synopsis i the evil spirit of religious blasphemy. accusations of religious blasphemy now a threat...

1. Accusations of Religious Blasphemy Now a Threat

a. Book Accused of Deviance, Mass Anarchy

editionth

Augusts 2008

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About 100 people approached the house of the Panca Daya Pencak Silat Institution (PPS) of Tasikmalaya, West Java, owned by H Ishak Suhendra BLaw (60), on Thursday

28/08/08. Dressed in white, some wore pants, others sarongs and a few sported ninja-style headscarves. They destroyed two Panca Daya signs, pulling them out of the ground, breaking them, and throwing them into a pool. They were from Forum Rakyat Madani (FRM), and also broke down the doors and ripped Panca Daya stickers off the windows of citizen’s houses who clearly followed the Panca Daya teachings which FRM considered Ishakiyah.

At around 12.00, the masses who had come in three cars im-mediately began to speak, punctuated by shouts and yells of “Hang Ishakiyah! Kill Ishakiyah! Just burn their houses!” For 30 minutes they spoke, demanding Ishakiyah and Panca Daya followers to re-pent and return to the true Islamic teachings. They felt the head of Panca Daya PPS of Tasikmalaya had written a deviant book, and they demanded that he be brought to justice.

Ishak Suhendra was accused of committing religious blasphemy by writing the 29 page book titled Religion and Reality. The Tasik-malaya branch of MUI judged it as deviant. The masses came ini-tially to attend the court hearing of the case of religious blasphemy against Ishak. They had already burnt dozens of Ishak Suhendra’s books. Because Ishak did not show, and there was no clear reason for his absence, the judges’ council ordered court officials to go to his home and bring him to court. The masses, who wanted to set fire to Ishak’s house, followed. However, police had arrived in three big trucks, and the masses could not get past their tight guard.

The Evil Spirit of Religious Blasphemy

Synopsis

In this edition of the Monthly Report, there are two cases of religious blasphemy: Ishak Suhendra of Tasikmalaya, and Dedi Mulyadi, the regent of

Purwakarta. Ishak was accused of committing religious blasphemy because the 29-page book he wrote titled Religion in Reality was deemed to have deviated from Islamic teachings. The case is currently being heard by the Tasikmalaya State Court. Ishak faces a five year jail sentence.

Meanwhile, Dedi Mulyadi was accused of defaming religion with a statement in the Bale Paesban religious meeting held in the regency pendopo (07/08/08). In front of his audience, which included KH Masdar Farid Mas’udi, head of the executive branch of Nahdlatul Ulama (PBNU), the regent made a comparison between the flute (a musical instrument and cultural symbol of Sundanese society) and the Qur’an. He said, those who understand the Qur’an, can, just by listening to musi-cal instruments such as the flute, remember Allah. On the contrary, there is no guarantee that a person will change his ways upon hearing the holy verses of the Qur’an, if he does not understand their meaning. The case is currently being processed by the Purwakarta police station, despite the fact that Dedi has already apologised. These cases of religious defamation are given primary attention in this edition.

In addition, we also report on a church construction case, the STT Setia Jakarta issue, the chaos in MMI, and FPI’s sweeping activities in the lead up to, and during Ramadan. It seems religious issues will always become public issues, and will always be present.

Enjoy your reading!

BOARD OF EDITORSExpertises: Yenny Zannuba Wahid and Ahmad Suaedy | Editor-in-Chief: Rumadi Managing Editors: Gamal Ferdhi, Nurul H. Ma’arif |Editors: M. Subhi Azhari, Dandy Kosawaraputra, Arif Hakim Budiawan, Rebecca Christine Lunnon (Translator).Graphic Design: Widhi Cahya

ADDRESS: The Wahid Institute Jln Taman Amir Hamzah 8, Jakarta - 10320 Website: www.wahidinstitute.org Email: [email protected]

ASSOCIATE AND CONTRIBUTORS: Akhdiansyah (West Nusa Tenggara), Suhendy (West Java), Nur Kholik Ridwan (Central Java and Jogjakarta Special Region) Alamsyah M. Dja’far (Jakarta), Zainul Hamdi (East Java), Syamsul Rijal (South Sulawesi)in cooperation with TIFA Foundation.

