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span class="caption" style="width: 398px;">Prophetic: National Commission on Human Rights (Komnas HAM) chairman Ifdhal Kasim speaks as an expert witness at the Constitutional Court in Jakarta on Wednesday, as part of the ongoing review of the 1965 Law on Blasphemy. Ifdhal said the law needed to be revised and that the state was obliged to protect citizens’ religious freedom. JP/NURHAYATI
The judicial review of the 1965 Blasphemy Law requested by several NGOs and supporters of pluralism presents a good opportunity for Indonesia to update its legal system, the National Commission on Human Rights (Komnas HAM) says.

Commission chief Ifdhal Kasim testified before a hearing at the Constitutional Court on Wednesday, arguing that the 45-year-old law was “a product [of the legal system] in a time of emergency”.

“The law was issued to prevent the birth of religious groups in Indonesia and also to fill a gap in the Criminal Code,” he said.

Under the law, the government has the authority to charge leaders and followers of suspected heretical groups with an article in the Criminal Code, which carries a maximum penalty of 5 years’ imprisonment.

“This law rests on the old Constitution, which opposes the new [amended] Constitution. That’s why, based on the new Constitution, there needs to be reviews [of laws] produced by former administrations,” Ifdhal said.

The law on blasphemy contains articles that are not in line with the amended Constitution, which is more advanced in terms of human rights protection than its predecessor, he said.

“We want to see this old product of law supported in the new architecture of law, so we can have harmony in the protection of human rights in religion and faith,” he said.

On Wednesday, the court heard testimonies from the human rights commission, the Indonesian Council of Islamic Propagation (DDII) and the Parisada Hindu Dharma religious council. DDII chairman Syuhada Bahri said the law was constitutional.

Muslim scholar Luthfie Assyaukanie shared a different perspective. Testifying as an expert witness he said the law allowed violent acts against minorities.

In his testimony, Luthfie compared the case of religious sect leader Lia Eden to the situation the Prophet Muhammad faced when he preached his teachings.

Islam, he said, was deemed heretical by the Quraisy Arabs and Muhammad was condemned by the majority of these people. This was the same as what happened to Lia Eden when her teachings were deemed heretical, he said.

Lia was jailed for propagating her sect in June last year.

Luthfie’s statement triggered a series of objections and questions from representatives of Muslim groups Muhammadiyah, Nahdlatul Ulama (NU), DDII and the Indonesian Ulema Council (MUI).

He later apologized if his statement had offended certain parties.