[Kabar-indonesia] 5 of 6: Citizen Caned: Islamic Law - Old Problem, New Tension [+FPI; Porn Bill]
JoyoNews at aol.com
JoyoNews at aol.com
Tue Aug 15 02:22:01 MDT 2006
Note: Due to space limitations, one of the reports on the Betawi Rempug
Forum - The Episode of the Local Champion [They take up a wide range
of issues, from seeking fortune to ideology. Some even set a target of
taking control of government posts.] - could not fit in the below bundle.
5 Tempo Magazine Independence Day Reports (5 of 6):
- Old Problem, New Tension
[Members of the public have
different opinions on various
subjects, including Islamic
Law.]
- Citizens Caned [Although opposed
by a number of factions, some
districts implement Islamic Law.]
- When Attitudes Ruin Contracts
[The Anti-Pornography Bill highlights
the different attitudes in the entertainment
business.]
- Answering the Call [FPI members come
from a variety of backgrounds and must
go through five stages to gain membership.]
- On the Money-Making Trail [Being a member
of the FBR can be a short cut to better
emoluments. Although there is always
the risk of a clash.]
Tempo Magazine
No. 50/VI
August 15 - 21, 2006
Cover Story
Old Problem, New Tension
Members of the public have different opinions
on various subjects, including Islamic Law.
SIXTY-ONE years ago, when the Jakarta Charter was formed, it contained the
five principles of Pancasila, the state ideology, with an additional clause in
the first principle: a Muslim's duty to abide by Islamic Law.
During the Indonesian Independence Preparatory Committee session in August
1945 the nationalist camp strongly opposed this seven-word clause, while the
Islamic parties gave in. Consequently this clause was removed from the Jakarta
Charter.
Nevertheless, efforts to incorporate Islamic Law into the Indonesian legal
code have never died out. During the constitutional session of the 1955 general
election results and again during the People's Consultative Assembly (MPR)
annual session in 2000, these aspirations resurfaced, although the Islamic
parties did not seriously press the issue.
Today, such aspirations still linger. In fact, small factions in the regional
districts call to have Islamic Law included in the Indonesian legal code.
Several Islamic organizations attended a conference organized by the Islamic Law
Mudzkaroh Forum (Formasi) in Depok, West Java, on July 30. "The safest haven
for us is to establish Islamic Law as this nation's law," said Abu Said, the
head of Hizbut Tahir Indonesia in Depok, West Java.
After the conference, representatives of all the organizations signed a
letter in support of the Anti-Immoral Acts District Regulation. Kuat Sukardiyono, a
member
of the Regional House of Representatives (DPRD) in Depok who attended the
meeting, promised to bring the petition to the regional regulation planning
board.
This appears to be a novel way of adding Islamic Law to the national legal
framework. The same regulation is also implemented in other subdistricts such as
Padang Pariaman, Gresik, Pamekasan, Jember, Garut, Bulukumba, and Tangerang.
West Sumatra province also has its own regulation for the Eradication &
Prevention of Immoral Acts.
In Tangerang, the anti-immoral acts regulation has already affected one
person. Lilis Lindawati, a restaurant employee in Cengkareng, was arrested on her
way home. She was falsely accused of being a prostitute and was forced to spend
four days in prison because her husband, Kustoyo, an elementary school
teacher, couldn't pay the Rp300,000 fine. "I can't bear to be named a prostitute,
this treatment is simply inhuman," said Lilis.
Vocal objections to the regulation emerged. Artists, activists and legal
practitioners from the Indonesian Association of Women for Justice Legal Aid
Organization (LBH APIK) held a rally at the Tangerang District Court to demand
Lilis' freedom. But the regulation still remains.
Other Islamic laws that have crept into the national legal structure are the
decrees on Islamic attire and the obligation to read the Qur'an. These
regulations have been enforced in Solok, West Pasaman, Padang, Enrekang, Gowa, Maros,
Sinjai, Bulukumba, Takalar, and Cianjur regencies. Recently, one regulation
to separate male and female students at school was enforced in Pandeglang.
Kuat Sukardiyono maintains that there is no connection between those
regulations and Islamic law. In fact, the penalties are still based on what is in the
Criminal Code. "It is not originally from the Qur'an," he stated.
