, The Jakarta Post , Jakarta | Fri, 12/29/2006 2:17 PM | Opinion
J. Soedjati Djiwandono, Jakarta
Since 1957, when the Constituent Assembly voted for a nationalist state, the Indonesian Pancasila State has been secular. The so-called ""seven words"", ""with the obligation to implement sharia by its adherents"", were deleted from the first principle, ""Belief in the One Almighty God"", in the original draft of the Indonesian Constitution.
From then until 1998, when President Soeharto resigned, launching an era of constitutional reform, there were efforts to bring back the old ""seven words"". There was a revival of Islam during Soeharto's rule, and Muslims who had previously resorted to rebellions now used the opportunity to fight for the return of Islam in politics. If they could not do it openly, they would do it by guile. After all, Indonesians are good at wordplay.
The opportunity they used was the direct election of regional heads of governments. That set the stage for clashes between the Pancasila backers and the proponents of sharia. Without firm leadership it is difficult see how the problem will be solved. The country is headed for turmoil. And that is frightening.
As of May 1, 2005, governments in provinces, regencies, cities and sub-regencies have issued about 13,520 regional bylaws. Dozens are based on sharia. For example, Tasikmalaya regency has declared that female students of all ages at Muslim institutions must cover their heads and dress in accordance with Islamic standards. Sumenep regency requires female government employees to wear a jilbab (headscarf) and men a baju koko (collarless, long-sleeved shirt) and kopiah (hat) on Fridays, and close their eyes during the call to prayer. Padang requires Muslim women to wear headscarves. The regencies of Gowa and Maros have declared that every student from elementary to high school must be able to read the Koran to graduate to the next level. Every civil servant in Maros must be able to read the Koran to be promoted, and Maros also requires regency employees to wear Muslim attire.
Instead of opposing such unconstitutional regulations, politicians and religious leaders are backing them, and getting away with it. At their convention in Jakarta on May 30, the Ulema Council's Edict Commissions across the country decided to throw their full support behind these bylaws and regulations, as well as the implementation of sharia in a number of regions. They also asked the ulemas to suggest that the Indonesian Ulema Council encourage other provinces, regencies and cities in Indonesia to follow suit (Republika, June 1).
Muslim scholar Prof. Azyumardi Azra, former rector of the Islamic University of Jakarta, said if the regional regulations contradicted national law, they should be withdrawn (detikcom news portal, May 31). Former Muhammadiyah chairman Syafii Maarif was firm in his opinion that sharia bylaws that disturbed harmony in society must be reviewed (Suara Pembaruan, June 14). Nahdlatul Ulama chairman Hasyim Muzadi said many sharia bylaws were not necessary because such problems as prostitution and gambling were already addressed by criminal laws (Media Indonesia Online, June 16).
On June 13, 56 members of the House of Representatives from various factions, minus the United Development Party (PPP) and the Prosperous Justice Party (PKS), presented a petition to House leaders asking them to urge the President to seek the withdrawal of such bylaws because they were unconstitutional. But there was no reaction from the President. Deputy Speaker of the House Soetardjo Soerjogoeritno said he backed the petition. He thought bylaws should be in accordance with the 1945 Constitution and Pancasila (Suara Pembaruan, June 14).
Thus, with regional legislatures tolerating the bylaws, even the House protest went unheeded. The Constitutional Court and Supreme Court remained silent. Officials from the Minister of Home Affairs to the indecisive Susilo Bambang Yudhoyono all turned a blind eye to the fact that these bylaws violated the Constitution. They sacrificed the result of many years of national struggle.
They are sacrificing the unity of the nation for what will inevitably be upcoming disputes and the end of pluralism and diversity. It is ironic that even nations that are far apart are urged to speak plainly to improve the dialog between Islam and the West. Here within one nation there is hardly any dialog, even among different strains of the same religion, if only for mutual understanding and for practical purposes such as agreeing on the end date of Ramadhan. Each lays claim to absolute rightness.
In this country differences are often solved not by dialog, but by majority rule, or in other words, by dictatorship. Decisions are often made without a vote, which is in effect a form of tyranny by the majority. That is what happens when democracy is applied in terms of pure numbers, without taking into account the value of the individual and his or her rights as a human being.
In countries like Indonesia, the majority of the people are too busy with the tasks of day-to-day life, such as standing in line for hours to obtain five liters of kerosene, to worry about things like this. People in East Java are more concerned about the hot mud flood than about democracy. Politicians are busy collecting their money; their President is busy in his foreign trips and their vice President is busy with his maneuvering. The educational elite are frustrated by the behavior of the politicians. Who cares about Pancasila? Who cares about the Pancasila state? Who cares about democracy? Who cares about sharia? Everybody is busy with their own lives. And everybody is taking care of themselves.
The writer, a political analyst, holds a PhD from the London School of Economics and Political Science.
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