236 Journal of Southeast Asian Human Rights. Vol. 2 No. 1 June 2018. doi: 10. 19184/jseahr. A University of Jember & Indonesian Consortium for Human Rights Lecturers When Human Rights are not Enough: A AuFailureAy of Multiculturalism in Indonesia? (A Preliminary Hypothesi. Joeni A. Kurniawan. PhD Candidate. University of Pisa. Italy and Lecturer at University of Airlangga. Indonesia Abstract As far as the judiciary is concerned, there have been quite a number of legal instruments created in Indonesia for the protection of human rights. These legal instruments include the Indonesian Constitution, which possess special articles pertaining to human rights: the Human Rights Act . he Law Number 39 of 1. , the National Commission for Human Rights, etc. Thus, normatively, all of these legal instruments should be adequate to protect human rights in Indonesia, including the protection of the minority groups. However, the reality does not seem in line with these expectations. There have been a number of cases in Indonesia that have brought into serious question the countyAos ability to protect the rights of minority groups. The persecution of the Ahmadiyah and Shia sects, the rejection of the establishment of non-Muslim places of worship, and, the most recent case, the imprisonment of JakartaAos governor Basuki Tjahaja Purnama, are just a few of the distressing incidences which show how IndonesiaAos poor performance in the protection of minority groups. Identity politics, and even a sentiment of racism, are re-emerging in Indonesia, a fact which seems to be affirmed by the findings presented by the Wahid Foundation, which show that 59. 9% of 1520 respondents from 34 provinces in Indonesia said that they harbor hatred towards some groups of their fellow citizens, such as those who are non-Muslims, of Chinese-descent, communists, etc. (Hakim 2. Among this 59,9%, 92,2% of them reported that they are strongly opposed to a person from one of the aforementioned groups taking office as a leader in the government, and 82,4% even reported that they donAot want to have a neighbor who belongs to one of those groups (Hakim Such re-emergence of identity politics and racism, as well as the frightening degree of hatred displayed among the population, give rise to questions about why all of the human rights instruments which already exist within IndonesiaAos legal framework seem to fail in preventing the prevailing modern sentiment and incidences of abuses. In this article I will present my hypothesis that all that the tragedies regarding the mistreatment of and negative sentiments towards minority groups in Indonesian are due to the failure of the AomulticulturalistAo approach implemented in Indonesia so far. I will also propose that an AointerculturalistAo approach be implemented in Indonesia as means to critique and refine the failed multiculturalist approach in dealing with IndonesiaAos multicultural society, and in dealing with the protection of minority groups in particular. Keywords: Multiculturalism. Interculturalism. Human Rights. Indonesia Joeni A. Kurniawan INTRODUCTION AuBhinneka Tunggal Ika,Ay or AuUnity in Diversity. Ay This is the official national motto of the Republic of Indonesia. It is a motto which delivers a message that Indonesia is a diverse nation which embraces and defends its diversity. Indeed. Indonesia is in fact an inherently pluralist nation. Its cultural diversity is an inseparable element of the countryAos makeup. According to the Statistics Center Bureau of Indonesia (Badan Pusat Statistik / BPS). Indonesia has at least 1,340 different tribes/ethnic groups. 1 Such diversity of ethnic groups has existing for centuries, even before the nation state known as Indonesia was established. There are also those referred to as indigenous people or masyarakat adat, social groups in Indonesia which use adat laws . he Indonesian customary law. as the basis of their social groupings. According to Aliansi Masyarakat Adat Nusantara or AMAN . he Indigenous People Alliance of the Archipelag. , as the most important organization currently working on indigenous peopleAos issues in Indonesia, there are 2,332 indigenous communities in Indonesia which are constituted as members of this organization. 2 In terms of religion, in addition to the many traditional religions of the aforementioned indigenous people, there are six major religions adhered to by the people of Indonesia: Islam. Protestantism. Catholicism. Hinduism. Buddhism, and Confucianism. Realizing that such inherent cultural plurality brings with it both enormous potential and significant challenges, and also aspiring to be free from colonialist powers, a meeting of youths from different islands in the Indonesia Archipelago was held in October, 1928, and became known as the 2nd Youth Congress. 3 Through this congress, these youth, most of whom would later go on to become the founding fathers of Indonesia, made a joint declaration which is now famously known as Sumpah Pemuda . he Youth Pledg. Through Sumpah Pemuda, these youths declared their intent to build one nation and one country. Indonesia. After a long struggle against various colonial powers, the independent and sovereign state now known as Indonesia was established on 17th August of 1945 as one united country built upon pre-existing cultural diversity. Enshrining the spirit and aspirations outlined in Sumpah Pemuda, when formulating the Indonesian constitution, the founding fathers of Indonesia agreed to abolish the seven words previously stipulated in the Jakarta Charter of 1945 . n earlier iteration of the constitutio. which concerned Auimplementing the sharia law for all Muslims in IndonesiaAy. This decision is used to support the argument that, even though Indonesia is a Muslim-majority country. Indonesia is not a country based on any one religion. Instead. Indonesia is a country of Auone for all and all for one,Ay a concept which is manifested in the official national motto of AuBhinneka Tunggal Ika. Ay The choice of such a motto, makes it clear that the Subdirektorat Statistik Politik dan Keamanan. Statistik Politik 2016 (Jakarta. Indonesia: Badan Pusat Statistik, 2. See: http://w. J D Legge. AuIndonesia - The Ethical PolicyAy, online: Encycl Br . When Human Rights is not Enough: A AuFailureAy of Multiculturalism in Indonesia? (A Preliminary Hypothesi. founding fathers