Court Reverses Revocation of Indonesian Church’s Building Permit

Outside Islamists had intimidated local officials into withdrawing approval.

JAKARTA, Indonesia, March 8 (CDN) — A court in West Java has reversed the revocation of a Catholic church’s building permit.

The Purwakarta regency government had revoked the building permit for Santa Maria Catholic Church when Islamists threatened local residents and officials into opposing the project, church leaders said.

The church sued the Purwakarta regency for revoking the approved building permit in Cinangka village last October, and in a little-publicized court ruling on Feb. 25, a judge in a state court in Bandung, West Java decided in favor of the church.

“The error arose when external forces pressured the Purwakarta government so much that it revoked the building permit,” the head of the church legal team, Dr. Liona Nanang, told Compass. “Government sources have admitted that this was done because of outside pressure.”

The church official said objections to the church under construction did not come from residents of Cinangka village, where the church is located.

“We called the village headman and the block captains to testify,” Nanang said. “According to them, the objections are not from Cinangka villagers, but from citizens of Cikampek, which is not even in our district [county].”

The Purwakarta government is planning to appeal the case, but Nanang said church lawyers are optimistic that construction likely would resume once the High Court in Jakarta rules.

On Oct. 16 the regent of Purwakarta regency, Dedi Mulyadi, revoked the construction permit after Islamists threatened some of the local residents whose approval is required by Indonesian law. Church leaders said members of the Islamic Defenders Front (Front Pembela Islam, or FPI) “continually terrorized” both the regent and residents who had previously given their approval.

A Joint Ministerial Decree promulgated in 1969 and revised in 2006 requires the permission of more than 60 neighbors and a permit from local authorities to establish a place of worship. The more than 60 local citizens giving their approval must provide photocopies of their identity cards.

Nanang said that the judge agreed with the plaintiff that there had not been any irregularities in the process of obtaining a building permit. The judge found that the Purwakarta government had violated basic principles of good government including justice and the rule of law.

“A building permit can be legally cancelled if there is no construction activity within six months of the date of publication of the permit,” Liona told Compass. “However, Santa Maria Church began to build immediately.”

The court also ruled that the Purwakarta government had no legal reason to revoke the building permit. The Joint Ministerial Decree Number requires not only a minimum of 60 signatures of those not using the building but a minimum of 90 signatures of those who will use it, and the church had obtained the signatures of 93 non-users and 170 church members who would use the building.

The Rev. Augustinus Made of Santa Maria Catholic Church concurred that revocation of the building permit came about from extremely heavy pressure from the FPI and other radical Muslim groups.

“We rejoice in the verdict,” he said. “We had fulfilled all of the regulations. We built on land that had been zoned for a house of worship – land that we purchased.”

At the time the building permit was revoked, land had been prepared, the area fenced and the foundation laid.

The church had planned its building on a 5,000-square meter lot in a sparsely populated industrial area on land zoned for houses of worship. The congregation of over 1,000 has been worshipping in a steel factory warehouse some distance from the building site since its inception in 2002.

The lot developer had supplied facilities for all faiths; Muslims have two large mosques and an Islamic chapel at each factory. The government plan for the Bukit Indah Industrial Park included facilities for general and social purposes, including places of worship.

Report from Compass Direct News 

Muslim Groups Demand Closure of Large, Legal Church in Indonesia

Hundreds of demonstrators from outside area try to create image of local opposition.

JAKARTA, Indonesia, February 25 (CDN) — Hundreds of Muslims from outside the area where a 600-member church meets in West Java staged a protest there to call for its closure this month in an attempt to portray local opposition.

Demonstrators from 16 Islamic organizations, including the hard-line Islamic Defenders Front (FPI), gathered on Feb. 15 to demand a stop to all activities by the Galilea Protestant Church (GPIB) in the Galaxy area of Bekasi City.

The Rev. M. Tetelepta, pastor of the church, told Compass that the church has had the required consent of local residents and official permission to worship since its inception in 1992.

“From the beginning we had permission to worship from both the government and the nearby residents,” Tetelepta said. “We worked on the building permit and had received principle clearance from the mayor of Bekasi. We had also received permission from the Bekasi Interfaith Harmony Forum.”

