The Jakarta Post Saturday, September 19, 2009

Stop the cruel sharia `qanun' in Aceh

Aguswandi, Cambridge

The sharia qanun passed by the Aceh parliament this week is no
less dangerous to Indonesia than the recent terrorist attacks in
the capital Jakarta. The qanun will allow for adulterers to be
stoned to death, and will put Indonesia on a slippery slope,
threatening the rights of its people and risking its proud
standing as an international beacon of moderate Islam.

Where the July bombings helped unite Muslims across the country
in outrage at the barbarism and inhumanity of radical Islamists,
most startlingly, the stoning bill has elicited little public
condemnation. Only a handful of human rights groups have voiced
their concerns at a law that grossly abuses the rights of
Acehnese.

In fact, if the latest qanun is implemented, it will be time to
stop referring to Indonesia as an example of civilized and
moderate Islam. It will be time to start referring to Indonesia
as the new Pakistan of Southeast Asia. Well Indonesia is not yet
Pakistan, but it will not be too long before it becomes one. If
politicians continue to accommodate hard-liners, allowing this
type of conservative sharia to flourish, Indonesia is only a
step away from being added the list of Islamic pariah countries
that treat their citizens inhumanely. It will only be a few more
years before Banda Aceh is the next Peshawar and East Java is
the next Swat Valley. In fact, Indonesia may become worse than
Pakistan, because even there people are not stoned to death.

There is still time to stop the folly. The central and
provincial governments need to strongly object to and forbid the
enactment of the law. This must be done soon, though. Even if
the governor does not sign off on the qanun, the law will
automatically take effect 30 days after its approval by
parliament. If this is the case, the government should obstruct
this barbaric law by not allocating any budget to the sharia
institutions. In fact, Aceh Governor Irwandi Yusuf, who is
opposed to sharia law, should consider scrapping the Sharia
Affairs Office and the Sharia Police that were created in the
province by the old corrupt governor, Abdullah Puteh.

There are a few political options to consider. Because the law
was passed by outgoing members of parliament in Aceh, the new
legislators can still revoke the law. Aceh's new parliament can
make two arguments under the Helsinki MOU, which determined
power arrangements in Aceh: First, the old parliament has no
right to issue any new law; and second, all Aceh laws must
follow internationally agreed-upon human rights standards.
Because stoning people to death is in direct contravention of
human rights, the law is invalid and therefore should be
canceled.

Third, and as a last resort, Jakarta has the power to overturn
any local regulations that go against the Constitution and
national laws. The central government has the right, if not
duty, to block this law that is not in the line with the
Constitution, which promises to protect human dignity across
Indonesia.

Laws can only be changed though with public support. Sharia
proponents who are willing to push the country to this
intolerable limit have been met unchallenged by their moderate
opponents, who, fearful of a backlash, are slow to speak out.
Indeed, the actual problem of Islamic conservatism is not the
conservatives, but the moderates who are too cautious in their
opposition.

In Aceh, where the law was introduced, the only group actively
voicing their opinions are, unfortunately, not those who oppose,
but those who support the qanun. They are the students and
legislator associated with the Prosperous Justice Party (PKS),
the Islamist Party that is in a coalition with the incumbent
President Susilo Bambang Yudhoyono's Democratic Party.

Despite the rhetoric of the PKS nationally that it is a moderate
Islamist group, they are the ones pushing for quick and further
implementation of sharia in Aceh. This type of qanun benefits
neither Yudhoyono's reputation nor the people in Aceh. It is
time for the central government to speak out against this law,
even though it would mean facing proponents of sharia in Aceh
who are part of the party that supported Yudho-yono in the
presidential race.

In fact, this is also a good opportunity to turn upside down the
whole process of enacting sharia law in Aceh and Indonesia. The
government should strangle the sharia institutions and
discourse. It is time for moderate Muslims to say no to the
newest sharia in Aceh and any future sharia that insults Islam,
Indonesia and the present moderate tradition.

The writer is a fellow at Harvard University's Weatherhead
Center for International Affairs.

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ka geukeubah lé éndatu. Udép sibagoë lamiët dan djadjahan gob njan hana juëm 
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Kheun Tgk Hasan di Tiro 
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