ALSA 2025 meeting

Between Embracing Equality and Guarding the Majority: A Critical Review of Indonesia’s Regulation on Places of Worship
Abstract
By: Fahri Jundi Daula
Religious diversity and complex character of society should serve as the foundation for fair and inclusive regulation. However, reality shows otherwise, Indonesia regulation concerning the construction of place of worship has grown from the majoritarian logic that often hinders the religious minorities. SKB 2 Minister 2006 stands as clear example of how diversity is framed through a discriminatory regulatory lens. Requiring supports from 90 congregants, 60 signatures from local residents, approval from the Religious of Harmony Forum (FKUB), and permission from the local government. These administrative act as social barriers that restrict communities from worshiping freely. Rather than safeguarding harmony, this regulation often becomes a tool that reinforces the dominance of the Moslem majority. Sometimes even justifying repressive actions. High profile cases like GKI Yasmin in Bogor or HKBP Filadelfia in Bekasi show how the law bends to egocentrism of majority groups and illusion of communal comfort. Starting from this condition, this paper critically examines the exclusive nature of Indonesia’s regulation on places of worship using a legal philosophy approach, particularly Rawlsian procedural justice and comparative analysis with religious regulation in other ASEAN countries such as Philippines and Malaysia which also posses culturally diverse society. The paper aims to offer solutions to the injustice and legal exclusivity faced by religious minorities. Ultimately, this work serves as an academic critique but also a moral appeal, urging for laws that not preserve order, but guarantee every citizen’s right to worship freely, safely, and with dignity.
Keywords: Legal pluralism, religious freedom, minority rights, places of worship regulation, ASEAN legal comparison.