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 

Christians Most Hit by Religious Freedom Violations

Mob succeeds in getting local official to shut down HKBP church in West Java.

JAKARTA, Indonesia, January 21 (CDN) — A moderate Muslim research institute focusing on interfaith issues in Indonesia reported 35 cases of government violations of religious freedom – including 28 against Christians – and 93 instances of community intolerance of churches in 2009.

The Wahid Institute issued a year-end report of violations that included the revocation of the building permit for the HKBP Cinere Church – later overturned in court – opposition to a Catholic Church in Purwakarta and an order forbidding worship by the Filadelfia Huria Kristen Batak Protestan Church (HKBP) in Bekasi, West Java.

The highest number of violations occurred in West Java, with 10 cases, including seven against Christians; next was East Java with eight, including four against Christians, followed by Jakarta Province with four (three against Christians). In Central Java, two of three religious violation cases were against Christians, and in West Nusa Tenggara, one of the three violations violated Christians’ rights.

Government infractions included closing churches and failing to intervene in mob actions. Police were cited in 18 cases, provincial governments in eight, village and sub-district governments in six cases each and courts in two incidents.

Just as government violations were highest in West Java, community intolerance there was also highest with 32 cases, of which 14 were against Christians. Next was Jakarta, where eight of 15 cases of community intolerance were against Christians, then East Java where six of 14 cases hurt Christians. In Central Java, Christians were the victims in five of the 13 cases of community intolerance.

In West Java, the root problem is the spread of hatred against religious groups, including Christians and Jews, according to the report.

While the reported violations of religious freedom were lower than in 2008, the issue of religious intolerance continued to grow during 2009, aided by legislative and presidential elections as religion is often used to gain votes in Indonesian elections, according to the study. The overall figure of 128 cases of violations of religious freedom by government or society in 2009 represents a drop from the 2008 figure of 234 cases, according to the Wahid Institute.

Yenny Zanuba Wahid, director of the institute, told Compass that the government has not considered freedom of religion an important issue that needed attention. As a result, the government has not addressed reports of intolerance even in the face of international pressure.

“The government has been timid to acknowledge violations of religious freedom, but these are real and are carried out directly by government bodies or indirectly as a result [of government] policies,” Wahid said.

Muslims make up 88.2 percent of Indonesia’s population of about 240 million people, with Protestant Christians making up 5.9 percent, Catholics 3.1 percent, Hindus 0.8 percent, Buddhists 0.2 percent, and other religions 0.2 percent.

Church Closure

In West Java, mob efforts to shut down the Filadelfia Huria Kristen Batak Protestan Church (HKBP) in Bekasi succeeded on Dec. 31 when the district officer issued a decree ordering a stop to all worship activities at the site of the church building under construction.

The decree ordered that the construction of the building stop, and that the structure not be used for worship until the building permit process was final. The district officer based his recommendation upon a 1990 rule regarding building permits in Bekasi.

Tigor Tambubolon, head of the church building committee, acknowledged that the building permit had not been formally granted even though the process had been under way since 2000.

“We already have the permission of the Jejalen citizens,” Tambubolon told Compass. “That’s why we were brave enough to hold Christmas Eve services.”

Last Christmas Eve hundreds of protestors demanding a halt to worship demonstrated against services at the site, where 279 Christians had gathered.

A New Year’s service scheduled to take place at the site moved to the office of the village head due to fears that protestors would become unruly. Police Chief Herry Wibowo said his officers guarded the church site at that time.

The Rev. Palti Panjaitan of Filadelfia HKBP told Compass that the church had been worshipping in the area since 2000 by meeting at various members’ homes. As the congregation grew, they rented a building combining a home and store in Vila Bekasi 2 Tambun.

“The local citizens demonstrated against our worship services,” said Panjaitan. “From there we moved to a member’s home in Jejalan village. We profited because the Jejalan citizens were very good.”

Eventually the church bought a piece of land there. A number of the community leaders and the village head gave their agreement to build the Filadelfia HKBP church there.

The Interfaith Harmony Forum of Bekasi district gave approval for the building with the stipulation that the church obey a joint ministerial decree revised in 2006 regarding construction of houses of worship. The building committee obtained signatures of 259 non-Christians endorsing the project, though the joint decree required only 60 signatures. Then the building committee wrote a formal request for a building permit.

Church elder Tambubolon, however, added that a sub-district officer collected signatures from citizens opposed to the construction of a house of worship in Jejalan. The total number of signatures is unknown, but the sub-district office sent a letter to the district officer rejecting the building permit.

Nevertheless, Tambubolon said, the church is not considering a lawsuit over the district officer’s decree.

“We are going to continue worshipping, because it is the right of every citizen,” he said. “If we are forbidden to worship even in the village office, we will continue to do so.”

Report from Compass Direct News 

Indonesian Islamists Bully Villagers into Revoking Church Permit

Area residents who had approved construction are intimidated into withdrawing support.

JAKARTA, Indonesia, October 26 (CDN) — The regent of Purwakarta regency, West Java has revoked his decision to permit construction of a Catholic worship building in Cinanka village after Islamists threatened residents into withdrawing their approval of the project.

Dedi Mulyadi on Oct. 16 revoked the permit for construction of Catholic Church of Saint Mary after Islamists threatened some of the local residents whose approval is required by Indonesian law, the priest of the church told Compass.

“Those who had signed were continually terrorized by the FPI [Front Pembela Islam, or Islamic Defenders Front],” the Rev. Agustinus Made said. “They became so frightened that when they were called to a meeting by the Interfaith Communications Forum, many did not attend. Also, the members of the Interfaith Communications Forum and the Department of Religion were also terrorized by the FPI so that they were afraid to say that they agree to the church building.”

The FPI also intimidated the regent, resulting in his revoking the building permit he himself had signed two years ago, Made said.

“Since the end of the Islamic month of fasting [Aug. 22], the FPI has staged repeated demonstrations in front of the regent’s office demanding that the building permit for Santa Maria Church be rescinded,” he added.

The 5,000-square meter residential lot had been zoned for a house of worship. Jaenal Arifin, head of the National Unity and Community Protection Purwakarta Regency Office, said Regent Mulyadi signed the Oct. 16 decree revoking the building permit.

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.

The regency office’s Arifin said that, after a review of a community survey taken by the Interfaith Communications Forum of Purwakarta Regency and the Purwakarta Regency Department of Religion, 15 citizens had withdrawn their support. Additionally, he said, the church had not secured permission from the block captain.

“Based upon the latest developments, only 45 citizens have agreed,” Arifin said. “Therefore the requirement is not fulfilled.”

The congregation of 1,000 people has been holding services in a warehouse belonging to a steel factory located far from the proposed building site. The church has been worshipping in the warehouse since 2002.

With the revocation of the building permit, the church is also in danger of losing its place of worship. There is fear, Made said, that a radical group will approach the owner of the warehouse to stop services there.

The church is preparing to bring a lawsuit in a West Java court, he said.

“We are building on land that was set aside [zoned] for a house of worship, and which we have purchased,” Made said. “We demand that justice be firmly enforced. Intimidation by radical groups must cease.”

Report from Compass Direct News