http://www.thejakartaglobe.com/talkback/the-un-unitary-state-of-indonesia/507183 The Un-Unitary State of Indonesia
March 26, 2012 | by Naufal Fileindi A Sharia law official caning a man convicted of unlawful contact between unmarried man and woman in Jantho, Aceh province, in April 8. Aceh adopted a form of Shariah law in 2001 as part of the regional autonomy offered to help quell separatist sentiment. Amnesty International recently argued that caning violates the UN Convention against Torture, which Indonesia ratified in 1998, and urged Indonesia to bring Aceh’s bylaws in line with international and national human rights laws and standards. (AP Photo/Heri Juanda) I’m willing to bet my iPhone 4S that 60 percent of you, the laymen, don’t know the kinds and hierarchy of trial courts that govern this country. It’s nothing to be ashamed of. Prior to entering law school, I was also oblivious to such nuances. I’m also betting that 70 percent of you don’t know the types of laws that bind our lives. Not to worry here either, because before I entered law school, I thought that lawyers were deceitful thugs in suits. Another thing that I’d like to bet on is the possibility that 80 percent of you don’t know that people in the territory that is now called Indonesia were once legally divided into three classes of society: Europeans, far-Easterners and indigenous. Well, not everybody has read Pramoedya’s “Bumi Manusia” (“This Earth of Mankind”), after all. I won’t bet on this, but I’m pretty sure that the majority of you don’t realize that we are still legally discriminated against. It’s true, the law has discrimination written into it. The reason I’m saying this is because our State is a so-called Unitary State. There are several theories as to why the State is this way, but I won’t dwell too much on the political reasonings behind it. What I’d like to point out is the term “Unitary State” is pointless if there isn’t any unity in the law. Not buying it? Let’s say you’re an Indonesian citizen who happens to be a Muslim with two siblings. Your father has just passed away, leaving your mother, you, your siblings and his parents behind without leaving a will. As a Muslim, I was taught that once we are dead, our inheritance must be distributed as soon as possible among those who deserve it. The next question will be: What law do you use to distribute the heritage? Shariah? Civil law? Of course the logical way to settle the issue is by conducting a choice of law — but wouldn’t we be spared the time if there were only one law binding us with regards to inheritance? Here’s another example: Ever heard of the Religious Court (Pengadilan Agama)? One might think that the court deals with religious cases brought by Indonesians. Surprise, surprise, it only takes care of Muslims’ domestic errands. Non-Muslims must go to a District Court (Pengadilan Negeri) or the registration office to file for divorce. Ask any second-year law student how many laws there are in Indonesia. There’s the “national law,” religious laws, traditional law, and Aceh’s Shariah. Ah, another case of our un-Unitary State! How come Aceh can use its own laws? Why can’t Aceh just conform to Indonesian law like the rest of our other law-abiding provinces? I know it’s a political compromise, but it shatters the whole concept of a Unitary State, yes? >From the beginning, this State was a State of compromise. Even the ideology >was a compromised one, to cater to the needs of every variable in the >then-East Indies. Compromising won’t get us anywhere. It’s time to take a >stand and say, “The heck with compromise!” Or would we like to compromise on >the notion? So much for the so-called Bhinneka Tunggal Ika, eh? [Non-text portions of this message have been removed] ------------------------------------ Post message: [email protected] Subscribe : [email protected] Unsubscribe : [email protected] List owner : [email protected] Homepage : http://proletar.8m.com/Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/proletar/ <*> Your email settings: Individual Email | Traditional <*> To change settings online go to: http://groups.yahoo.com/group/proletar/join (Yahoo! ID required) <*> To change settings via email: [email protected] [email protected] <*> To unsubscribe from this group, send an email to: [email protected] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/
