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April 20, 2006

Indonesia: Islamic Laws Passed Locally Threaten National Unity

Today's Jakarta Post carries a report based on the findings of Syaiful Mujani, from the Freedom Institute, who warns that sharia bylaws recently enacted in districts and provinces are unconstitutional, sexist and potentially divisive.

For example in Tangerang, a bylaw was passed stating that any woman who is found outside after 7pm is deemed to be a prostitute. Tangerang is a suburb of Jakarta, the capital. we reported in March on the case of a wife and mother of two, Lilis Lindawati, who found herself in the line of sight of this ruling.

Lilis was waiting for a bus to take her home, late in the evening at the end of February, shortly after Mr Wahidin Halim, the local mayor had passed the new bylaw. Though three months pregnant, she was arrested, and thrown in jail. The next day she was hauled before Judge Barmen Sinurat. She was not permitted to summon her husband to testify on her behalf.

The Sydney Morning Herald, which reported the case initially, described her ordeal. 36-year old Lilis denied being a prostitute. She was forced to empty the contents of her bag, and lipstick fell out.

"There is powder and lipstick in your bag. That means you're lying to say that you are a housewife," Judge Sinurat claimed. He told her "You are guilty. You are prostitute," and fined her $45. Lilis did not have the money, and was jailed for three days.

Asked about this case, Mayor Wahidin told the Herald: "She could not prove she is not a prostitute. It is true when my men arrested her she was not committing adultery, but why does she put on such make-up?"

Wahidin is brother of Hassan Wiraduya, the Indonesian foreign minister. He blamed the woman for wearing tight clothes, and said that "a good girl would not stand in the street with that kind of dress. The point is we can tell someone is a prostitute or not....They stand in the street moving their body, waving their hands, trying to attract people, seducing."

So the mayor, who is reputedly soon to stand for the position of governor, knows better than the woman and her family. Wahidin was supported by Islamist parties when he introduced the bylaw.

Syaiful Mujani, noting this case, said: "The government must take action to review all bylaws so that the bylaws do not run counter to the Constitution."

In South Sulawesi, several administrative regions make it compulsory for female civil servants to wear Islamic dress. All government employees there must be able to read and write Arabic.

Mochtar Pabotinggi, a researcher from the Indonesian Institute of Sciences agreed that the bylaws favoured Muslims above those of other religious beliefs, and ran counter to Indonesia's Constitution, written up in 1945. He said: "In a democracy, no majority group can dominate others."

"We have to respect other people who have different religions and not push them to do what Islam teaches. For instance, we cannot tell every woman who lives in Aceh to wear Muslim attire," he stated.

"Our Constitution appreciates pluralism as an Indonesian way of life. Administrations have to make bylaws that do not contradict the Constitution," Mochtar said. "We cannot utilize two systems of law to regulate a society. The bylaws have the potential to endanger the country's unity since they ignore the essence of pluralism."

Posted by Giraldus Cambrensis at April 20, 2006 8:39 PM

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