Church Wins Legal Battle to Worship in Building

Court in West Java rescinds mayor’s order revoking permit.

JAKARTA, Indonesia, September 29 (CDN) — Christians have won a court battle restoring the right to worship in their building in Depok City, West Java.

Depok Mayor Nur Mahmudi Ismail on March 27 had revoked the building permit for a multipurpose building and house of worship for Gereja Huria Kristen Batak Protestan (HKBP) church following protests by Muslims. A court in Bandung on Sept. 17 rescinded the order that revoked the church building permit, paving the way for congregants to resume worship there.

Head Judge A. Syaifullah read the decision of the three-judge panel, which found the mayor’s reasoning for canceling the building permit inadequate. The mayor had said that most people living near the church objected to its building in Jalan Pesanggrahan IV, Cinere Area of Depok City.

“These objections by the local residents should have been raised when the building permit was going through the approval process, not protesting afterwards,” said Syaifullah.

Syaifullah added that the mayor also should have taken the views of church members into consideration.

“In this case, the revocation of the building permit was based upon the objections of one group in the community without considering those from the church,” he said.

Construction of the church building had begun in 1998, shortly after the permit was issued, but halted soon afterward due to a lack of funds.

When the project began anew in 2007, members of a Muslim group from the Cinere Area of Depok City and neighboring villages damaged the boundary hedge and posted protest banners on the walls of the building. Most of the protestors were not local residents.

The court determined that lawyers for the church successfully demonstrated that church leaders had followed all Depok City procedures for the building permit. Betty Sitompul, vice-chair of the HKBP church building committee, stated that the church court win was a victory for all Christians.

“We won because we had followed all the procedures and had completed all the required documents,” she said.

In early June the church had filed suit against the mayor’s action in a provincial court in Bandung, with church lawyer Junimart Girsang arguing that the mayor’s revocation of the permit was wrong.

Girsang said that the court had finally sided with justice for all Indonesians.

“The judges made the right decision and had no choice, because all of the papers for the permit were done properly,” he said.

The church had been meeting in a naval facility located about five kilometers (nearly three miles) from the church building since the permit was revoked, causing great inconvenience for church members, many of whom did not have their own transportation.

In South Sumatra Province, another HKBP church outside the provincial capital city of Palembang is trying to overcome objections by Muslim protestors in order to complete construction of its building in Plaju.  

Church leaders acknowledge they had not finished the application process for a permit before beginning construction. They said they went forward because after they applied to the mayor of Palembang, he told them to talk with the governor of South Sumatra. After talking with Gov. Alex Noerdin and securing his approval on Feb. 10, church leaders began construction on a donated plot of 1,500 square meters only to face a demonstration by members of several Muslim organizations on June 27.

The South Sumatra Muslim Forum (FUI Sumsel) organized the demonstration. Carrying a copy of a mayoral decree dated May 2009 ordering a halt to construction, the protestors gathered outside the building site, listened to speeches and then destroyed a bridge leading to it before demanding that the government ban the building project.

Applications for church permits are often fraught with difficulty in Indonesia, leaving many congregations no choice but to worship in private homes, hotels or rented conference facilities. Such gatherings leave churches open to threats and intimidation from activist groups such as the Front Pembela Islam (Islamic Defenders Front), in recent years responsible for the closure of many unregistered churches.

Report from Compass Direct News 


Muslims’ legal action against 1,600-year-old structure called ‘malicious.’

ISTANBUL, January 22 (Compass Direct News) – Syriac Christians in southeastern Turkey say a land dispute over the historic Mor Gabriel Monastery is part of a larger system of discrimination against the religious minority in this overwhelmingly Islamic country.

Muslim residents of southeastern Turkey dispute the boundary lines of an ancient Christian monastery dating to the fourth century as being unnecessarily large for the needs of a religious community. Islamic village leaders from Yayvantepe, Eglence and Candarli are attempting to confiscate one-third of the monastery’s property, claiming it was wrongfully appropriated and that they need it for their livestock.

Area Muslims also say the land in question is forest and thereby registered as land belonging to the State Treasury.

“Our land is being occupied by the monastery,” said Ismail Erlal, village leader of Yayvantepe, according to Cihan News Agency. “We make use of the forest there and pasture our animals; we won’t give up our rights.”

