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 A court in Bandung on Sept. 17 rescinded the order that revoked the church building permit, paving the way for congregants to resume worship there.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


Christian couple on trial; member of prosecution team threatens to kill wife.

ISTANBUL, May 29 (Compass Direct News) – Radical Pakistani Muslims in a town outside of Lahore this month overran a courtroom in hopes of swaying a judge in a “blasphemy” case against a Christian couple, and a member of the prosecution later threatened to kill the wife.

Some 50 molvis (Muslim clergy) on May 14 burst into the courtroom in Mustafabad, where a bail hearing was taking place in the case against Munir Masih and his wife Ruqiya Bibi, according to the Centre for Legal Aid Assistance and Settlement (CLAAS).

“Nobody could stop them as they rushed into the court,” said CLAAS’s Tahir Gull, sole representative for the accused. “They said, ‘No non-Muslim has the right to keep a Quran in his house, they have done this so they are liable to be punished.’”

Masih and Bibi, both in their 30s, were originally accused under section 295-B of Pakistan’s penal code with defiling the Quran by touching it with unwashed hands on Dec. 8 of last year. Masih was taken to prison and remained there until Jan. 22, when a Muslim neighbor who had asked him to store some of his possessions, including his Quran, testified on his behalf and the case was dropped.

The complainant, Mohammad Nawaz, subsequently filed another accusation on Feb. 12, this time under 295-C, blasphemy against Muhammad, Islam’s prophet. This charge carries a death sentence, whereas defiling the Quran calls for life imprisonment.

Despite pressure from the crowd of clerics, Judge Shafqat Ali – also a molvi – granted the couple bail. Following the hearing, however, a member of the prosecution team approached Bibi outside the courtroom and threatened to kill her.

“Ruqiya was waiting outside the court,” said Gull, “and one man came and said, ‘Whatever the decision, we will kill you.’”

A prosecution lawyer read portions of the Quran while presenting his case, he added.

“He was not explaining the law in which the accused were charged,” said Gull. “He was trying to influence the court religiously.”

Charges of blasphemy are common in Pakistan and particularly incendiary, often leading to strong shows of religious zeal. It is not uncommon for sections 295-B and 295-C of the Pakistani penal code to be invoked in retaliation for personal grievances.

“It is very easy to grab any person for religious reasons,” said Parvez Choudhry, chairman of Legal Aid for the Destitute and Settlement, who specialize in blasphemy cases. “There are many personal cases involving property, or money, or business that motivate the complainant against the accused person. All the cases are falsely charged.”

Pakistan’s blasphemy laws have come under heavy fire from international rights groups. Any private citizen can file blasphemy charges, destroying reputation and livelihood. The charge can possibly lead to the death penalty in the conservative Islamic country.

Masih, who before his initial arrest had been a day laborer, is no longer able to find work due to the stigma of the blasphemy accusation.

“There is a need to repeal these sections [295-B and 295-C],” said Choudhry. “This is considered a draconian law.”

Section 295-C carries a death sentence for anyone found “by words or visible representation or by an imputation or insinuation, directly or indirectly, [to have] defiled the name of the Muhammad of Islam.”

Choudhry suggested that just correcting the vagueness of this definition would go a long way toward reducing its frequent misuse.

“The word ‘indirect’ should be repealed – this is wrong, unconstitutional,” he said. “They have no value in the Evidence Act of Pakistan. The Evidence Act states that there needs to be direct evidence for a conviction.”

The next court date has not yet been assigned, but Gull said he is confident about securing an acquittal.

“We have a good case on our side,” he told Compass. “I am very optimistic.”

Report from Compass Direct News