At the Galaxy area demonstration, FPI Bekasi branch head Murhali Baeda tried to impugn the legal status of the Galilea church by telling ANTARA, the official news agency of the Indonesian government, that he was “certain” that “a number of the church buildings” in the area “do not have complete permission.”

“This is proved by the large number of posters and banners that are displayed in the alleys and public gathering places rejecting the presence of these [church] buildings,” Murhali told ANTARA.

A Joint Ministerial Decree promulgated in 1969 and revised in 2006 requires the permission of more than 60 neighbors and a permit from local authorities to establish a place of worship in Indonesia.

Representatives of Islamic organizations at the demonstration shouted, “Churches are not allowed in Galaxy” and carried posters and banners declaring, “We Faithful Muslims Reject the Presence of Churches,” as well as “Beware of Christianization of Galaxy.”

Local organizations represented at the demonstration included the Bekasi Dakwah Council, the Bina An Nisa Dakwah Council of Bekasi and the Galaxy Mosque and Mushola Forum, but Tetelepta said he was sure that 95 percent of the protestors were not local people.

Also present at the demonstration were representatives of the Islamic Youth and Student Forum, Islamic Unity, the Committee to Enact Syariah (Law), Muhammadiyah, the Islamic Youth Movement, the Syariah Concern Society, the Islamic Youth Federation, the Bungin Dakwah Council, the Gembong River Society, Irene Centre and the Indonesian Mujahadin Council.

Baeda of the FPI accused the church of “Christianizing” local residents by distributing food “and the nine essentials at a reduced price.”

“The church is distributing these things as incentive to confess Jesus as their Lord,” Baeda told Compass. “We have received several reports of this from people who have accepted these distributions.”

This type of activity disturbs society, he added. “I consider this wrong-doing.”

The local FPI leader told ANTARA that there are at least six churches and a number of homes that function as churches.

“At night praises to their God in the form of songs disturbs the people’s sleep,” he reportedly said.

Tetelepta denied that the church had tried to “Christianize” people.

“We have never distributed food or the nine essentials,” he said. “The only thing we have done is to spray for mosquitoes near the church.”

Before coming to Galaxy the congregation had worshipped in various places in Bekasi. At the suggestion of the government, Tetelepta said, the church purchased the property in Galaxy in 2006 in order to construct a worship place.

He added that there has been an effort to discredit the church in the Bekasi area.

“Our worship services will continue as usual in spite of the demonstrations,” he said. “We are coordinating things with the police.”

Report from Compass Direct News 

KENYA: CHURCH STRUGGLING AFTER ISLAMISTS DESTROY BUILDING

Six months after attack, Muslim assailants still at large; weary congregation faces heat, rain.

GARISSA, Kenya, March 5 (Compass Direct News) – Six months after a gang of Muslim youths ruined a church building in this town in northern Kenya, Christians still worshipping in the sweltering heat of the open air say they feel disillusioned that officials have done nothing to punish the culprits or restore their structure.

On a sunny afternoon last Sept. 14, when angry Muslim youths threw more than 400 members of the Redeemed Gospel Church out of their church building, the Christians hoped they would be able to return to the ruins of their former structure. That hope is quickly giving way to anger, hopelessness and despair.

“After six months in the open, the church feels tired and cheated,” said pastor David Matolo. “We are fed up with the empty promises from the government administration.”

He said the church, which began worshipping in Garissa in early 2001 with only a dozen members, is fast shrinking.

“Our church membership has decreased, which is of great concern to me,” he told Compass. “The church thinks that the government has decided to buy time – almost every month I do book appointments with the relevant authorities, who on several occasions have given us a deaf ear.”

Since the attack, church members have been meeting at the town show grounds. Just a few miles from the Somali border, the site has few trees to protect the congregation from the scorching sun, with temperatures ranging from 92 to 104 degrees F (30 to 40 degrees C).

Asked why he thought government officials were reluctant to grant the church a permanent place of worship as promised, an irritated Matolo did not hesitate to reply.

“The administration has decided, ‘kutesa [inflict pain on us],’ always making promises that never come to pass,” he said. “At times the provincial commissioner deliberately decides not to take my phone calls. I have had a painful experience.”

Matolo said he has asked the administration either to allow the church to build a new structure on land lying idle near a police training college or to let them return to their original site. “We are ready for any eventuality,” he said. “We feel that the administration is not concerned about our spiritual welfare.”

