Church Closure in Indonesia Called Unconstitutional at Hearing

Representative for HKBP congregation in West Java tells court sealing was illegal.

JAKARTA, Indonesia, June 18 (CDN) — In a hearing in its lawsuit against a local government, a representative for a church that Bekasi, West Java officials summarily closed earlier this year told an administrative court that the action was unconstitutional.

The Huria Kristen Batak Protestan (HKBP) Filadelfia church had filed a lawsuit on March 30 against the local government for its Jan. 12 sealing of the building under construction. Regent H. Sa’adudin on April 12 issued a decree to cease worship and other activities.  

At a court hearing on June 2, the coordinator of the litigation team, Thomas Tampubolon, explained that the regent’s decree of Dec. 31, 2009 to seal the building conflicted with Indonesia’s 1945 constitution. He said the decree violated Article 28 of the constitution, which guarantees freedom of religion.

“It also violates Article 29, which guarantees freedom of worship, and Law No. 39 (1999) concerning human rights,” Tampubolon said as he read the suit to an administrative court.

Tampubolon said that the decree also violated 2006 Joint Ministerial Decree No. 9 regarding the role of regional administrators in maintaining harmony between religious groups and in the construction of houses of worship.

Lastly, he said that the regent’s decree violated the International Covenant on Civil and Political Rights, which Indonesia ratified in 2005. The legal team requested that the Bandung Administrative Court issue an injunction staying the decree of the Bekasi regent.

Additionally, the team requested that the regent’s order be rescinded and that he be ordered to process the building permit request and to grant permission to construct a house of worship in accordance with current regulations.

Deddy Rohendi, a member of the regency defense team, replied that Tampubolon’s claims were false, and he requested that the court dismiss the suit.

“The regent’s decree was legal,” Rohendi said.

As the judges are considering the HKBP Filadelfia’s case, they are expected to travel to the village to interview citizens about the church building.

A member of the legal team who is also a member of the church, Parasian Hutasoit, said that the Filadelfia congregation was very upset with the Department of Religion and the Interfaith Harmony Forum because neither had acted upon the request for permission to build which was submitted on April 2, 2008.

“Our application has not been acted upon, and suddenly our church is sealed without clear reason,” he said.

Hutasoit said he regretted that the church had been forced to resort to court action. He added that he hopes the suit will force the government to show more care regarding the problem of places of worship and ensure the rights of groups such as HKBP Filadelfia that have obtained the required signatures of local people.

 

Harrassed

Prior to the hearing, Muslim opponents harassed the church’s Sunday worship, demonstrating against it on May 30, as they have on past occasions.

The group of women and children said they were from the Islamic Communications Forum of Jejalan Raya village. They gathered at 8 a.m. in order to hinder church members from worshipping in the area in front of the sealed building.

The Rev. Palti Panjaitan explained that the demonstration lasted about 15 minutes, ceasing after a community leader from Jejalan Raya village told the demonstrators they were causing a disturbance. Worship for the church is normally from 9 to 11 a.m.

“Only the building committee and the church leaders had come,” said Panjaitan.

He recounted that on May 27 the church learned a mob was going to demonstrate the next day and notified police.

“Apparently the demonstrators thought that because Friday was a holiday, we would have services,” Panjaitan said. “Actually, we did not have anything.”

He wished that the police would be more proactive about demonstrations. “As for the demonstrators, what more do they want? We have been forced to worship under the sky, on newspapers, in front of our sealed church, and they still demonstrate against us,” Panjaitan concluded.

On Jan. 3, a mob unrolled mats and sat in front of the church. “They wanted to keep us from worshipping,” Panjaitan said.

 

Seal Order

The Filadelfia Church was founded in April 2000 by Batak families in four village divisions in the North Bekasi area. They held Sunday worship in different homes on a rotating basis.

Citizens from the Islamic Communications Forum of Jejalan Raya village were disturbed by these house services. After the house services were banned, the congregation searched for a piece of land on which to build.

On June 15, 2007, HKBP Filadelfia was able to purchase land from a woman identified only as Sumiati. The Christians told her that they wished to build a church on the property, and Sumiati and her heirs signed affidavits stating that they agreed to this use. The Bekasi government issued the deed on Sept. 26, 2007.

After the purchase, the church began collecting signatures of local citizens in order to satisfy the requirements of 2006 Joint Ministerial Decrees No. 8 and No. 9 requiring at least 90 Christians and at least 60 non-Christians agreeing to construct a church building.

The church quickly obtained the required signatures, and on April 2, 2008 the head of Jejalan Raya village issued a letter recommending that the congregation be given a building permit. The letter was addressed to the Regent of Bekasi with copies to the Department of Religion, the Interfaith Harmony Forum and the District Officer of Tambun Utara (a sub-district of Bekasi).