He also justifies the anti-immoral acts regulation as a useful tool to
improve society's moral standards. "This is a preventive and therapeutic measure to
deal with social diseases, such as drinking and prostitution," Sukardiyono
explained.
State Secretary Yusril Ihza Mahendra does not see the regulations as an
enforcement of Islamic Law. According to him, the regulations are designed to fill
in gaps in the Criminal Code which, for example, lack a chapter on drinking
alcohol. "It is possible for regional regulations to use Islamic or tribal law
as its basis," said the former head of the Crescent Star Party (PBB).
Vice President Jusuf Kalla has another opinion. He is weary of the debate on
whether to use Islamic Law in the provinces. He does not agree with regional
governments implementing principles of Islamic Law and then using state law
enforcement to put the regulations into effect.
The debate surrounding Islamic law is not the only one on the national
agenda. Regional or ethnic sentiment is also becoming a heated issue. On the very
same day as Formasi's grand summit in Depok, members of the Betawi Rempug Forum
(FBR) from Jakarta, Bekasi, Depok, and Tangerang, numbering in the thousands,
assembled around the National Monument in Central Jakarta to celebrate the
organization's fifth anniversary.
Deputy Governor of Jakarta, Fauzi Bowo, and Central Jakarta Mayor, Muhayat,
attended the celebration. Both of them belong to the Betawi ethnic community.
In his speech, Fadloli el Muhir, the leader of the FBR challenged the National
Awakening Party (PKB) and the Indonesian Democratic Party of Struggle (PDI-P)
who had called for the disbanding of the FBR.
Fadloli declared that only God and the arrival of Judgment Day would end his
organization. "FBR is the defender of the Betawi people," he exclaimed to the
audience's applause. He threatened to cut the support for the PDI-P and PKB in
the Betawi regions.
During the era of former President Suharto, the regime did not allow such
organizations like the FBR and others to grow as ethnic, tribal, religious, and
racial (SARA) issues were suppressed. "But after the Suharto era the tide has
turned. Ethnic groups flourish and demand to express their identity," said
sociologist, Ignas Kleden.
He also pointed out that globally people are searching for identity. "This
ethnic identity will be the groundwork from which to face the global cultural
penetration," said the sociologist who graduated from Bielefeld University,
Germany. Three distinct phenomena accompany the minorities' pleas for
self-determination: growing political identity, politicization of religion, and the
growing demands for revival of tribal heritage.
Alongside the FBR and Forkabi (Betawi Youths Communication Forum) in Jakarta,
other typical organizations have appeared in Lombok, Kalimantan, West Java,
and Banten. In Bali, groups that claim they can ensure the security of the
island following the 2002 bombing are flourishing.
Bali government officials and community leaders introduced the "Ajeg" Bali
concept. This theory aims to promote the preservation of cultural identity among
the Balinese. However, the movement is often misused to conduct sweeps
against and extortion of non-Balinese.
The Bali DPRD implemented Hindu customs in its committee's regulations. A
Muslim committee member, Zubaidah Yohana from the United Development Party (PPP)
has been forced to greet in Hindu custom before giving her faction's
objectives.
Sociologist Imam B. Prasodjo sees this resistant behavior in the society as a
manifestation of the tension between ethnic nationalism and civic
nationalism. Civic nationalism is a nationalistic concept based on an agreed
constitution. "This should be our guide throughout the national framework," said Prasodjo.
A similar tension with a different topic emerged in the Anti-Pornography
Bill. Those who agree with the draft bill believe that the government needs to
defend society's morals. The opposing parties believe that the government should
not interfere in matters of civil liberty.
The citizens of Indonesia are still looking for their identity. Sixty-one
years ago, the country's founders debated what the state should be allowed to
control, and whether they should include Islamic Law in Pancasila. A similar
deliberation is now re-emerging in society, in the parliament, and in districts
such as Depok, West Java.
----------------------------------------
Tempo Magazine
No. 50/VI
August 15 - 21, 2006
Cover Story
Citizens Caned
Although opposed by a number of factions,
some districts implement Islamic Law.