Asked about the pastor’s complaints, provincial police officer Stephen Chelimo told Compass, “The issue at the moment is not within my docket, but wholly rests upon the provincial commissioner.”

But Provincial Commissioner Stephen Maingi said the onus rested on the district commissioner. “Let the district commissioner sort this issue with the pastor,” Maingi said.

District Commissioner Onyango Ogango, in turn, indicated the church itself was the source of problems.

“If the church is allowed to return to their original site, we will expect a fight to erupt with the Muslims,” Ogango said. “Earlier on, the church began very well during its initial stage of inception with controlled worship, but later it turned out to hold noisy prayers and loud songs.”

Further questioned about these allegations, however, Ogango said he would call the pastor to discuss a resolution. Even so, Matolo said previous contact with the district commissioner did not leave him with high expectations.

“Our district commissioner seemed to have no feelings for our predicament,” he said. “The faces of the congregation members speak a lot.”

A glance at the worshippers confirmed his appraisal. They looked weary and anxious, with impending April rains expected to add to the indignity of their situation. Matolo said his congregation feels that soon it will be difficult to worship at all.

Even a temporary home did not appear to be forthcoming. The pastor said their request for a site near the provincial commissioner’s residence was dismissed on the grounds that it would create a security concern.

 

Radical Islamic Influence

Tensions between Christians and the Muslim-majority population in the semi-desert town of 20,000 people began in June 2007, when Muslims built a mosque too close to the church building – only three meters separated the two structures.

Matolo said pleas to District Commissioner Ogango did nothing to reverse the encroachment of Muslim worshippers.

Land issues alone have not been responsible for tensions in the area. The Rev. Ibrahim Kamwaro, chairman of the Pastors’ Fellowship in Garissa, said Matolo had offended Muslims when he preached to a lame Muslim man. Muslims were said to be upset that the pastor persuaded the disabled man to stop going to the mosque and instead join his church.

Matolo’s alleged promise to the disabled man of a better life offended area Muslims, Rev. Kamwaro said.

Christians feel increasingly hunted and haunted as the spread of Islamic extremism is fast gaining ground in this town, located about 400 kilometers (249 miles) from Nairobi, the capital. In neighboring Somalia, newly elected President Sharif Sheikh Ahmed on Feb. 28 offered the introduction of sharia (Islamic law) in exchange for a truce with a rebel extremist group said to have ties to al Qaeda, al Shabaab; the rebels said they would keep fighting. Many fear that Muslim youths in this lawless part of Kenya will be tempted to adopt the radical, uncompromising posture of the fighters.

To date, the gang of more than 50 Muslim youths who attacked worshippers and brought their church to ruins have not been apprehended. Members of the congregation feel justice is increasingly elusive.

In Garissa, Muslims restrict churches in other ways. Christians are not allowed to pray, sing or use musical instruments in rented homes owned by Muslims. No teaching of Christian Religious Education in schools is allowed; only Islamic Religious Knowledge is taught.

Garissa has more than 15 Christian denominations, including the East Africa Pentecostal Church, the Redeemed Gospel Church, the Anglican Church, Deliverance Church, Full Gospel Churches of Kenya and the African Inland Church.

Report from Compass Direct News

TURKEY: REGULATIONS HOBBLE PROTESTANT CHURCHES

Reclassifying buildings as places of worship nearly impossible.

ISTANBUL, December 15 (Compass Direct News) – In the city of Samsun on the north coast of Turkey, the beleaguered congregation of the Agape Church Association struggles against local Islamic hostility toward its presence.

In the last three years Agape church members have endured false allegations and verbal abuse from Muslim and nationalist locals. Their pastor has received death threats, and their building has been vandalized, all in an attempt to stop the 30 or so Christians from meeting.

Local authorities have also had their part in opposition to the church, threatening it with legal action based on spurious charges. Despite being an “association,” an official status that provides some legal protections and that the government encourages Christian congregations to obtain, the church was threatened with a lawsuit because members had hung verses of Scripture and a cross on the walls. The Provincial Directorate of Associations inspected the building and told them to remove the offending articles because their rented rooms looked too much like a church.

“We didn’t change the decorations, because having a cross or verses in a building is not a crime,” said Orhan Picaklar, pastor of the church. “If it were, then Muslim associations would have to take down their decorations: verses from the Quran, prayers of blessings and images of the Kaaba in Mecca. We didn’t change a thing.”