Since then, nothing has been done. No building permit has been issued. Since Jan. 12 the Bekasi Regency Government has sealed the temporary building the church had been using. As a result, the congregation has been holding services in front of the building fence in the open air.

Umbrellas protect them from the tropical sun, where temperatures often reach 33 degrees Celsius (92 degrees Fahrenheit), and occasional rainstorms hit.

Report from Compass Direct News

New Christmas tree design will remind of the real Christmas

Boss Creations, a new holiday décor company, has introduced the new "CHRIST-mas" Tree™, featuring the unique trait of a trunk in the shape of a wooden cross. Company owner Marsha Boggs says the tree was specifically designed to counter the "war on Christmas," reports Boss Creations in its press release.

"When I became a Christian a few years ago," says Boggs, "I was appalled by the secularization of the Christmas holiday. When retail stores started substituting ‘Happy Holidays’ for ‘Merry Christmas,’ and schools began calling their Christmas programs ‘Winter Plays,’ it all seemed ridiculous to me. That’s why we have created products that remind people what the Christmas season is really all about – the birth of Christ."

The "CHRIST-mas" Tree™ is size adjustable up to 7.5 foot tall to accommodate various ceiling sizes. Additionally, the company offers ornaments, wreaths and gift items all with Christian-based themes.

Legal fights over Christmas symbolism continue to create headlines such as a recent ban on religious songs in a New Jersey school district where the federal appeal judges noted "such songs were once common in public schools, but times have changed." Lawsuits regarding Christmas trees being taken down from public buildings have sparked anger across the country. Boggs says Boss Creations’ mission is to uphold the traditional meaning of the Christmas season, and from their sales, the company will be supporting two non-profit organizations that work as advocates for religious freedom.

A portion of the proceeds of all "CHRIST-mas" Tree™ sales will go to support the American Center of Law & Justice, an organization recently hailed by BusinessWeek as "the leading advocacy group for religious freedom," as well as to the Liberty Counsel, a nonprofit litigation, education and policy organization dedicated to advancing religious freedom, the sanctity of human life and the traditional family.

Report from the Christian Telegraph 

PAKISTAN: DOWRY DEMANDED FROM CAPTOR OF CHRISTIAN GIRL

Lawyers try to put financial pressure on husband to secure 13-year-old girl’s release.

ISTANBUL, December 16 (Compass Direct News) – After a judge yesterday placed new financial and social pressure on the captors of a Pakistani girl who was kidnapped and converted to Islam, attorneys have guarded optimism they can return her to custody of her Christian parents.

Judge Malik Saeed Ijaz ordered the girl’s husband, Amjad Ali, to pay a dowry of 100,000 rupees (US$1,275) and allow her parents visitation rights, two actions required by typical Pakistani marriage protocol. At press time he had done neither.

The judge gave Saba Masih, 13, the opportunity to talk with her family during yesterday’s hearing, but she remained mostly silent behind her veil, offering only blunt replies.

“I don’t want to see my parents. They are Christians and I am a Muslim,” she said, according to her parents’ attorney.

Her younger sister Aneela Masih, who was also kidnapped but returned to her family three months ago, pleaded with her older sister to return home. The 10-year-old told her that Christmas was coming and she didn’t want her sister to spend it with those “who are not our people.”

Saba Masih appeared at the Multan branch of Lahore’s High Court yesterday along with her Muslim husband and his family. Her parents filed a contempt petition last month against her captors for failing to follow Pakistani marriage protocol.

Islamic law (sharia), however, gives a wife the right to relinquish a dowry. Lawyers said they fear that the Muslim family will pressure Saba Masih to claim this right in order to offset growing financial pressure.

Lawyers hope that if her mother can visit her, it will convince her to leave her husband and come home to the family; her family believes he has threatened her with violence if she attempts to rejoin them.

At Monday’s hearing, Saba Masih still appeared reluctant to return to her family. Relatives said they were praying that she would change her mind and that the captors would lose their influence over her.

“The main thing is Saba must be ready herself to come back,” said her uncle, Khalid Raheel, the family spokesman. “But she isn’t ready to come back yet, and I don’t know how they are convincing her.”

On Wednesday (Dec. 17) the judge is expected to adjourn the case and issue a deed requiring Ali to pay the dowry at the convenience of the Masih family. The judge yesterday threatened Ali with prison time if he failed to carry out this order.

Akbar Durrani, attorney for the Centre for Legal Aid Assistance and Settlement (CLAAS), said the attorneys might try to use Aneela Masih’s testimony of kidnapping to take the case to the Supreme Court if other options fail.

 

Prostitution Business

The Christian family’s lawyer said the attempt to force Ali to pay a dowry was a tactic to mount financial pressure on Saba Masih’s husband and to convince her to return home. Her family and their lawyers believe she has stayed with her Muslim husband because he and his family have issued death threats.