Among the most contentious issues are the monastery walls built around its perimeter, rebuilt 15 years ago. Village leaders complain in a lawsuit to obtain the land that the monastery has gone beyond its rightful bounds. In August the land survey office of Midyat said it had determined that 270 hectares of the monastery’s 760 hectares were government property, including land inside and outside the monastery’s walls.

A court in Mardin originally scheduled a hearing for Friday (Jan. 16) to determine the legal status of the monastery walls, but it was rescheduled to Feb. 11 to allow the court more time to examine the case. At the February hearing the court will determine if the 270 hectares of land belong to the government or the monastery.

Metropolitan Timotheos Samuel Aktas, leader of the monastery, answered in a report that the monastery has the right to leave its land uncultivated and has paid taxes on the property since 1937.

The state originally charged the monastery with being founded illegally, but it dropped those charges by canceling a hearing originally schedule for Dec. 24. Rudi Sumer, the attorney representing the monastery, said that the claim was groundless since the monastery has foundation status dating back to modern Turkey’s origins, not to mention centuries of existence beforehand.

The mayors of Yayvantepe, Eglence and Candarli also charged the monastery with attempting to proselytize young children (illegal in Turkey) and carrying out “anti-Turkish” activity.

Metropolitan Aktas said in a report that these claims were groundless and of the same provocative nature that has historically sparked violence against Turkey’s Christians.

“All the allegations are frivolous and vexatious, devoid of any logic or evidence, solely aimed with the malicious intent of rousing anti-Christian sentiments by the surrounding Muslim villages,” he said.


Europe Watching

Mor Gabriel Monastery, founded in 397, is the most revered monastery for Syrian Orthodox Christians. It is inhabited by 15 nuns and two monks and is the seat of Metropolitan Bishop of Tur Abdin Diocese.

In recent decades the monastery has turned into a religious and social center for the country’s remaining Syriacs by offering schooling to children and teaching their ancient language of Syriac, a variant of the language spoken by Jesus.

“The monastery is everything for us,” said a Syrian Orthodox Christian who grew up in Turkey’s southeast. He added that many families in the area had named their children after Mor Gabriel. “Syriacs would give up everything for the monastery.”

An international outcry from the European Parliament and numerous Assyrian organizations throughout Europe arose in response to the charges, according to the Assyrian International News Agency. A member of the German consulate said his country would monitor the case closely, as Turkey is attempting to join the European Union and its human rights record has come under close scrutiny.

Many Syrian Orthodox Christians have left southeast Turkey in the last 30 years as violence escalated between the military and Kurdish terrorists. In the last five years, however, some Syriacs have begun returning home – only to find their property occupied by others.

Residents who fled Mardin province in the mid-1980s returned to find two of their village’s Syriac churches converted into mosques. And the demographic shift from Syriacs to Kurds has increased pressure on the monastery.

“Turkey must protect its Assyrian community,” said Swedish parliamentarian Yilmaz Kerim to the Hurriyet Daily News. He visited the monastery as part of a delegation in December. “There are only 3,000 left in Midyat.”

The lawsuit has the support of a local parliamentarian who claims Christians relished their opportunity to leave Turkey. Süleyman Çelebi, member of the ruling Justice and Development Party (AKP), said Syrian Orthodox Christians had never come under pressure, despite their claim that they were exploited, and even emigrated away from Turkey “with joy” in previous decades.

The three villages that brought the lawsuit against the monastery overwhelmingly supported the Islamic-rooted AKP in last year’s national elections. Çelebi claims that the official boundaries of the monastery were established in Ottoman times but not properly observed by the Syriac Christians.

According to the 1923 Lausanne Treaty, Turkey grants full protection to churches, synagogues and other religious establishments to freely practice their own religions. But this treaty only designated Greek and Armenian Orthodox Christians and Jews, creating complications for groups such as the Syrian Orthodox and Protestants to open schools and churches.

Syriac Christians claim to be one of the first people to accept Christianity in the Middle East. Their historic homeland stretches through southeastern Turkey, but their numbers have dwindled to 15,000 following decades of government pressure and fallout from war against the Kurdistan Workers’ Party.  

Report from Compass Direct News