Monthly Report on RElIgIOUS ISSUES

Ishak Suhendra, an old man with sharp eyes and an air of authority, lived in the east of Tasikma-laya, on Jl. Raya Garut-Tasikmalaya, Rm 29, Tagog village, RT 10/03 No 109, Karangmukti, Salawu district, Tasikmalaya. His social nature had made locals sympathetic towards him. His care for the lives of others had also lead to him becoming an expert in spiritually curing illness. His popularity meant that patients kept visiting him, and he now has 25,000 people listed in his guest book. All day long, lots of people visit his blue and white fenced house.

Through Panca Daya, Ishak had empowered his 200 or so members, and had even made his neigh-borhood association a role model throughout West Java. The Panca Daya group does indeed care about reforestation, posyandu (village child healthcare centers) and siskamling (neighborhood security sys-tems). They even have businesses in silk-screening, fish farming, and making street vendor booths for society. In fact, in 2007 they succeeded in turning 15 citizens’ houses that were unfit for living into houses fit for living.

Nevertheless, some do not like Panca Daya. This is proven, for instance, when a representative from another neighborhood association came to seek as-sistance building a neighborhood security post, a kiai refused the assistance. In fact he forbid Panca Daya from giving any help. On Sunday, 06/01/08, at around 11.000, H Ishak Suhendra distributed his book to Panca Daya PPS members at the volley ball courts of Tagog, Karangmukti, Salawu, Tasik-malaya. It coincided with Panca Daya PPS’s anni-versary. 150 copies had been printed of the small book whose cover sported the Panca Daya logo.

However, the book, a product of Ishak’s study with Panca Daya members every Friday night for one year, was protested by a Salawu NU figure. Ishak believes this NU member reported his book to the Tasikmalaya MUI, and from there the book was deemed deviant. According to Tasikmalaya MUI’s examination, the book, lacking a bibliog-raphy, contained many deviations from Islamic teachings. This then lead to the push for a fatwa claiming the book as deviant. Ishak disputed the one sided MUI examination, saying that he him-self had never been invited to speak.

The teachings deemed deviant by MUI include: first, interpretation of the basmalah. Ishak interpret-ed it to mean bis=hidup, mil=heart, lahi=feeling, rahman=intellect, rahim=wisdom. Second, the Ishaki-yah (the protestor’s term) teaching that regards all religions as true and advocates mixing the teach-ings of all of them. The third relates to the pillars of faith. MUI believes belief must first be placed in Allah’s holy books, and then in Allah’s Prophet, while Ishakiyah believes the opposite. Fourth, the

teaching that Allah needs the creatures he cre-ated. Fifth, Ishakiyah explains that religion is not based on shariah argumentation or theories. Sixth, the implementation of 50 obligatory prayers in 24 hours.

The Tasikmalaya State Court summoned Ishak in light of these accusations. Over six court hear-ings, Ishak claimed, he felt pressured by the fre-quent swearing and dirty expressions of the masses who wore clothing or other attributes from Muslim social organizations including NU, Ansor, Banser, FPI and so on. They always cornered him when he was giving explanations in court. In the seventh hearing, Ishak’s emotions peaked due to the behav-ior of these masses. In front of the judges Ishak admitted he would not attend the following hear-ing if the atmosphere was not conducive or was susceptible to conflict.

And so, the hearing scheduled for Thursday 28/08/08 at 10.00 to hear the prosecutor’s case was canceled due to Ishak’s absence. Ishak explained that besides not feeling safe in the hearings, po-lice asked him not to attend for security reasons. However, at 11.30 the police apparatus from the Tasikmalaya State Court arrived at Ishak’s house to detain him. The execution team, lead by Dwi Harto, entered Ishak’s house, took him and de-tained him at the Tasikmalaya prison. At the time, the execution team asked Ishak to wear pants, as he was wearing a sarong, and then took him quickly because they said the masses were heading towards Salawu, and Ishak’s house.

