Devi Asmarani, Jakarta – A proposed article in the Constitution that stipulates the implementation of the Islamic Law for Indonesian Muslims has received little support from legislators in the People's Consultative Assembly (MPR).
The article on religion, proposed by two Islamic factions in the Assembly, contains the clause "obligation to adhere to the Islamic Law for Muslims" and is one of a number of articles in the Constitution that will be amended during the MPR 10-day annual session.
At an MPR plenary session yesterday, both the United Development Party (PPP) and Crescent Star (PBB) factions – which between them hold 367 seats in the 700-strong Assembly – maintained they would fight for the proposed clause during the five-day deliberation that starts today.
But three major parties – the Indonesian Democratic Party-Perjuangan (PDI-P), Golkar and Nation Awakening Party (PKB) – have resisted the article firmly, citing fears that it might complicate already-mounting problems in the mainly Muslim country.
Most of the other smaller factions have also expressed their objections. PDI-P said the current article on religion, which stipulates that "the country is based on the belief of one God" should be left as it is, because it had been agreed on by the founding fathers that this would serve as the ties that bind the multi-ethnicity country.
But the PPP said the founding fathers were going to include the article in the Constitution's preamble (known then as the Jakarta Charter) before it was scratched at the last minute.
Referring to opponents of the proposed article, the PPP's Zainuddin Isman told the Assembly yesterday: "Why do they always manipulate the history and assume that if Muslims want the inclusion of the Islamic Law in the Constitution it will pose a threat to the country?"
The proposed article "will not make the country a religious nation but will certainly prevent it from becoming secular, while giving firm legitimacy to the creation of public law for the Muslims".
The PBB backed PPP's proposal, saying the Islamic Law would encourage good deeds and fight vice and immorality in the country. Noted PBB spokesman Hamdan Zoelva: "It is one of the solutions to the nation's moral decadence." As it will only be applied to the Muslims, the Islamic Law would never "marginalise followers of other religions", he added.
But stronger objection had also come from outside the Parliament complex. Yesterday, a group of Muslim leaders, led by the country's largest Nahdlatul Ulama (NU) organisation, said they feared the article would interfere with people's freedom to practise their religion. NU executive Masdar Masudi told a press briefing: "Such intervention will distort religious practices and politicise religions for the short-term purposes of political parties that are currently in the power or are struggling to take over the power."
Aside from "encouraging hypocrisy", he said the proposed article had the potential to further disintegrate the country. "It will return the old suspicions by the non-Muslims that we are going to become a Muslim country," he said. "Religion should be a source of inspiration, not aspiration for political cause."
Both the PBB and PKB said they would like Assembly members to vote if they could not reach a consensus on the issue, an idea that appalls other legislators. Golkar chairman Akbar Tandjung said: "Clauses that are controversial and sensitive should not be decided by voting."
[The Jakarta Charter is the draft of the preamble of the 1945 Constitution. The original wording was: "The State is based on the belief of God and adherence to the Islamic Law for Muslims." A last-minute revision saw the elimination of the last seven words to read: "The State is based on the belief of one God." What some legislators want now is to add these seven words missing from the original draft to article 29 in the Constitution on religion - James Balowski.]