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 A court in Bandung on Sept. 17 rescinded the order that revoked the church building permit, paving the way for congregants to resume worship there.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 

INDONESIA: CHURCH, BIBLE STUDENTS FIGHT DISCRIMINATION

Village congregation goes to court over loss of permit; SETIA students demonstrate for new campus.

JAKARTA, July 7 (Compass Direct News) – Christians have stood up for their rights in two key cases the last few weeks in heavily Muslim Indonesia.

Members of the Huria Kristen Batak Protestan Church (HKBP) in Cinere village, Depok, West Java appeared in court on June 29 to contest the mayor’s revocation of their building permit in March, while students of the shuttered Arastamar School of Theology (SETIA) demonstrated in Jakarta on June 15, asking officials to honor promises to provide them with a new campus.

HKBP church leaders filed suit against the decision in the state court in Bandung, West Java. Two court sessions have been held so far, on June 2 and June 29, with Depok Mayor Nur Mahmudi Ismail represented by Syafrizal, the head of the Depok legal department and who goes by the single name, and political associate Jhon Sinton Nainggolan.

Mahmudi issued a decree on March 27 cancelling a building permit that was initially granted to the HKBP church in Cinere on June 13, 1998, allowing it to establish a place of worship.

The mayor said he had acted in response to complaints from residents. Contrary to Indonesian law, however, Mahmudi did not consult the church before revoking the permit.

Nainggolan, arguing for Mahmudi, claimed the revocation was legal because it was based on a request from local citizens and would encourage religious harmony in Cinere. But Betty Sitompul, manager of the building project, strongly disputed this claim.

“Our immediate neighbors have no objection,” she told Compass. “A small minority who don’t think this way have influenced people from outside the immediate neighborhood to make this complaint.”

Sitompul added that 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.

According to Kasno, who heads the People’s Coalition for National Unity in Depok and is known only by a single name, the mayor had clearly violated procedures set forth in a Joint Ministerial Decree, issued in 1969 and revised in 2006, regulating places of worship.

Legal advocate Junimart Girsang, representing the church, confirmed that under the revised decree, conflicts must not be solved unilaterally but through consultation and consensus with the parties involved. He also said it was against normal practice to revoke a building permit.

Construction of the church building began in 1998, shortly after the permit was issued, but halted soon afterward due to a lack of funds. When the project recommenced in 2007, members of a Muslim group from Cinere 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, Sitompul said.

By that stage the building was almost completed and church members were using it for worship services. (See “Mayor Revokes Church Permit,” May 5.)

SETIA Protest

In Jakarta, hundreds of SETIA students demonstrated in front of the presidential palace on June 15, calling on officials to honor promises made in March to provide them with a new campus. (See “New Building Site Found for Bible College,” May 11.)

At least 1,400 staff and students remain in three separate locations in sub-standard facilities, causing great disruption to their studies, according to the students. The original campus in Kampung Pulo, East Jakarta, closed after neighbors attacked students with machetes in July 2008 and remains cordoned off by police.

In negotiations with SETIA director Matheus Mangentang in May, Jakarta officials again promised to assist the school in finding a new site, and promised to work with neighbors to secure approval for a building permit.

Joko Prabowo, the school’s general secretary, said he believes officials have now reneged on these promises. When school officials recently requested relocation to Cipayung, East Jakarta, the governor’s office rejected their proposal, citing community resistance.

Deputy Gov. Prijanto, who has only a single name, had initially suggested Cikarang in West Java as a new location, but SETIA staff rejected this offer, saying the site was outside Jakarta provincial limits and a move would be prohibitively expensive.

Report from Compass Direct News 

INDONESIA: MAYOR REVOKES CHURCH PERMIT

Christian leaders assert decision breaches religious law.

JAKARTA, Indonesia, May 5 (Compass Direct News) – Church members in Depok city, West Java, are unable to use their church building after the mayor, citing protests from area Muslims, revoked a permit issued in 1998.

Under a Joint Ministerial Decree (SKB) issued in 1969 and revised in 2006, all religious groups in Indonesia must apply for permits to establish and operate places of worship.

The Huria Kristen Batak Protestan (HKBP) church in Cinere village, Limo sub-district, in 1997 applied for permission to construct a church building and auditorium on 5,000 square meters of land, said Betty Sitompul, manager of the building project. Permission was granted in June 1998, and construction began but soon stopped due to a lack of funding.

After construction began again in 2007, members of a Muslim group from Cinere and neighboring villages damaged the boundary hedge and posted banners on the walls of the building protesting its existence. Most of the protestors were not local residents, according to Sitompul.

By then, the church building was almost completed and church members were using it for worship services.

Mayor Nur Mahmudi Ismail asked church leaders to cease construction temporarily to appease the protestors. Six months later, in January 2008, the church building committee wrote to the mayor’s office asking for permission to resume work on the project.

“We waited another six months, but had no response,” Sitompul said. “So we wrote again in June 2008 but again heard nothing.”

The building committee wrote again in February, asking for dialogue with the protestors, but members of the Muslim group also wrote to the mayor on Feb. 19, asking him to cancel the church permit.

On March 27 the mayor responded with an official letter revoking the church permit on the grounds of preserving “interfaith harmony.” When challenged, he claimed that city officials had the right to revoke prior decisions, including building permits, at any time.

The Rev. Simon Todingallo, head of the Christian Synod in Depok, said the decision breached SKB regulations and was the result of pressure from a small minority who did not want a church operating in the area. Rev. Todingallo added that the ruling is illegal since the mayor has no right to decide alone, but must also involve Religious Affairs and Internal Affairs ministries.

Saddled with an expensive building complex that was effectively useless, church officials said they would attempt to negotiate with the mayor’s office for the return of the permit and seek legal counsel if negotiations failed.

Report from Compass Direct News