Muhammad Qodari, Jakarta – It has been more than eight years since the country began the transition to democracy, but the Indonesian political elite's understanding of democracy is still procedural rather than substantial. To the elite, democracy is not ultimately understood as a system that guarantees civil rights such as individual freedom and equality, but as a means to achieve power and further the political agendas of powerful groups.
This is indicated by two events. First, at the national level, the attempt to draw up the anti-pornography law was heavily influenced by the values of a particular religion, Islam. Second, a number of local bylaws inspired by Islamic law, or sharia, have been passed.
In Bulukumba, South Sulawesi, Bylaw No. 4/2003 stipulates that civil servants must wear Muslim attire. In Padang, West Sumatra, the mayor released Instruction No. 451.422/Binsos-III/2005 on a Muslim dress code for schoolchildren.
The anti-porn bill and the sharia-based bylaws have sparked political and social tension in society. Heated debates drag on at the House of Representatives, in the media and in public. Demonstrations have been staged by those opposed to and in support of the porn bill and the bylaws.
It can be predicted that the porn bill will create problems if implemented. Articles regulating dress, for example, will not be easily enforced in certain areas in Indonesia, such as Papua. Even in Java, there are places where people bathe in public places such as rivers. Will they be considered as violating the law for their traditions and habits?
The bill is also seen by many as discriminating against women. Many of articles assume that the way women dress is the source of moral degradation and sexual crimes.
In the meantime, the passage of sharia-inspired bylaws has proven to be hazardous to social harmony. The Padang mayor's instruction on student dress, for example, has caused widespread anxiety among non-Muslims, Sudiarto, who teaches Islam at Don Bosco Catholic School in Padang, told the Liberal Islam Network in an interview.
Although the instruction only obliges Muslim female students to wear a jilbab (headscarf), in practice non-Muslim female students who do not wear a headscarf face the question: Why aren't you following the instruction?
This question arises because the instruction suggests that non-Muslim female students don the jilbab as well. This is obviously against the values of democracy. The use of religious symbols is a reflection of one's faith. A bylaw suggesting someone wear the religious symbols of another faith is a form of coercion by the state.
In 2007 it is expected that the debate over the anti-pornography bill will resume in the House. What are the chances the draft will be passed into law? That possibility is quite large, if we look at the positions of the major political parties in the parliament. Only the Indonesian Democratic Party of Struggle (PDIP) faction has openly opposed the draft law. It is unclear the exact positions of Golkar and the Democrat Party, but they seem to be leaning toward approval. Islamic parties such as the United Development Party (PPP) and the Prosperous Justice Party (PKS) are of course in favor of the draft.
According to the Constitution, a law must be approved by both the executive and the legislative branches. In this case, it is important to know President Susilo Bambang Yudhoyono's position on the bill. His stance will be determined by two factors: First, his need to win sympathy and support from political parties and the people. Second, his background as a military figure trained under the doctrine of Bhinneka Tunggal Ika (Unity in Diversity).
It will not be an easy decision for Yudhoyono. If he opposes the bill, he may face resistance not only from Muslim parties, but possibly from his Vice President, Jusuf Kalla, who once expressed his support for the draft law. Kalla is crucial not only because of his position as Vice President, but also because he chairs Golkar, which controls the largest number of seats in the House.
And if Yudhoyono opposes the bill it could spark tension within his Democrat Party, as the head of the committee debating the porn bill is party member Balkan Kaplale.
The President's political standing also will determine the future of local sharia-inspired bylaws. The 2004 law on regional administrations stipulates that the president can annul any bylaw which goes against the public's interests or runs counter to higher regulations.
So far, however, Yudhoyono has not explicitly expressed his opinion on the sharia-inspired bylaws. There are concerns that if Yudhoyono fails to make a firm decision soon, more and more sharia bylaws will be enacted in other regencies or provinces. Most of these bylaws are found in regencies in three provinces: West Java, West Sumatra and South Sulawesi. (Sharia also is enforced in Aceh, but the province is excluded from this analysis due to its special historical, cultural and political background.)
Other provinces where we might expect to see sharia bylaws passed at the regency level are Banten, East Java and South Kalimantan, where Islam has a strong cultural foundation.
One of the reasons for the rising tide of sharia-inspired bylaws is the significant electoral power of Muslim parties such as the PKS. While the total percentage of votes won by Islamic political parties may not have increased from the 1999 to the 2004 elections, the total percentage is still quite significant. The combined votes of Islamist parties such as the PKS, PPP, PBR (Reform Star Party), PBB (Crescent Star Party) was around 20 percent. If the PKB (National Awakening Party) and PAN (National Mandate Party) are considered Muslim-based parties, the combined votes would be around 40 percent.
Another reason is the support from Muslim communities in Indonesia. The strength of support varies from one region to another, but a number of national surveys in the last few years found there is a significant portion of the population which supports the Islamist agenda.
The Indonesian Survey Circle confirmed the trend in a survey in August 2006. There are three types of Islamist laws: civil, criminal and constitutional. Regarding civil laws, 59 percent of respondents agree with the implementation of Islamic-oriented laws, 60 percent supported laws on entitlement based on Islamic norms and 76 percent demanded a law on haj affairs.
When it comes to criminal and constitutional laws, 77 percent of respondents opposed cutting off the hands of thieves, 56 percent were against caning and 63 percent rejected stoning adulterers.
Other studies in the late 1990s and early 2000s found a trend of the "santrinisasi" (Islamization) of Indonesian Muslims, in the sense that they are now more willing and diligent in practicing religious rituals.
We understand that political parties need to gain the sympathy of Muslim voters. However, as a democracy where various ethnic and religious groups live, political parties must produce laws that do not discriminate against any group in society.
[The writer is executive director of Indo Barometer (IB), a research and communications firm in Jakarta.]