Indonesia's Supreme Court Judgment on Religious Clothing

In May 2021, the Indonesian Supreme Court delivered a unanimous judgment that struck down a joint ministerial decree prohibiting local governments and public schools from imposing religious clothing on female students, teachers, and staff.1 The joint ministerial decree was issued following public criticisms and media coverage of the religious dress code enforced in public schools in Padang, West Sumatra, Indonesia. The Court held that such a decree conflicted with various provisions in the national legislations, including laws on regional government,2 child protection,3 law-making,4 and the national education system.5 Accordingly, the Supreme Court justices presiding over the case, Yulius, Irfan Fachruddin, and Is Sudaryono, instructed the Minister of Education and Culture, the Minister of House Affairs, and the Minister of Religious Affairs to rescind the joint decree. This comment explores and critically examines the Court's reasoning of the decision that has, consequently, legitimized local governments and public schools’ policy to enforce mandatory hijab on Muslim and non-Muslim female teachers, staff, and students at public schools across the country. It argues that the Court's ruling, in this case, is highly unreasoned and questionable, lacking in details in some respects, and failing to address the encroachment of women and girls' rights that should have been given appropriate consideration.

Decree · Establishment Clause · First amendment · Free Exercise Clause · Government (linguistics) · Political science · Religious discrimination · Sociology · Supreme court · Gender and Women's Rights · Law · Legal Studies and Policies · Marriage and Family Dynamics