While the negotiation process to take Ishak was underway, police from the Tasikmalaya police sta-tion stood on guard at the two main roads, about 100 meters from Ishak’s house. Accompanied by the sound of the noon prayer call, at around 12.00 the masses came in three cars and immediately started to speak, punctuated by shouting and yell-ing. It eventually accumulated into anarchy. H Ishak Suhendra BLaw was threatened with violating arti-cle 156a of the Criminal Code, with a maximum 5 year jail sentence. (source: direct monitoring, www.freedomreligion.org, Monday, 04/08/08, www.berita.prianganonline.com, Saturday, 05/06/08).

b. Regent of Purwakarta Accused of Religious Defamation

THE regent of Purwakarta, Dedi Mulyadi (37), nev-er imagined that his interpretation of the Qur’an would create a tense situation in Purwakarta. It all began with Bale Paseban religious meeting in the regency pendopo (07/08/08). It was a meet-ing attended by leaders and employees from with-in Purwakarta government circles. Dedi Mulyadi gave his audience an example. He said, for those who understand the Qur’an, that they can, just by

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■ Monthly Report on Religious Issues, Edition XIII, August 2008

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Monthly Report on Religious Issues, Edition XIII, August 2008 ■

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listening to musical instruments like the flute, re-member Allah. On the other hand, there was no guarantee that someone will change his ways upon hearing the holy verses of the Qur’an, if he did not understand them.

This declaration by the former activist of the Purwakarta branch of the Muslim Students’ As-sociation (HMI) made the Purwakarta Indonesian Council of Ulama (MUI) swing into action. Sever-al days later they held a special meeting which was also attended by several representatives of social or-ganizations around Purwakarta. It resulted in MUI agreeing to investigate the regent’s statement which many considered to have equated the Qur’an with flutes. The regent was believed to have committed religious blasphemy.

“This is a serious issue. We are afraid that if we just let it go it will cause unrest amongst the Mus-lim community. So, if the regent doesn’t immedi-ately apologize we will report him to the police,” said MUI spokesperson KH Abdullah AR Joban, Wednesday (13/08/08) as quoted in Antara.

However, KH Abdullah said that Purwakarta MUI would not ask Dedi to clarify his statement. What the regent, a 1999 graduate of Purnawarman Law School, said was seen to have clearly defamed religion. As a result, KH Abdullah asked Dedi to apologize to the Muslim community of his regency, which has a population of 700,000 people. He was also asked to recite the syahadat (Islamic confession – there is no God but Allah, and Muhammad is His prophet) twice. MUI would also send a letter to the Purwakarta State Court, the State Court, and the Purwakarta local government.

“I ask forgiveness from the Muslim community of Purwakarta. It was indeed my error. I did not intend to equate the existence of the Qur’an with a flute. It is only difference of interpretation and understanding. I do not want to argue further, and I do not wish to debate,” Dedi said in response to MUI’s requests. And in relation to the syahadat? They need not have asked him, as he claimed he always read the syahadat every day.

The “unrest” that KH Abdullah feared was not just an excuse. On Friday afternoon (15/08/08), hundreds of people from a number of Islamic so-cial organizations including the Forum for Mus-lims (FUI), Islamic Defenders Front (FPI) and the Moral Movement of Purwakarta Society (GMMP) came from the Kian Santang Square and assaulted the local parliament office and the state building where the regent worked. The demonstration also involved the burning of billboards, banners, and pennants featuring Dedi Mulyadi that demonstra-tors had managed to pull down from around the surrounding area. Some of the protestors shouted demands for Dedi to step down from his position.

As quoted in www.okezone.com (15/08/08), the head of Purwakarta FPI, Asep Hamdani, said, dur-ing a break in the demonstration, that Dedi Muly-adi’s behavior could not be permitted. He believes this is the third time something like this has hap-pened. However it is not clear exactly which other two instances Dedi has been previously involved in.

