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High Commissioner for Human Rights of the United Nations Navanethem Pillay with Hanny Megally and Matilda Bogner, accompanied by representatives of the Ministry of Foreign Affairs come to the Constitutional Court on Tuesday (13/11) at Chief Justice Delegation Room. 

They are received by Chief Justice of the Constitutional Court Moh. Mahfud MD, Deputy Chief Justice Ahmad Sodiki, Hamdan Zoelva, Constitutional Court Justice Maria Farida Indrati, Ahmad Fadlil Sumadi and Muhammad Alim. In addition, the Secretary General of the Constitutional Court Janedjri M. Gaffar and Registrar of Court Kasianur Sidauruk also present the meeting.

During the meeting, it is talked about a few things, especially related to the protection, enforcement and fulfillment of human rights in Indonesia. Navanethem, asks a few questions to Mahfud, and other constitutional judges. The question, among others, about freedom of speech, expression, religion, and the implementation of human rights instruments in the decision of the Court.

Sodiki then give some explanation to that question, particularly regarding freedom of religion. He explained that religious life in Indonesia is based on the philosophy of Pancasila, i.e., as defined in the First Precept, Belief in God Almighty. According to him, Indonesia is not a secular state, but nor theocracy. "It’s a mutual agreement," he said.

Mahfud also added that the position of religion in Indonesia is the spirit or the noble values that animate the implementation of government in the life of the nation. In other words, the teachings of a particular religion are not as the basis of the state ideology.

Basically, says Sodiki, the state does not interfere in religious affairs of its citizens. However, in case of conflicts between religious communities, the state will intervene. Nor to defend one, but taking a neutral position to provide protection to all faiths. The state’s role is to keep the conditions stable and peaceful. "If there is friction, the state intervened," he said.

All citizens are freely practicing their religion. "Neither in spreading the teachings of their own religion," said Sodiki. In fact, he said, because it is very pluralistic and tolerant religious life in Indonesia, often certain religious celebrations, is also celebrated by other religions. At least, in the form of congratulating each other and help each other in celebration activities. "There is no difference (read: discrimination, pen) the majority of the minority faiths," said Hamdan.

Therefore, said Sodiki, actually if there is a conflict between religious communities; it is due to lack of understanding of the religion. It is not because of the rules or intimidation by the state in a particular group. Instead there, said Mahfud, the rules on blasphemy in Indonesia aims to ensure the protection of certain religions that religion was not insulted or desecrated by others. The freedom of belief and expression should not be kept within the limits of insulting religion or belief of others.

The view that too later echoed by Navanethem. According to him, international rules also stated as such. That in principle, freedom of expression is not absolute or absolute. So, if there are legal issues related to it, is actually left to the judge based on each country’s legal and social conditions of the country to decide on the best and fair.

With regard to freedom of opinion and expression, said Sodiki, since the reform era is wide open. Both the press and the public are very reserved in their opinions or criticizing the running of the government. In this regard, he said, was the decision of the Constitutional Court that essentially cancels the prosecutor authority to ban certain books or printed matter to circulate in the community. MK consideration at that time, one of them, the prohibition must be through due process of law and fair, accompanied by obvious reasons. "There used to be banning for no apparent reason," he said.

At the end of the meeting, Navanethem and Mahfud then exchanged flags and handing each other souvenirs. According Navanethem, Indonesia is a country that includes relatively rapid democratic development and good. (Dodi / mh/Yazid.tr)

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