Religion-based Bylaws

KOMPAS/WISNU WIDIANTORO

General chairperson of the Indonesian Solidarity Party (PSI) Grace Natalie (center), chairperson of the central executive board of PSI Isyana Bagoes Oka (left) and PSI secretary-general Raja Juli Antoni.

Religion-based bylaws (sharia bylaws or gospel-inspired bylaws) have hardly been an issue of public discussion over the past few years. That is mainly related to the trend of a significant decline in the number of such bylaws in several regions of Indonesia since 2007, in line with several scientific academic assessments.

Therefore, it is a bit startling to see the commotion following a statement from Indonesian Solidarity Party (PSI) chairwoman Grace Natalie that her party refused to support bylaws that were based on religious interpretations, both sharia regulations and gospel-inspired regulations. Grace\'s statement was considered blasphemy in certain circles, so they reported it to the police.

This is the first case in which someone (in this case Grace Natalie) is considered in certain circles as blasphemous for not supporting bylaws based on religious interpretations. Since the rise of this type of regulation in 1999, none of the opponents have ever been reported to the police.

The commotion caused by Grace Natalie\'s statement appears to be related to politics ahead of the 2019 general election. Coming from a supporter of the presidential candidate pair of Joko Widodo and KH Ma\'ruf Amin, the statement of the PSI chairperson regarding such regulations may be exploited to discredit the candidate pair number 01.

Political dynamics and interests were one of the reasons for the adoption of religion-based bylaws, which Robin Bush in a study (Regional Sharia Regulations in Indonesia: Anomaly or Symptom?, 2008) calls religion-based local regulations or religion-influenced regional regulations. Sharia bylaws have been adopted by a number of regions since 1999. Bush recorded 78 Sharia-based local regulations implemented in several provinces and cities/regencies in the period of 1999-2007.

Furthermore, Bush said that, since then, the issuance of sharia-based bylaws had experienced an increase and decline; reaching a peak in 2003 with 23 bylaws before declining to 15 bylaws in 2004, five bylaws in 2005 and eventually none in 2007.

A higher number of sharia bylaws is given by Dani Muhtada in his dissertation (2013). He recorded 422 "sharia regulations" as of mid-2013. However, the definition of sharia bylaws he put forward was very broad, covering not only local regulations, but also instructions and circulars issued by regional heads.

Therefore, further research is needed on the dynamics of religion-based local regulations with a clearer understanding and coverage. With clearer understanding, typology sorting and categorization, the relevant parties, especially the Home Ministry, can formulate a response, measures and policies.

The anti-vice bylaws, such as against prostitution, gambling and liquor, are often called sharia-regulations. In reality, such regulations are more related to public order, which is a concern among all religions and their followers, civil society groups and the government.

Regional regulations that can be referred to as sharia-based are usually related to, first, the use of clothing among Muslim women at state-owned institutions, such as public schools or government offices. They are also related to regulations on the need for Quran reading skills for the appointment to and promotion in government positions.

Moreover, there are bylaws where one may debate whether or not they are classified as sharia-based regulations. Such bylaws are related to the collection of zakat, infaq and almsgiving, which are derivatives of Law Number 23 of 2011 on the Management of Zakat. Then, there is also a regulation on Islamic education, which is derived from Law Number 20 of 2003 on the National Education System and Law Number 12 of 2012 on Higher Education.

Anti-vice bylaws on the one side and sharia-based local regulations on the use of Muslim clothing and Quran-reading skills can lead to discrimination, both between Muslims and with regard to non-Muslims.

KOMPAS/REGINA RUKMORINI

Azyumardi Azra

First, anti-vice bylaws contain a bias and prejudice against women as sources of immorality. Meanwhile, the bylaws on the use of Muslim clothing discriminates against some Muslims, who, for certain reasons -- including religious arguments -- do not wear Muslim clothing or non-Muslims who are "forced" to wear Muslim clothing, especially headscarves, because of social pressure.

Religious law along with customary law and inherited colonial law can be material sources of the national law. However, its acceptance into national legal provisions must be through legislation at the House of Representatives (DPR). The determination and enactment of bylaws that are contradictory in substance to the spirit of national law cannot be justified.

Therefore, the government -- in this case the Home Ministry and the Law and Human Rights Ministry – should take stock of religion-based bylaws. The Home Ministry has revoked or revised 3,143 bylaws, which generally hamper economic and investment progress. Given that religion-based bylaws can cause division, the Home Ministry should examine, revoke or revise these bylaws.

Azyumardi Azra, Culture and Humanities professor, Syarif Hidayatullah State Islamic University