LAST March, Ana, a married woman, received a love letter from Suharman. The
residents of Padang, Bulukumba in South Sulawesi were concerned about the
affair. The enraged husband brought the case to the village head. As a result, the
village elders assembled to settle the matter. Suharman was sentenced to 40
strokes of the cane for violating Village Regulation No. 5/2006 on abhorrent
behavior. The matter was settled without police involvement.
Two other villagers experienced a similar judgment. Nasir received five
lashes for striking an elementary student and Arifin received five lashes for
striking another villager in the face.
This penalty of flogging is part of the implementation of the regulation with
Islamic Law nuances in Bulukumba subdistrict. Since 2002, the regional
government has issued several regulations based on Islamic Law. For instance:
Regional Regulation No. 3/2002 on the prohibition of selling alcoholic beverages,
and Regional Regulation No. 2/2003 on the management of the charitable
contributions Zakat, Infaq, and Sadaqah. Other regional regulations regulate Islamic
attire and oblige students and bridegrooms to read the Qur'an.
Since 2003, 12 villages in Bulukumba regency were designated as model areas
for regional regulation implementation. Padang village is one of the villages
chosen as a model area. An 11-member committee of elders issues village
regulations based on Islamic Law.
According to the village regulations, penalties are determined based on the
severity of the crime. Adulterers receive 100 lashes. Gamblers, drunkards, and
sellers of alcohol receive 40 lashes. Local security guards execute the
punishment and the canes are made from split bamboo branches.
The Bulukumba flogging penalty is not written in the Criminal Code but the
regulation has satisfied the village leaders. "The crime rate is decreasing
significantly," said Rukman Jabbar, head of Padang village.
According to Andi M. Sukri Sappewali, Regent of Bulukumba, the village
committee only passes judgment on minor cases that disturb public order. "The
punishment is conducted in a secure room and attended only by the offender, the
plaintiff, and the village leaders. The blows are not heavy," he said. The whole
process is different from the openly public punishment performed in Aceh.
Still, many people do not agree with the regulation. The regent has asked the head
of Padang village to stop the flogging punishment and replace it with a less
violent solution.
The implementation of Islamic Law always provokes controversy. When the
Regional House of Representatives (DPRD) in Cianjur, West Java, ratified the draft
of a regional regulation on the Movement of Community Moral Development on
July 6, hundreds of people gathered outside the building. The crowds from 13
Islamic organizations enthusiastically demonstrated their support of the new
regulation and begged the DPRD members to pay no attention to the opposing parties.
The opposing parties came from both secular and religious organizations. In
their gathering at Sukolilo, East Java at the end of July, leaders of the
biggest Islamic organization, Nahdlatul Ulama (NU), agreed to reject the
legalization of Islamic Law in several regions.
"Why do we need Islamic Law? We have the Criminal Code," said Hasyim Muzadi,
leader of NU. He said that since this nation consisted of people of different
religions, a legal system which did not disturb the diversity should be
applied.
Several regional government officials denied that their regulations were
based on Islamic Law. "We do not issue Islamic Law, they are all civil
regulations," said Wahidin Halim, the Tangerang City Mayor.
His region has issued two regional regulations: No. 7/2005 on alcoholic
beverages, and No. 8/2005 on prostitution. Responding to Nahdlatul Ulama's remark
he stated, "I am a NU member, but I have no comment yet. I have to discuss it
first with the Tangerang NU."
The Tangerang residents strongly oppose the regulations. Last April, they
demanded a judicial review at the Supreme Court (MA).
According to Hermawanto from the Jakarta Legal Aid Association, those
regional regulations violate the essence of justice, especially on the principle of
innocent until proven guilty. For example, Regional Regulation No. 8/2005
states that anyone can be arrested on suspicion of a crime. Since the regulation
was enacted, 30 people have been arrested on false accusations.
Female workers in Tangerang have suffered a great deal because of the
regulation. They cannot work their night shifts since they could be accused of
working as prostitutes and be arrested on their way home. "The regulation limits our
working hours and reduces our income," said Lilis Mahmuda, one of the
citizens who demanded the judicial review.
Ismet Iskandar, Tangerang's regent, must think twice before he can decide to
implement the regulation in his district. "I think it will be difficult to
enforce the regulation in Tangerang," he said. Tangerang regency is a 24-hour
industrial area.
