that is based on belief
in Almighty God (Article 4).
The blasphemy provisions in the that Presidential
Decree have also inspired the use of similar
provisions in more recently enacted laws. At least
two laws have been used to prosecute people
accused of defaming religion. Firstly, Law No.
11/2008 on Electronic Information and Transaction
(UU ITE) Article 28(2): “Any person who
deliberately and without right disseminates
information aimed to inflict hatred or hostility on
individuals and/or certain groups of community
based on ethnic groups, religions, races and inter-
groups.” Article 27(3): “Any person who
deliberately and without right distributes and/or
transmits and/or makes electronic information
and/or documents accessible that contains insulting
and/or defaming content.” A second law used to
prosecute people accused of blasphemy is Law No.
23/2002 on the Protection of Children, which
stipulates in Article 86 that: “Any person who
deliberately uses deception, a series of lies or
persuades a child to choose another religion not of
his/her own will, even though the perpetrator knows
or should know that the child is not sufficiently
intellectually developed and responsible enough to
make such a choice in accordance with their
religion shall be punished with imprisonment of 5
(five) years and/or a maximum fine of Rp
100,000,000 (one hundred million rupiah,
US$8,252).”
Amnesty international (2014) considers that the
the blasphemy laws in Indonesia are having a very
negative impact on the right to freedom of
expression and freedom of religion of individuals
belonging to religious minorities. Furthermore,
prosecuting individuals for their peaceful expression
of beliefs that are considered blasphemous is likely
contributing to an atmosphere of religious
intolerance in the country. According Rosyda, those
regulations have prohibited every one of abuse
interpretation to the religious doctrine from the
admitted religion by the nation, and influence other
people to support and follow him. This regulation
also prohibited everyone to do religious activities
similar to the religious traditions of a certain religion
admitted by the country. This regulation was enacted
to prevent disharmony relationship between
religious followers (Rosyada, 2017).
Tolerance is a deliberate choice of non-
interference in the conduct that one disproves. In
other words, it is an attitude of not opposing the
different beliefs and practices of others that evoke
the disapproval in oneself. Some political
philosophers such as John Rawls, Ross Harrison and
Jean Hampton view tolerance as a liberal concept or
as the basis for liberalism. In this view, tolerance can
be flourish in the state or government that
safeguards the rights of all religions and differences.
But in the Islamic word, it is not viewed as a liberal
political concept. Further, in the Western view
religious tolerance has distinct characters namely
individual freedom of thinking, worshiping freely,
propagation of one’s religion. Controlling one of
these is considered as violation of rights. In his book
entitle: The Difficulty of Tolerance T.M. Scanlon
(2003) describes that “tolerance requires us to accept
people and permit their practices even when we
strongly disapprove of them. Tolerance thus involes
an attitude that is intermediate between
wholehearted acceptance and unrestrained
opposition.”
In the article “The Scope of Tolerance and Its
Moral Reasoning,” Raphael (2004) argues that
tolerance consists of three components: (a) A strong
disapproving attitude toward a certain conduct,
action or speech; (b) Power or authority to curtail the
disturbing conduct, and (c) Moral overriding
principles, which sway the doer not to exert his or