Freedom of Religion and Beliefs in Indonesia: How the Indonesian Constitutional Court Ruled?

Mr Luthfi Widagdo Eddyono1

1Indonesian Constitutional Court, Indonesia

In October 2009, judicial review of Law Number 1/PNPS/1965 concerning Prevention of Abuse or Desecration of Religions against the 1945 Constitution of the State of the Republic of Indonesia was filed.  The Decision of 140/PUU-VII/2009 stated that the inconsistency of norms between Article 1, Article 2 paragraph (1) and paragraph (2), Article 3, and Article 4 of the Law on the Prevention of Religious Desecration is not proven according to the law. This study is intended to analyse this landmark decision related to freedom of religion and beliefs in Indonesia. This study will examine the reasons for the Constitutional Court’s definitions of freedom of religion and beliefs. This paper is the result of normative legal research by examining primary data, namely the decision of the Constitutional Court and other library materials as secondary data. The descriptive approach is used to describe cases submitted to the Constitutional Court related to freedom of religion and beliefs. This paper will analyse the opinion of experts in order to deliver insight for the Court.


Luthfi Widagdo Eddyono is Researcher at Center for Research and Case Analysis and Library Management, Indonesian Constitutional Court


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