The next day, Saturday (16/08/08), the regent’s oral apology was reinforced by his signing of the joint declaration made between himself, the gen-eral head of Purwakarta MUI, KH Otoillah Mus-tari, and the head of the Purwakarta police, Chief Police Commissioner Sufyan Syarif. The proces-sion was held in the Purwakarta Police auditori-um. Unfortunately, the apology letter did not stop a group, acting in the name of the Purwakarta Muslim Community, from reporting Dedi to the police, even though their complaint was eventually rejected.

“In everything that’s happened, I’ve become a valuable lesson for this not to happen again. We have to be extra careful with anything to do with religion. We mustn’t allow for multiple interpre-tations,” said Dedi after signing the declaration (www.mediaindonesia.com, Saturday, 16/08/08).

Threatened ExpulsionIN response to this instance, Purwakarta MUI threatened to expel the Purwakarta regent. Purwa-karta MUI spokesperson, KH Abdullah AR Joban, for instance, threatened to hold a demonstration and drive the Purwakarta regent our if he had not formally apologized to the Muslim community in Purwakarta in 24 hours.

“He (Dedi) apologized on Wednesday (13/08/08). But it wasn’t formally,” KH Abdul-lah said. Privately, he said, he had already forgiven Dedi, because he was friends with the regent.

I am one of Purwakarta’s increasing number of Muslims. So I urge the regent to not only apologize to me, but also to all other Muslims,” he said (www.antara.co.id, 14/08/08). However, because the re-gent had already apologized, he was not expelled.

The latest news reported that the religious defa-mation case against the Purwakarta regent had been handed over to the West Java police. Previ-ously, the case had been handled by the Purwa-karta local police. The Chief Police Commissioner of the Purwakarta police, Sufyan Syarif, said that the police were still investigating a number of extra witnesses. “We’ll correlate the results and submit them to the West Java police,” he said.

Up to last Wednesday (13/08/08), a criminal reserve unit from the Purwakarta police office had seized various items of evidence, including a video camera, a disk with pictures on it, and a cassette

3. South Sumatran Government Asked to Issue Halal Local Regulation

The Assessment Institute of Food, Drugs and Cosmetics (LP POM) of the South Sumat-ran MUI branch asked that the local govern-

ment issue a local regulation on halal certification. LP POM public relations manager Muhanad Ja-mur said that the local regulation was necessary be-cause halal certification was not functioning at its maximum (21/08/08). “Up ’til now the products of only six companies have received MUI-issued ha-lal certification,” he said.

So far, he said, very few businessmen want to obtain halal certification for their products because it is still voluntary and there is nothing forcing them to do so. Jamhur also said that his institute had submitted a legal draft of the local regulation to the provincial government for discussion. “If the governor wants to leave a good impression of his time in office, then he should support the halal lo-cal regulation that we’ve submitted,” he said.

The contents of the regulation, Jamhur said, were related to the importance of halal labeling, and also the monitoring and regulations needed to apply halal labeling. In addition, he also urged soci-ety to care about halal labeling (www.tempointeraktif.com, 21/08/08).

100% HalalPREvIOUSLY, Malang MUI, East Java, asked that society be careful with foods labeled 100% halal. It was because social awareness of halal labeled products was still considered quite poor. Prof Dr H Sugijanto, head of the Assessment Institute of Food, Drugs and Cosmetics (LP POM) of the East Java branch of the Indonesian Council of Ulama (MUI), spoke in a seminar and workshop titled Safe and Halal Foods in the dome of Muhammadiyah Malang University (UMM), Tuesday (05/08/08). He stated that survey results showed that 27.7% of society still bought products that did not have halal labels.

