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UPI Op-Ed: The Dark Ages Return in Aceh
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Tapol
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Sep 30, 2009 13:54 PDT
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From Joyo
United Press International
September 30, 2009
Guest Commentary
The Dark Ages Return in Aceh
By Harjo Winoto
Jakarta, Indonesia
The local House of Representatives in Aceh, Indonesia, has
passed a new bill that allows anyone who commits adultery to be
stoned to death. Anyone who engages in premarital sexual
relations will be whipped 100 times.
This application of Shariah law, the Islamic religious code,
goes into effect 30 days after its enactment on Sept. 15, and
will apply to everyone within Aceh’s territory irrespective of
origin and religion. Prior to this, Aceh had already implemented
other Shariah rules, obliging every Muslim to pray five times a
day, to offer “sedekah,” or alms to the poor, and every Muslim
woman to cover her head with a veil.
Social resistance to this law has been strident across
Indonesia, even among Muslims. The same was true during the
drafting of an anti-pornography law that went into effect in
November last year; many institutions and common people had
voiced opposition to it. The anti-pornography law contains
various Islamic principles from both the “hadith,” or teachings
of the prophets, and the Koran.
This was an example of resistance on a national level to the
imposition of certain religious values in Indonesia. Most
citizens consider that religious activities fall within the
realm of private rights and should not be of concern to the
government.
In addition, the imposition of Islamic laws and values
discriminates against non-Muslim citizens. There are five major
religions in Indonesia – Buddhism, Hinduism, Protestant
Christianity, Catholicism and Islam. Even though 80 percent of
Indonesians are Muslim, it is unfair to impose their values and
beliefs on others.
Many historians and legal scholars have affirmed that the first
of the five principles – the Pancasila – that comprise the
philosophy of the Indonesian state does not indicate that
Indonesia is based on one religion. The first principle states
that Indonesia is based on a belief in the one and only God
Almighty. Scholars agree that this means Indonesia acknowledges
the existence of God and of religions, and affirms its
acceptance of different religious beliefs.
Historically, there was a proposal to amend this provision to “a
belief in God Almighty and the obligation for Muslims to follow
Islamic law.” However, the founding father of Indonesia
considered that this text would promote social intolerance and
imply that Indonesia was an Islamic state.
Moreover, one member of the drafting committee, Wongsonegoro,
rejected these words because it would impose on all Muslims the
obligation to follow Islamic law. He considered such an
imposition improper, as religion falls within the private realm
of each individual.
The new law in Aceh invites much opposition from many parties
for many reasons. First, non-Muslims will be bound to comply
with this law. Second, not all Muslims agree to such a strict
imposition of Shariah law, since many aspects of the law are the
result of extensive interpretation of the Koran. Third, the law
would apply to all Indonesian citizens who travel to Aceh.
The imposition of Islamic law is not entirely for moral and
religious objectives. Historically, the rebel movement in Aceh
was triggered by discontent over the central government’s share
of local resources. Aceh people considered that the central
government was exploiting their natural resources without fair
compensation. The special autonomy law was passed for economic
purposes, in fact.
The imposition of Shariah law enables local bureaucrats to reap
economic benefits from Islamic teachings. For example, one
article in the autonomous law of Aceh states that “zakat” – the
obligation for Muslims to share some of their wealth, similar to
tithing one-tenth of one’s wealth in Christianity – is part of
local income. There is certainly economic interest in the new
law.
Furthermore, Aceh is not particularly clean of corruption. The
Financial Auditing Institution, or Badan Pemeriksa Keuangan,
experiences immense difficulty in auditing Aceh due to
bureaucratic resistance. In addition, politicians in Aceh can
maneuver easily since the Koran serves as a legal instrument.
Hence, certain policies can be executed by instilling fear of
breaching religious obligations. Religious breaches carry
profound social sanctions in Indonesia.
Also, the new law is not legitimate under national law.
Indonesia Law No.32/2004 concerning local government regulates
that the central government retains authority in six areas,
namely foreign policy, defense, security, the judiciary,
monetary and national fiscal law, and religion. Since the
judiciary remains under central government authority, criminal
law is the domain of the central government.
Moreover, Law No. 18/2001 concerning the special autonomy of
Aceh also regulates that the Indonesian Supreme Court acts as
the supreme institution for appeals. The law does not grant
local governments the right to pass criminal legislation. This
means the law in Aceh must be governed by national legislation.
The new law in Aceh involves the creation of two separate
criminal laws, as well as private law and administrative law, in
Indonesia. This is inconsistent with the principles of
international law as well as national law.
We have witnessed the unacceptable cruelty in Afghanistan, where
a woman can be raped by 10 men if her brother rapes a woman from
another tribe; where women are humiliated and stoned to death in
public places for committing adultery; where women are deprived
of various rights including legal title to property and even
freedom of movement. In some parts of the country women may not
appear in public unless they are accompanied by a male family
member.
This is definitely not what most Indonesian citizens want.
Religious belief falls within the realm of private life; the
government has no right to force people to comply with religious
obligations, especially when it comes to criminal prosecutions
and extending Islamic law to non-Muslim citizens.
(Harjo Winoto is a final-year law student at the University of
Indonesia and a paralegal in a top Jakarta law firm. He writes
on various legal and social issues. ©Copyright Harjo Winoto)
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