It was this sort of harassment that led the Alliance of Protestant Churches of Turkey (TEK) to write its latest report, published last month. TEK, established in 1989, represents 34 churches throughout Turkey and acts as a support and advocacy group.

The report focuses on the unfounded obstacles and challenges facing Christian congregations wishing to construct or reclassify church buildings. Authors of the report told Compass that congregations in principle should not have to meet under the pretext of an association, since the law in theory provides for the establishment of “places of worship.” They said the push on the side of authorities to form associations is in essence discriminatory.

“A place of worship for religious groups is crucially important; they need places of worship in order to survive and develop,” said a member of the TEK’s legal committee. “The process of becoming a place of worship, although legally possible, is in practice almost impossible. Because of that, we feel the need to put this issue on the agenda. We wanted to bring this issue to the attention of local and international bodies.”

In 2003 Public Works Statute 3194, which regulates the construction of religious buildings, was amended in response to pressure from the European Union. The revised regulation now uses the phrase “places of worship” rather than “mosques.” This has prompted Christians to apply for legal status changes for the “offices,” “residences” and “warehouses” in which they had been meeting.

This change in the law paved the way for Christian meeting places to be “rezoned” and legally registered as churches; applications for status change thus far, however, have been rejected by local municipalities on various grounds.

The Besiktas Protestant Church is awaiting a decision on its application to have its premises rezoned. No church has ever succeeded in such a quest.

“All the documents have been there for the last two years; it’s just been kept from coming,” said a member of the Besiktas church. “They don’t want to make a decision. That a group can take a non-church building and get it rezoned is not a precedent that they really want to see.”

Another step towards obtaining credence came from a change of law in 2005 that removed previous restrictions on forming associations. At least nine churches have submitted applications to their local authorities to register as such.

“The government is recommending that – they want churches to become associations,” said the Besiktas church member. “We may well do that.”

Although this is a major step forward in Turkish churches’ struggle to gain legitimacy, registering as associations has not always kept them from harassment and maltreatment.

“Being organized as an association does not rezone your building,” said the Besiktas church member. Only gaining legal status as a “place of worship” would make holding church services legal. “You’re holding church services in a place that’s set aside for that.”

Along with the Besiktas church, the TEK report cites the cases of four other congregations that are facing closure based on charges of violating zoning laws. It is this sort of harassment that congregations hope to prevent by changing the classification of their buildings.

Four further congregations have had requests to build “places of worship” rejected; in each case, authorities told them that no suitable location was available.

 

Objections

The report outlines three main problems facing congregations wishing to build their own premises.

The first is the size requirement for any new building site. The allocation criteria stipulate that a plot cannot be fewer than 2,500 square meters, an excessive and overly expensive amount of land for a congregation of 30-40, the average Turkish Protestant congregation.

The Samsun church is a case in point. It has met in rented apartments since its inception and been forced to move on numerous occasions.

“The place we use now is a rental, and if the owner wants to kick us out, we’ll be forced to change our church’s location,” said Picaklar. “They [authorities] stipulate that the land be 2,500 square meters. This is impossible for us, because to buy that big of a plot we would need 700,000 to 800,000 U.S. dollars.”

The second issue the report cites is the vagueness of the permission criteria by which civil administration is to award or reject applications. The report suggests that “there is much room for arbitrary discretionary decisions.”

Thirdly, the report berates the unfairness of application denials based on lack of resident Christian population in areas for proposed worship buildings.

The report points out that it is unlikely that the Turkish Protestant community, with a ratio of one member per 20,000 people, would ever have the requisite presence in a single locale to justify the construction of a church building.

 

Proposed Solutions

The TEK report concludes with suggested solutions to the challenges that have dogged its member congregations. It first urges that the national government do a better job of educating and overseeing local authorities.

“The ministries of the Interior and of Justice should not only inform their local offices of the rights of non-Muslim groups but should also adequately train their civil servants and make every effort to prevent rights violations,” the report states.

The report also urges that regulations governing plot and building size be relaxed.

“Communities should be given the chance to buy and build places of worship according to their own needs and resources,” it states. “Christians should be allowed to have small places of worship just like the Muslim masjid [privately owned mosque].”  

Report from Compass Direct News