The draft regional regulation on alcoholic beverages and prostitution in
Depok, West Java, has also provoked controversy. However, the draft will be
examined by the DPRD in spite of the objections. "A lot of people insist on having
the regulation ratified," explained Kuat Sukardiono, a member of the DPRD.
According to him, the two draft regulations have no connection with Islamic
Law. Sanctions for legal offenders still refer to the basic Constitution. "We
will not give sanctions to those who violate the Constitution," he said.
A handful of regulations based on Islamic Law issued in other regions such as
Padang (West Sumatra) and Pandeglang (West Java) have raised the same
polemic. Two months ago, Minister of Home Affairs, M. Ma'ruf, declared that he would
examine those regional regulations based on Islamic Law and evaluate their
validity based on the national consensus as stated in the Pancasila and 1945
Constitution. "We will omit the invalid regulations-with a certain procedure, of
course," said Ma'ruf.
Nothing yet has come from this promised evaluation. Andreas Rarwanto,
spokesperson from the Home Affairs Department said that the evaluation was still in
progress. "We are still collecting the materials," he said.
-----------------------------------------
Tempo Magazine
No. 50/VI
August 15 - 21, 2006
Cover Story
When Attitudes Ruin Contracts
The Anti-Pornography Bill highlights the different
attitudes in the entertainment business.
ABOUT three months ago Rieke Dyah Pitaloka received a letter. "From a fellow
actress," she said. The letter warned her about the dangers of pornography.
The sender asked Rieke to support the Anti-Pornography Bill which is still being
discussed at the House of Representatives (DPR).
Rieke knows who the sender is but refuses to mention a name. She does not
want to reply to the letter either. She also received a lot of text messages sent
to her cellular phone. Some are innocent inquiries, some are more cynical,
and others are even threats. She says she really pays no mind to them.
Her rejection of the Anti-Pornography Bill has affected her career. She was
unexpectedly booted off a television program just days away from signing the
contract. "The director didn't like me being too political," she said.
The Anti-Pornography Bill is still being discussed. Several factions in the
DPR have proposed changes after seeing the public's reaction to the subject.
The DPR has also called on the two opposing parties of entertainers. Those who
work in the entertainment business will be the most affected when the draft
bill is ratified.
The draft prohibits people from showing sensual parts of the body or
performing an erotic dance or gesture in public. Kissing in public will also face a
possible one to 20 years in prison. In addition, a Rp100 million-Rp3 billion
fine will also be added to the punishment. The problem facing legislators is
clearly defining the terms "sensual," "erotic," and "pornographic." There is no
agreement yet on this subject among the factions in the DPR.
The unfinished Anti-Pornography Bill has caused artists and entertainers from
both sides of the debate to become symbols of public opinion on the subject.
A rally to reject the bill was held at the Hotel Indonesia roundabout last
April. A number of celebrities who joined the campaign were Rieke Diah Pitaloka,
Inul Daratista, and Nurul Arifin. Their appearance attracted a lot of people
and the mass media. Popular singer Inul Daratista sang and danced her infamous
dance, the 'drilling dance,' on that occasion.
Within two weeks, Inul attracted many critics. The ethnic organization Betawi
Rempug Forum (FBR) staged a rally outside her house in Pondok Indah and her
InulVista Karaoke bar at Pasar Festival, Kuningan, South Jakarta. They declared
her dance was improper and smutty. The Kebayoran Baru FBR coordinator stated
that he would expel Inul from Jakarta if she did not apologize to the Betawi
community
In another incident three years ago, Rhoma Irama, a singer dubbed the "King
of Dangdut" music, harshly rebuked the singer and actress. Inul had been banned
from performing on stages in several areas. On several occasions, Inul has
expressed that she actually has no objection to the Anti-Pornography Bill. "But
please don't put in too many pressures," she said.
On the other side of the debate, the performing artists are actively giving
their support. Some of them, Astri Ivo, Neno Warisman, Inneke Koesherawati, and
Titi Qadarsih, have joined the Save the Indonesian Children Alliance and they
hold meetings once a month.
