Faith versus Fact: Law, Politics, and Expert Witnesses in Indonesian Blasphemy Cases

Abstract

In this article, we investigate the role of religious experts in criminal cases related to blasphemy in Indonesia, a country with one of the world’s largest Muslim populations. Our analysis of 106 decisions in blasphemy-related cases between 2011 and 2022 shows that expert witnesses in these cases have been much more influential than in other criminal cases, with their testimony often leading to conviction. We found that religious experts in cases of blasphemy against Islam were predominantly members of the Indonesian Ulama Council (Majelis Ulama Indonesia, or MUI) which has an institutionalized link to the government that provides it with funding and personal connections to senior government officials. With its great public legitimacy, MUI members are preferred by police and judges over religious experts not affiliated with it. We argue that this preference is not simply an illustration of the power of a religious authority dominated by conservative groups. Rather, a combination of the factors, including the interests of conservative groups, state narratives of public order, the selection of expert witnesses and their influence on judicial decision-making, reflect the innately political nature of blasphemy in Indonesia and its capacity to serve the interests of competing members of the political elite.