Erwida Maulia, Jakarta – The Regional Representatives Council (DPD) and the National Law Commission are planning to establish a body to review unconstitutional ordinances, including sharia-inspired bylaws, enacted by local administrations.
DPD chairman Ginandjar Kartasasmita said in Jakarta on Monday the body would examine all regional bylaws and recommend that those proven unconstitutional be revoked.
"The law center is currently being established. Once it is formed, we will review all the (exclusive) bylaws, which can later be revoked by the court or other mechanisms," he said after a meeting with the Constitutional Court's (MK) nine justices.
"This country belongs to all of us. There should be no exclusivity. Every citizen, regardless of where they live, should not be discriminated against," he said. "Exclusive bylaws can be considered unconstitutional because they apply only to certain groups."
As an example, Ginandjar cited a bylaw enacted by the Tangerang administration in Banten that imposes a curfew on women at night. He also cited a proposal by the administration of Manokwari, West Java, to pass a "Bible regulation".
According to Ginandjar, the resort island of Bali, a largely Hindu province, has also enacted an ordinance insisting that ground is sacred, which makes it difficult for non-Hindus to attain permission to bury their dead in the province. The Hindu tradition is to cremate the dead.
"All things like this need reconciliation and must be settled," Ginandjar said, adding that Indonesia's diversity should be seen as a "blessing" and should not be harmed by such exclusive bylaws.
Since regional-autonomy was first enacted in 1998, many local administrations have enacted sharia-inspired bylaws, which experts, rights activists and moderate Muslim scholars have warned threaten national unity.
Other examples of bylaws deemed unconstitutional include a Koran literacy requirement for students and brides, an Islamic dress-code enforcement on Muslim women and an anti-prostitution regulation.
Critics have said the bylaws are wielded by local elites as a "political tool" to woo Muslim voters during elections. Critics have said the laws may deprive women and non-Muslims of their civil rights, and that they were passed without sufficient preliminary studies.
Newly elected MK Chief Justice Moh. Mahfud M.D. slammed the sharia bylaws a day after being sworn in last week. He said the ordinances should be revoked as they were neither "constitutionally or legally correct" and threatened national integrity. Ginandjar said the DPD shared Mahfud's stance.
The Home Affairs Ministry had earlier pledged to review 37 sharia-based ordinances in force in several regions across the country that were seen to be discriminatory and to violate higher existing regulations. The government has yet to make further comment on carrying out the review.