Indonesia enacts a new Criminal Code promising protection for religious minorities, but advocates question enforcement and political will.
Newsroom (20/01/2026 Gaudium Press ) The year 2026 opened with cautious optimism among Indonesia’s religious minority communities as the government implemented a new Criminal Code designed to safeguard freedom of worship. The reform, ratified by President Prabowo Subianto, marks one of the most sweeping changes to the country’s legal framework in decades — and a potential turning point for religious pluralism in the world’s largest Muslim-majority nation.
Government officials describe the law, which began phased implementation on January 2, as a tool for maintaining social harmony. Among its provisions, Article 305 criminalizes desecration or destruction of places of worship and religious objects — acts now punishable by up to five years in prison or a fine of as much as 500 million rupiah (about US$29,400).
For many minority communities, these measures represent long-awaited recognition of their vulnerability. Yet, amid new promises of protection, skepticism runs deep. Lawyers, clergy, and human rights advocates warn that the law’s impact will depend less on its wording than on how faithfully it is enforced.
Lingering Feudalism and Legal Uncertainty
Peter Selestinus, a lawyer linked to the opposition Indonesian Democratic Party of Struggle (PDI-P), argues that the new code fails to shed the authoritarian legacy embedded in Indonesia’s legal tradition. “The feudal character remains in the new Criminal Code,” he said, describing the legislation as repressive and uncertain.
Selestinus pointed out that several provisions annulled by the Constitutional Court in previous versions have resurfaced — a move he views as symptomatic of lingering “feudal” influence. “We still do not know President Prabowo’s firm stance on protecting religious minority life,” he added, echoing a widespread feeling that political will matters more than formal reform.
Grassroots Reality: Protection Still Uneven
Those working directly with minority communities share Selestinus’s concerns. Attorney Siprianus Edi Hardum recounts a confrontation in late 2025, when fewer than two dozen demonstrators tried to halt renovations of a Catholic church in West Java just before Christmas. The protesters, he said, had no legal grounds — only intolerance.
“I believe feudalistic characteristics still influence our laws, causing them to yield to intolerant pressure,” Hardum said. He argued that local authorities often vanish at critical moments, leaving faith communities exposed. “This problem is worsened by the frequent absence of government authorities when minorities face confrontations with intolerant groups.”
Hardum urged the government to take a more proactive stance by educating the public about the law and reaffirming Indonesia’s founding philosophy, Pancasila, which enshrines unity and religious tolerance.
Faith Tested by Fear and Silence
For Father Aloysius Widyawan Louis, dean of the Faculty of Philosophy at Widya Mandala Catholic University, the state’s inconsistencies are nothing new. He remembers past terrorist attacks on churches — including his own — that revealed systemic failures of protection.
“Sometimes the authorities even participate in persecuting minorities under the pretext of calming the anger of the majority,” Father Aloysius said. He noted that officials frequently prioritize appeasement over accountability, often sealing churches instead of dispersing mobs. “They listen more to the voice of the majority than to the constitutional rights of victims,” he lamented.
Vulnerable groups such as women, children, and the elderly, he said, often bear the brunt of intimidation. Despite government campaigns promoting “religious moderation,” Father Aloysius said civil society networks now do much of the practical work — offering education, advocacy, and aid to victims of persecution. These networks, however, struggle with limited resources and political resistance.
A Legacy of Entwined Power
The tension between religion and state power in Indonesia has long preoccupied scholars. The late intellectual Daniel Dhakidae once described them as “two sides of the same coin” — bound in mutual dependence and contradiction. During the authoritarian New Order era under President Suharto, Dhakidae observed that “religion was a tool of the state, and the state was also a tool of religion.”
That dual legacy continues to shape contemporary governance. Efforts to protect minority rights often collide with political pragmatism, as local officials balance allegiance to constitutional values with deference to majoritarian sentiment.
Hope with Caveats
For Bonar Tigor Naipospos, deputy chair of the Setara Institute for Democracy and Peace, the new Criminal Code offers both promise and peril. While it explicitly penalizes desecration of houses of worship, he warns that bureaucratic hurdles — such as strict licensing rules — could still be used to justify harassment of minorities.
“Everything depends on law enforcement,” Naipospos said. “It also depends on whether local governments uphold the constitution or prioritize political accommodation.”
As Indonesia steps into this new legal era, the central question remains: will reform on paper translate into justice on the ground? For now, members of Indonesia’s minority faiths are watching — hopeful, but wary — to see whether the law will finally shield them from intimidation, exclusion, and fear.
- Raju Hasmukh with files from UCA News
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