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If Aceh Wants Shariah, Let It Have Shariah
Written by James Van Zorge
Wednesday, 23 September 2009
Maybe an eye for an eye isn't such a bad idea..
When you look at the legal aspects behind Aceh's recently passed local bylaw on
the stoning to death of adulterers, you have to admit that there is probably
little the national government can do to reverse it. After all, Aceh enjoys
special autonomy, which includes the local government's right to pass
regulations in line with Islamic law. If politicians believe that Aceh has gone
too far and a line should be drawn in the sand, then Jakarta will either have
to change the autonomy law or accept the implementation of Shariah.
Either way, I suggest the president make an example of Aceh and use his stature
as leader of the country to ensure that politicians who impose shariah in Aceh
and elsewhere are subject to the same moral standards as their constituents. As
the famous saying goes, "What's good for the goose is good for the gander."
I would also recommend that Yudhoyono use the presidential pulpit to reframe
the entire debate over shariah so that it is understandable to the average
Indonesian. As it stands now, only lawyers and religious scholars seem to
participate in discussions over whether or not shariah should be implemented.
For such a critical issue, it seems to me that Yudhoyono owes it to the nation
to widen the debate to include the man and woman in the street.
First, the president should put the debate over shariah in terms that will hit
home for every legislator in the country. Toward that end, he should argue that
as it stands today, the Aceh bylaws are incomplete.
As everybody knows, theft under traditional Shariah is punishable by cutting
off the hand of the offender. Corruption by politicians is a form of theft of
the most egregious kind since it involves stealing money from the public.
Hence, if Aceh's politicians want to ensure good moral behavior, should they
not pass another shariah bylaw on stealing? If adulterers can be stoned to
death and gamblers given the cane, then it would only be fair that Acehnese
politicians found stealing from the public coffers should have a hand removed.
Of course, the same lawmakers in favor of stoning might object to such a demand
coming from the president and once again defend fervently their rights under
special autonomy. So be it. But at least Yudhoyono should open up this argument
for public debate and let Aceh's politicians explain to their constituents why
they think stealing is not something that should be punishable under their own
special interpretation of shariah.
Next, I would suggest that Yudhoyono bring up the issue of the drug trade in
Aceh. As most Indonesians know, Aceh is the center of marijuana cultivation in
the country. It is not a closely held secret that the transporting of the
illegal drug out of Aceh and throughout the archipelago is only made possible
through the collusion of rogue elements inside the security forces and some
Acehnese government officials.
Here, the president should make a couple of points to Aceh's holier-than-thou
legislators. If the Acehnese are, in fact, so concerned about and committed
toward enforcing exemplary moral behavior, the national government should
insist on assisting local authorities in furthering their cause by putting
together a special task force to eradicate the illegal drug trade in the
province.
After all, special autonomy and special needs should be respected by Jakarta
through special efforts.
To make a real example of drug dealers for the benefit of Aceh's pious
officials, Yudhoyono should tell locals that he will ensure that parties found
guilty of involvement in the trade, even if they are members of the local
government, will be given the maximum punishment allowable - execution.
If Aceh's lawmakers believe shariah should be invoked for the consumption of
alcohol, is there any arguing against cooperating with national law enforcement
officials to quash a vice as despicable as drugs?
Sound radical? Imagine how the entire debate about controversial issues such as
shariah would change if Yudhoyono were to demand that politicians be held to
the same moral standards as they ask of their constituents.
Smoke and mirrors removed, Indonesians would be spared the legal arguments and
technicalities that politicians love to hide behind when public dissent rears
its ugly head. No longer would we have to listen to inane arguments by
legislators that backward and illiberal laws are, in fact, not such a big deal
as seen from their lofty heights.
Endless debates over constitutional law within elite circles - the substance of
which is about as comprehensible as ancient Greek to the vast majority of
Indonesians - would fall by the wayside.
Religious figures should also be asked to stop framing the debate over shariah
by spewing forth Arabic terminology mixed with quotations of ancient scriptures
and interpretations dating back several millennia. For sure, these are topics
that only a very small percentage of Indonesians are prepared to comprehend.
Rather than getting caught up in the arcane language of legalities and Islamic
scholarship, Yudhoyono should cut to the chase and talk about the heart of the
matter. The real bottom line is this: Nothing could be more absurd in public
life than having amoral people in positions of power advocating harsh
punishment for others accused of immoral behavior.
Once the debate is finished, if politicians in Aceh and elsewhere still feel
they are entitled to support such laws, then there is little the common citizen
can do to stop them. At the same time, Indonesians should demand that those
same hands that signal support for morality laws should be put at risk should
they dare steal from the state's coffers.
James Van Zorge is a partner in Van Zorge, Heffernan & Associates, a business
strategy and government relations consulting firm based in Jakarta. He can be
reached at [email protected] e-mail address is being protected from spam
bots, you need JavaScript enabled to view it . This appeared in the Jakarta
Globe.
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