New regulation removes forum approval for construction of places of worship

TEMPO.CO, Jakarta – The draft presidential regulation on preserving religious harmony no longer requires a written recommendation from the Religious Harmony Forum (FKUB) as a condition for establishing a place of worship.

Head of the Center for Religious Harmony (PKUB) at the General Secretariat of the Ministry of Religious Affairs, Mr. Adib Abdushomad, said that the draft regulations eliminate the authority of the FKUB at the district/city level to issue letters of recommendation for the establishment of a cult. houses. In the future, these recommendation letters will be issued by the Ministry of Religious Affairs.

Adib stressed that the power to issue recommendations should rest with the government. “It is completely normal for the government to issue the recommendation,” he said in Jakarta, Thursday, October 3, 2024.

Adib explained that allowing the FKUB to issue recommendations could lead to a deadlock of the authority, potentially delaying the process of establishing places of worship. Therefore, under the draft regulations, the FKUB will no longer have the authority to issue letters of recommendation.

Although the FKUB will no longer have this authority, Adib said the government will optimize the role of the FKUB at the district/city level to strengthen religious harmony. The draft regulation also provides for the creation and missions of the FKUB at the national level.

The presidential regulation will also include several derivative rules, such as a ministerial decree. One of these derived rules will define the division of roles between the Ministry of Religious Affairs and the FKUB regarding recommendations regarding religious permits. “We will continue to seek advice from FKUB as they know the conditions on the ground,” Adib said.

He further stated that the draft regulations were completed by the Ministry of Law and Human Rights on August 16, 2024. The Ministry of Religious Affairs submitted the draft to President Joko Widodo for approval. “We sent it to be ratified as a presidential regulation,” Adib said.

The Ministry of Religious Affairs has not yet received any objections from the Ministry of the Secretariat of State regarding this project. The ministry is still awaiting approval from the president.

Once approval is received, five ministries – Religious Affairs, Internal Affairs, Political, Legal and Security Affairs, Law and Human Rights, and Education, Research and Technology – will sign the regulation before it is ratified by the president. “The decision now rests with the State Secretariat,” Adib said.

Adib expressed hope that the president would ratify the draft regulations before the end of his term. He stressed the importance of legal certainty regarding worship permits, expressing concern that delays in ratifying the regulation could lead to changes under future administrations.

The removal of the FKUB's power to issue letters of recommendation has already been opposed by Vice President Ma'ruf Amin. He criticized Religious Affairs Minister Yaqut Cholil Qoumas for hastily revoking the FKUB's authority. According to Ma'ruf, the recommendations issued by the FKUB reflect the agreements reached by the religious councils, and the regulations were developed jointly with the Ministry of Religious Affairs and the Ministry of the Interior.

As a former FKUB member, Ma'ruf claimed to be familiar with the process of issuing recommendations. “The process is not instantaneous. The agreement leading to the issuance of the letter of recommendation takes place over four months with 11 meetings. I know this because I participated in the creation of the regulation,” said Ma 'ruf on August 7, 2024.

Over the past three years, the government has finalized the draft presidential regulations on maintaining religious harmony.

The project aims to revise the role of the FKUB and the procedure for obtaining permits to build places of worship, previously governed by Joint Ministerial Regulation No. 9 and 8 of 2006, which outlined the role of regional heads in maintaining of religious harmony, empowering the FKUB, and authorizing places of worship.

Deputy V of the Presidential Office Rumadi Ahmad said the draft regulations are awaiting approval from President Joko Widodo. “It’s already on President Jokowi’s desk,” Rumadi said yesterday.

HENDRIK YAPUTRA

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