Astri Ivo says that the differences of opinion have affected the friendly
relations among her fellow performing artists. However, she and her group
continue to persuade people. "Usually I remind them of the dangers of pornography to
their children," she said.
Similar to Rieke, Astri does not think her views will affect her career. "In
fact, Inneke is still a very popular actress and she stars in many soap
operas," she said.
---------------------------------------------
Tempo Magazine
No. 50/VI
August 15-21, 2006
Cover Story
Answering the Call
FPI members come from a variety of backgrounds and
must go through five stages to gain membership.
THE sunset call to prayer echoed from the Al-Isah Mosque in the Petamburan
area of West Jakarta on Wednesday last week. Dozens of men wearing white shirts
took turns performing their ablutions then entered the mosque. Urged on by the
opening recitation for prayer they lined up in rows to participate in the
ritual of communal devotion. But after the prayers had finished, the men wearing
white caps did not disburse straight away. They reassembled and sat
cross-legged forming a semicircle.
Led by Habib Faiz, one of the leaders of the Central Executive Board of the
Islam Defenders Front (FPI), they began studying holy verses. Glasses of
mineral water were passed around. After around 10 minutes, everyone fell silent. It
was Habib Faiz's turn to give a sermon. "Because this is the month of Rajab
(seventh month of the Arabic calendar), I want to relate the story of Isra'
Mi'raj," he said opening the discussion. The congregation of FPI members listened
intently.
This is a much-revered FPI assembly held every Wednesday night. The preacher
could be anybody. "But, if Habib Rizieq is present, then it will be him," said
Agus, a 25-year-old commando member referring to the name of the FPI's
supreme leader. Agus is the oldest member of the FPI who joined in 1998 soon after
graduating from intermediary technical school. "Right after the Ketapang
affair," he said referring to the bloody incident in West Jakarta.
Several months later in early 1999, he became a commando member when the
conflict broke out in Maluku. He went there not to fight, but rather as a member
of a medical team. After a year in Maluku the father of two children returned
home to Jakarta and became active again with the FPI. In the past he took part
in each demonstration or sweep organized by the FPI, such as conducting sweeps
against places selling alcoholic drinks and nightspots. "But now not anymore,
because I've became an office employee," said the man who lives in Tanjung
Priok.
In order to provide for his wife and two children, Agus works as debt
collector at a cosmetics company on a wage of Rp1.5 million per month. Agus declares
that he does not intend to leave the FPI because he says becoming an FPI
member represented a calling. "As long as there is still injustice and tyranny I
will continue in the FPI," said Agus.
According to Agus, it is not easy to become an FPI member. At least five
stages have to be passed including a recommendation from the leadership of the
relevant FPI chapter, a recommendation from an Islamic cleric of the "same
ideology" as the FPI, obtaining permission from a wife or parent, and passing an
interview with a FPI director at the Commando Headquarters.
The members' backgrounds are diverse. Take Rohi, 43, for example. Before
joining the FPI in 1998, the life of the father of five children was in chaos. He
liked to get drunk all the time. "Then I became conscious and joined the [FPI]
commandos," he said. Since then he has not touched alcohol again. "Now I hate
to see people who like to get drunk. I only want to fight a holy war and
uphold God's command against that which is forbidden by Islam and urge others to
do good deeds."
Rohi takes part every time the FPI holds a demonstration or conducts a sweep.
For example he participated in the FPI's "raids" in Pluit and Kemang,
protesting the publication of Playboy magazine, or most recently, a demonstration at
the US embassy in Jakarta.
Often, he also goes out as a volunteer. When the tsunami battered Aceh for
example, together with several other FPI members Rohi lived in Aceh for three
months. Likewise when the earthquake hit Yogyakarta or after the tsunami
disaster in Pangandaran he also worked there as a volunteer.
As a member of the FPI, Rohi does not receive a single cent in wages. In
order to provide for his wife and five children, he is prepared to do almost any
kind of work. For example he has been a drinks seller, an employee at a beauty
products factory, and even worked as a gardener. Now the current occupation of
the bearded man who lives on Jl. Petamburan III is selling FPI T-shirts and
Islamic attire.