of Indonesia possessed an awareness of, and also emphasized that. Indonesia is a culturally and religiously diverse country and that it should always be so. Being a pluralist nation is a good thing surely, but maintaining it, however, is no easy task. In the early years of IndonesiaAos independence, under the presidency of Soekarno. Indonesia experienced several periods of serious social and political unrest, including attempts at uprisings. A communist revolt famously known as Pemberontakan Madiun . he Madiun Affai. which occurred in September 1948, and the Islamic rebellions led by the Islamic political organization Darul Islam/Negara Indonesia Islam (DI/NII), which aimed to establish Islamic State of Indonesia in 1950s, are some examples of such socio-political unrests which were the result of ideological and or cultural differences among the Indonesian population. During the period of IndonesiaAos second president. Indonesia was ruled by a military dictatorship regime controlled by General Soeharto. While dissatisfaction and disputes related to cultural difference still existed during this period, they were generally suppressed by military force which, in itself, led to various human rights violations. The regions of Aceh and Papua in particular experienced the brunt of such human rights violation and suppression. The period after the downfall of Soeharto, famously referred to as the Reformation Era, as the moment of IndonesiaAos re-democratization should therefore have ushered in a period of better socio-political governance regarding IndonesiaAos cultural plurality. The amendment of the Indonesian Constitution in order to adopt human rights principles, as well as the enactment of the Human Rights Act . he Law 39/1. , should have been enough to ensure that the spirit of plurality which had been emphasized by IndonesiaAos founding fathers be embraced and defended. However, developments since the downfall of Soeharto till the present seems to indicate that the wonderful idea manifested in the official motto of AuBhinneka Tunggal IkaAy is still far from being realized, even taking into consideration the democratic and human rights law instruments which already exist in Indonesia. The trend of escalating tensions based on cultural, ethnicity, racial, and religious differences, which are often combined with political motives and interests of IndonesiaAos elites, pose a serious challenge to both democracy and human rights in Indonesia in the post-authoritarian Therefore, this paper will present a number of cases which indicate that Indonesia, though in a post-authoritarian period, still has serious problems regarding its religious and cultural diversity. This paper then tries to examine why these issues persist, even though various democratic and human rights law instruments have been created in Indonesia. Finally, through a hypothetical analysis this paper will conclude that these issues are due to the failure of the AomulticulturalistAo approach which has been implemented by Indonesia in the past, and that the approach needs to be altered or replaced by an AointerculturalistAo approach. Ibid. Azyumardi Azra. AuRevisitasi Islam Politik dan Islam Kultural di IndonesiaAy . 1:2 J INDOIslam 233. Parsudi Suparlan. AuMasyarakat Majemuk. Masyarakat MultikulturalAy, online: Interseksi Found at 2, 5Ae6. When Human Rights is not Enough: A AuFailureAy of Multiculturalism in Indonesia? (A Preliminary Hypothesi. This trend of AuIslamizationAy through local regulations reflects the reemergence of identity politics in Indonesia in the post-authoritarian period. In addition to concerns about the actual need for religious based law in Indonesian society, the implementation of such Perda Sharia has caused a number of problems. One of the most serious of these problems is the continued discrimination against women since some of these Perda regulate how women should dress and prohibit women from engaging in certain activities during the night, regulations which do not apply to men. Furthermore, this return of identity politics has corresponded with the rising trend of intolerance within Indonesian society. According to a survey conducted by the Wahid Foundation and the Indonesian Survey Circle ( Lingkaran Survey Indonesia / LSI), among 1520 respondents from 34 provinces in Indonesia, 59,9% of the respondents expressed hatred towards certain groups of their fellow citizen, such as those who are non-Muslims, people of Chinese descent, communists, etc. 9 Among these 59,9%, 92,2% said that they highly oppose a person from those groups becoming a governmental leader, and 82,4% responded that they donAot want to have a neighbor from those 10 Further findings from this survey show that 7,7% of respondents admitted that they are willing to take radical actions against these groups, such as attacking places of worship of other religions, as well as targeting the locations or activities which go against sharia . uch as night clubs, bars, stores selling alcoholic drinks, etc. 11 According to Yenny Wahid who is the chairperson of the Wahid Foundation, though 7,7% is a relatively small number, it reflects a population of 11 million of Muslims in Indonesia and knowing that 11 million of Muslims in Indonesia are willing to commit such radical acts is truly frightening. It is not difficult to take the results of this survey seriously, as there have been a number of serious incidents which indicate that Indonesia is under a serious threat of Several terror attacks have occurred in Indonesia, in most of which were religiously motivated. The cases of persecution of members of the Ahmadiyah and Shia sects are also examples of how radicalism and intolerance have been escalating among the Indonesian people. There have also been frequent incidents of radical Muslim groups fighting against the establishment or construction of worship places of other faiths, especially churches. According to the Indonesian Committee of Religions for Peace, just in one year, from 2009 until 2010, at least 17 churches were brutally targeted by Muslims fundamentalists, sometimes with the support of local authorities, for various 13 The most recent of these incidents involves a case which occurred on March 8 Ibid at 7. 9 Rakhmat Nur Hakim. AuSurvei Wahid Foundation: Indonesia Masih Rawan Intoleransi dan Radikalisme Halaman 1Ay. August KOMPAS.