“The Action of Sintang Regent is Inconstitutional and Refreshing Intolerance in Society”

Imparsial Media Release
No. 029/Siaran-Pers/IMP/X/2021
Responding to the 2nd Warning Letter of Sintang Regent regarding
The Demolition of the Ahmadiyya Jama'at Mosque

Not to mention that there has been a settlement for the case of the destruction of a mosque belonging to the Ahmadiyya Jama'at in Sintang, West Kalimantan, the Ahmadiyya Jama'at there has again been saddened by the issuance of the second warning letter regarding the demolition of their house of worship, the Miftahul Huda Mosque. A letter dated October 15, 2021, issued by Sintang Regent and addressed to the head of the Indonesian Ahmadiyya Congregation in Balai Desa Harapan, which contains a warning because JAI ignored the first warning letter. In the second warning letter, the order to demolish their house of worship is also accompanied by a threat that if the house of worship has not been demolished within 21 days, then the demolition will be carried out by the Sintang Government.

Imparsial views that the step of the Sintang Regent who has issued a warning letter for the demolition of the mosque belonging to the Ahmadiyah Congregation in Balai Harapan Village, is in fact a form of discrimination and a violation of the constitutional rights of citizens to worship which are guaranteed by the Constitution. The step taken by the Sintang Regent is a bad example for regional heads who do not comply with the state constitution. Instead of protecting the human rights of its citizens, he positioned himself on the side of those who are intolerant of the Ahmadiyya Jemaat and failed to carry out its constitutional obligations to protect the freedom of religion or belief of its citizens.

It is important to understand that the right to the establishment and management of places of worship is part of the right to worship as one of the important elements of freedom of religion or belief. In the context of freedom of religion or belief, the right to worship is a form of embodiment of one's religion or belief which has received strong guarantees in various laws and regulations, namely Article 28E and Article 29 paragraph 2 of the 1945 Constitution. , Article 22 of Law Number 39 of 1999 on Human Rights, Article 18 of the International Covenant on Civil and Political Rights which has been ratified by Indonesia through Law no. 12 of 2005. Therefore, it is the obligation of the state, including in this case the local government as the representative of the state in the region, to guarantee and protect the right to freedom of religion or belief of its citizens.

Imparsial believes that the repeated persecution and discrimination experienced by the Indonesian Ahmadiyya Jama'at cannot be separated from the state's indecision in law enforcement and neglect of intolerance in society. The state should be present to protect the human rights of its citizens regardless of their religious background and beliefs, not to discriminate and participate in the persecution of minority groups. If these bad attitudes and steps are allowed to continue, the practice of intolerance will thrive and ultimately threaten diversity and diversity in society.

In addressing the issue of the establishment of praying homes, including if there is a dispute in the community, it is a must for the government and local governments to use human rights principles and standards as a guide and reference in resolving these problems. This is important to ensure that every government policy and/or local government does not discriminate and violate the rights of worship of its citizens.

The establishment and use of places of worship must be based on the real needs of its adherents, and in this case the government is obliged to facilitate the licensing of the establishment and use of such places of worship, as well as the real needs substantively in accordance with the will of the adherents of the religion or belief. . If there are other groups who think that the mosque building belonging to the Ahmadiyya Jama'at violates the rules, the government's task should be to facilitate dialogue. The regent as the embodiment of state representatives in the regions, is obliged to protect and guarantee it, not to carry out acts of persecution by issuing discriminatory policies against one group.

Based on the statement above, Imparsial initiates the following actions:

1. Condemning the sending of the 2nd warning letter by the Regent of Sintang to JAI Branch
   Balai Harapan in Sintang regarding the launch of the Miftahul Huda Mosque belonging to the Indonesian Ahmadiyah Jama'at;
2. The Sintang District Government to revoke warning letters 1 and 2 regarding the demolition of the Ahmadiyya Jama'at mosque, and immediately facilitated the administrative process and establishment of houses of worship belonging to the Ahmadiyah group;
3. Requesting the Central Government to evaluate the Sintang District Government's policies regarding violations of the freedom of religion and belief of the Sintang Ahmadiyah Jama'at;
4. The West Borneo Regional Police must take strict legal action against the perpetrators of the destruction of the mosque belonging to the Ahmadiyah Congregation in Balai Harapan Village, Sintang which occurred on September 3rd, 2021, by not only targeting the perpetrators in the field but also the mastermind behind the destruction must be prosecuted.
5. Urging the government to revise PBM No. 8 and 9 and Revoke the SKB
   Prohibition of Ahmadiyah No. 3 of 2008 which became a source of intolerance and violations of KBB in the regions.

Jakarta, October 21st, 2021

For any further information, contact:
● Gufron Mabruri (Chief/081213340612)
● Ardi Manto (Vice Chief/081261944069)
● Amalia Suri (Researcher/082367832141)
● Annisa Yudha (Researcher/085711784064)