Rohi declares that he will be active in every single activity organized by
the FPI, including demos, sweeps or becoming a volunteer-rather than looking for
money. "From being in Yogya for such a long time after the quake, the water
at home was cut off because we didn't pay," he said grinning.
------------------------------------------
Tempo Magazine
No. 50/VI
August 15 -21, 2006
Cover Story
On the Money-Making Trail
Being a member of the FBR can be a short cut to better
emoluments. Although there is always the risk of a clash.
THE man arrived home exhausted, every bone in his body worn out. His sturdy
torso was wrapped in a sleeveless blue jacket blackened by dust and exhaust
fumes. His face dulled and darkened by the sun. Earlier that morning he had left
the house to meet with officials at the East Jakarta Parking Office. An
exhausting occupation. Even more so because afterwards he had to rush off to pick up
his two children who are still in primary school.
His name is Suharyanto, a "freelance" parking attendant. That afternoon he
was unable to rest for long in his narrow guestroom that contains only a green
sofa full of holes and an old mattress. The man quickly got on his motorbike
and took off towards the Arundina shopping complex in Cibubur, East Jakarta, 3
kilometers from his house. "Upon coming home from work, I come straight here,"
said the man who actually has a permanent job as a technician in Kalibata,
South Jakarta.
Suharyanto, 45, still has to work in two places and put up with the heat of
the sun and the suffocating exhaust smoke. What else can he do? His wage as a
technician of only Rp1.2 million a month has to pay for his children to attend
primary school, junior high school, and college. The room with the worn sofa
also has to be constantly juggled between being a guestroom and a bedroom.
It was the Betawi Rempug Forum (FBR) that opened the way for Suharyanto to
become a freelance parking attendant. It happened after he took an oath and
joined the most influential of the Betawi organizations. After a while Suharyanto
became engrossed in the organization and joined in. "I support the FBR, which
aims for the Betawi people to be the masters of Jakarta," said the
relaxed-looking man.
In Suharyanto's eyes, the FBR is not just a vehicle to unite the Betawi
people. The organization can also be a money-making machine to boost his family's
economic situation. Since the parking lot at the Cibubur shopping complex has
been managed by the FBR, he has been able to pocket additional cash of at least
Rp30,000 a day from his job as a parking attendant.
Previously, the parking lot was controlled by a number of outsiders. It was
even said that the area was often used as a place for buying and selling
narcotics. It was because of this that Suharyanto and his friends took over
management of the site.
The man recalled that around 100 FBR members were mobilized to remove the
thugs. "The action was just a bluff to frighten them away," said Suharyanto. It
turned out to be successful and members of the Cibubur FBR now manage the
parking area.
In order that it not be deemed illegal, Suharyanto and nine other FBR members
visited the East Jakarta Parking Office. "The relationship between us and the
Parking Office is as individuals, not in the name of FBR as an organization,"
he reiterated. Once a month they submit Rp150,000 to the head of the East
Jakarta Parking Office.
Although only nine names are registered, many FBR members eventually became
involved. Indeed, Suharyanto has allowed other unemployed members to work as
parking attendants.
Not all FBR members have been as lucky as Suharyanto and his friends at
Cibubur. Two years ago, hundreds of FBR members blockaded the main entrance to the
Cempaka Mas ITC shopping mall in Jakarta. They were demanding that the
management of the site recruit local residents as employees. Unluckily the demand
could not be accommodated. Last year it was also reported that dozens of FBR
members were involved in a fight on Jl. Raya Terogong in South Jakarta. The brawl
took place in the aftermath of a struggle for control over a parking area.
According to Samsudin, the head of the Jati Makmur chapter of FBR in Pondok
Gede, Bekasi, controlling a parking area is not easy. "Here [in Jakarta] there
are only a few parking areas, and they're already controlled by others," he
said. Samsudin does not want a repeat of the incident that befell his cousin,
Mardani. Mardani was shot dead by an unidentified man. To this day a motive for
the killing has not been discovered. There are suspicions, however, that the
case was linked to Mardani's position as the head of the Jati Warna FBR.
This piece of land, the money-making machine, has taken its share of victims.
Even though Suharyanto is at peace with the parking area, the story of this
ongoing struggle has yet to have an ending.
-End 5 of 6-
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Joyo Indonesia News Service
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