The Christian family’s chances of winning run against the judicial status quo for Pakistani religious minorities, but the new push comes after a Sept. 9 ruling that returned Aneela Masih to her parents, a rare legal victory for non-Muslims.

“We filed this [contempt] petition so she would come into the court, see her family and hopefully change her statement,” said Durrani of CLAAS. “We also want to put pressure on the Muslim family members because they are afraid of litigation, since they have to pay all these legal expenses.”

Aneela and Saba Masih were kidnapped on June 26 while traveling to visit their uncle in Sarwar Shaheed, northwest of Multan. Their parents say local fruit vendor Muhammad Arif Bajwa and three others kidnapped them in Chawk Munda, a small town in south Punjab.

Saba Masih was married to Ali the next day. Bajwa and Ali registered a case with the police on June 28 for custody of the girls based on their alleged conversion to Islam.

Local residents regard the men as serial kidnappers with connections to a human trafficking ring. The girls’ first defense attorney believed they could have been raped and sold to a brothel.

Ironically, attorneys said, the kidnappers’ alleged desire to exploit Saba Masih may now be the best hope of her returning to her parents, as keeping her has become not lucrative but increasingly costly with court hearings continuing and legal fees multiplying.

“These [kidnappers] don’t have an emotional link to Saba,” Durrani told Compass by phone. “They are in the business of prostitution and only wanted to use these girls for their business.”

Prosecuting attorneys said they have a growing optimism that they can regain custody of Saba Masih, something they thought unlikely two months ago.

 

Long, Hard Battle

In previous hearings, a judge allowed Saba Masih to choose whether or not she would return to her family, even though Pakistan marriage law requires the approval of legal guardians at the age of 16.

The judge determined that her age was 17 based on her testimony and a report by a medical board pressured by Muslim groups to inflate her age. He did not accept as evidence her birth certificate and baptismal record that showed her age as 13.

Younis Masih and his wife first saw their daughters after their kidnapping at a July hearing. The girls were in the company of 16 Muslims and were said to be under pressure to claim they had converted to Islam.

After Aneela Masih returned to her family in September, she claimed that their captors threatened to kill them and their family if they did not do everything asked of them.

Previously it had been reported that she was raped while in captivity, but there was no medical evidence that she was sexually abused or manhandled, lawyers said.

Her sister appears to be suffering, Durrani said.

“The family has told us that Saba Masih is not in good condition – most of the time she cries and is not satisfied there,” Durrani said.

 

Recurrent Problem

Kidnapping of Christians in the Muslim-majority nation of 170 million is not uncommon. Many captors believe they will not be convicted if caught due to the penal code’s influence by sharia, which grants non-Muslims second-class status in society.

Every year there are cases of Pakistani Christian children kidnapped, killed or exploited by those who believe their parents are powerless.

Last month a Muslim family in Nankan kidnapped the 7-year-old son of Pakistani Christian Binyamin Yusef, 30, over a land dispute. Two days later police found his son’s body, which showed signs of torture and rape.

Police did not register the case when Yusef initially approached them. CLAAS representatives hope to open court action against the alleged perpetrators.  

Report from Compass Direct News

ORDINANCE DESIGNED TO ADVANCE GAY ‘RIGHTS’ OVERTURNED BY VOTERS

Voters in the town of Hamtramck, Michigan have overturned an ordinance which would have given legal protections to homosexual behavior, expression and attire, reports Catholic News Agency. The regulations could also have forced businesses to permit men who perceive themselves as women to use women’s restrooms.

Any attempts to prevent such activity, according to the Thomas More Law Center, would have subjected violators to investigations, criminal prosecution, civil litigation, and fines of up to five hundred dollars a day.

The proposal, labeled as a “human rights” ordinance, was defeated 2,903 votes to 2,333.

Father Andrew Wesley, the administrator of St. Ladislaus Parish in Hamtramck and one of the leaders in the fight against the ordinance, wrote a letter published last week in Hamtramck’s The Citizen newspaper supporting overturning the ordinance and denying that the Catholics and Muslims in the town were being intolerant by opposing the measure.

Ordinance opponents knew that “this type of legislation has been used successfully by gay groups in other parts of the country to bring lawsuits against businesses because physical males were refused entrance into women’s restrooms,” Father Wesley’s letter said.

He added that the wording of the ordinance has also been used to bring lawsuits against Catholic adoption agencies which refused to allow same-sex couples to adopt children.

Richard Thompson, President and Chief Counsel of the Thomas More Law Center, commented on the ordinance opponents’ election victory.

“Radical homosexual groups have lost statewide attempts to impose their agenda on the public,” he said. “They are now engaged in a strategy of putting pressure on municipalities –in many cases successfully – to enact draconian provisions like Hamtramck’s. In this case their new strategy failed as the will of the people prevailed.”

Report from the Christian Telegraph