JAKARTA - Head of the Center for Religious Harmony (PKUB) of the Ministry of Religion, Wawan Djunaedi, stated that regional heads must facilitate the construction of each house of worship if they meet a number of conditions.
The attitude of regional heads should refer to the Joint Regulation of the Minister of Religion and the Minister of Home Affairs (PMB) Number 9 and Number 8 of 2006.
"The PMB stipulates that the establishment of houses of worship must meet the administrative requirements and technical requirements for building buildings," said Wawan Djunaedi in a written statement received in Jakarta, Antara, Friday, September 9.
Wawan's statement was in response to the participation of the Mayor of Cilegon, Helldy Agustian in signing the refusal to establish a church. Regional leaders should fulfill the constitutional rights of each resident, including religious rights and belief.
According to Wawan, according to PMB there are special requirements that must be met regarding the establishment of houses of worship. First, the list of names and Identity Cards (KTP) for users of houses of worship is at least 90 people who were ratified by local officials.
Second, the support of the local community is at least 60 people who are approved by the lurah/village head. Third, the written recommendations are the head of the district/city religious department office.
Fourth, the recommendation is written by the district/city FKUB. If the first requirement is met while the second requirement has not been met, the local government is obliged to facilitate the availability of sites for the construction of houses of worship.
"So, there is no reason whatsoever for regional heads not to facilitate the availability of houses of worship when potential users have reached 90 people," he said.
The Ministry of Religion, said Wawan, encouraged the mayor to form a joint desk consisting of regional heads, Religious Harmony Forums (FKUB), Ministry of Religion, religious leaders, community leaders, Forkompinda, and mass organizations as an effort to solve problems.
He assessed that various parties need to obtain as clear information as possible that the Decree of the Regent of the Regional Head of Level II Serang Number 189/Huk/SK1975 dated March 28, 1975, is no longer relevant to be used as a basis for rejecting the establishment of the church.
First, said Wawan, the regulation was issued at a time when the Muslim population of the Cilegon area was 99 percent, as stated in the consideration of considering the Decree of the Regent in question.
Meanwhile, the situation in the city of Cilegon has now changed. Based on data from the 2010 BPS census, the overall composition of non-Muslims reached 12.82 percent.
"Based on the data on the number of Christian adherents above, of course the effort to establish a house of worship has met real needs," he said.
Second, the consideration of considering the 1975 Regent's Decree also refers to the Joint Decree (SKB) of the Minister of Home Affairs and the Minister of Religion Number 1/BER/mdn-mag/1969 whose existence has been revoked and replaced by PMB Number 9 and Number 8 of 2006. In law, there is the principle of lux posterior derogate the legislator, namely the latest law to rule out the old law.
"What currently applies is the Joint Regulation of the Minister of Religion and the Minister of Home Affairs Number 9 and Number 8 of 2006," said Wawan.
Third, the Decree of the Regent of 1975, published in the context of responding to Mardiyuana University as a building, not a house of worship. Meanwhile, at that time, Mardiyuana University was used as a church.
Therefore, Christians are directed to perform worship in churches in Serang City.
Wawan admitted that his party had met and discussed this issue with the Mayor of Cilegon in April 2022. The Ministry of Religion appealed to the Cilegon City Government to follow the Joint Regulation of the Minister of Religion and the Minister of Home Affairs Number 9 and Number 8 of 2006.
"We also invite FKUB as a religious harmony institution and all components of society to re-implement on the provisions of the applicable legislation," he said.
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