The Dark Ages return in Aceh

Published in http://www.upiasia.com/Society_Culture/2009/09/30/the_dark_ages_return_in_aceh/9108/

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.