The need for safe and halal labeling will rise if issues concerning food enzymes made from pigs, or concerning the use of borax and various other dangerous chemical elements, spread. When faced with such issues society will pay great attention to halal labeling on products. “The irony is that the Department of Religious Affairs is currently debat-ing the draft of law on Guaranteeing Halal Prod-ucts and it has been protested heavily by Muslims themselves. If it’s like this, when on earth will Mus-lims in our country be protected?” said the head of LP POM of Central MUI, Dr M Nadratuzzaman

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2. Non-Muslim Committee for Isra’ Mi’raj in North Maluku

A unique sight accompanied the celebration of Isra’ Mi’raj (Muhammad’s ascension) in West Halmahera, North Maluku. The com-

memoration of this Muslim holiday was entirely organised by adherents of other religions. “This was done intentionally to further strengthen inter-religious friendships. Besides that, we also want to show the world that North Maluku, especially West Halmahera, is safe and that the groups who fought in the past are now living peacefully and tol-erantly side by side,” said the regent of West Hal-mahera, Namto Hui Roba, in his speech in West Halmahera, Tuesday (05/08/08).

Namto explained that the background behind celebrating the event in this way was the still strong perception in outside communities that North Ma-luku was a conflict area. “Whereas the conflict has long finished, and North Maluku citizens are even beginning to forget it,” he explained.

Dzikir (repetition of the Islamic confession of faith) and revival sermons, which dominated the event, were attended by the famous Ustad Achmad al-Habsy. His presence also made locals enthusi-astic to attend. In fact, locals from non-Muslim groups also attended in significant numbers. (www.okezone.com, Tuesday, 05/08/08).

recording. Police had also investigated four wit-nesses, both from MUI and the committee from the religious meeting.

Besides Dedi, Masdar F Mas’udi, the speaker from Jakarta, was also reported. In his speech Mas-dar said that the word “Ilah (a god)” was the same

as Sang Dwiwasa. This head of the executive board of NU also said that a prophet descended to Sunda and Java. Tata Surkayat from UIN Bandung, the moderator, was also reported because he was also deemed to have defamed Islam. (www.antara.co.id, Friday, 22/08/08). ■

Hosen BSc.Consequently, he appeals for society to research

the food products they choose to consume. Ev-ery product bought should be labeled halal by LP POM MUI. “A 100% halal label should be ques-

tioned given that LP POM has never issued a label claiming a product is 100% halal. What LP POM has issued is the word ‘halal’ in Arabic above, and in Indonesian below,” said Nadratuzzaman. (www.surya.co.id, Wednesday, 06/08/08).



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4. Villagers from Kampung Pulo Attack SETIA Campus

Hundreds of people from Kampung Pulo were involved in a clash with boarders from Arastamar Bible College (SETIA) campus,

in Kampung Pulo, Pinang Ranti, East Jakarta, Fri-day-Sunday (25-27/07/08). According to Rusman Hadi, head of the Muslim Communication Forum of Kampung Pulo, this clash that produced dozens of injured victims was by no means the first.

The first clash occurred in 1991. At the time, locals were opposing the planned establishment of SETIA campus. In 1993 the villagers protested again. A clash also occurred in 1995, sparked off by villagers’ protests to building a dormitory on cam-pus. One villager was bashed up. This clash was followed by the fourth clash in the same year.

The clash of July 2008 was, Rusman believes, triggered by the arrest of Julius Coli, a SETIA stu-dent, who had been caught attempting to steal a pump owned by Samiranto, a citizen of Kampung Pulo, RT 02 RW 04, at 22.45. This was not the first instance of theft by a SETIA student. Rusman said that on November 7, 2007, Saverianus, a SETIA student, also tried to steal a motor bike owned by Sugino, a citizen and member of the Tebet police.

In addition, the building license of the SETIA campus was seen to be problematic. Initially they only had permission to build a fence. The fence then became a building. Kampung Pulo citizens complained. “Since 1991-1992 SETIA has ma-nipulated data. What was initially permission to build a fence became permission to erect a build-ing,” said Rusman in the Baiturrahman Mosque, (26/07/08).

He believes the locals have never accepted SE-TIA because it is impossible to establish an insti-tution in the middle of a dense, Muslim majority settlement. “And now their quite large population of 7,400 people, based on 2007 data, has provoked social insecurity,” he said.

Besides, Rusman said, SETIA students are of-ten involved in inter-ethnic clashes. “They do as they please. In amongst the villagers. Right from the start, the elders here have opposed them, be-cause they believed they would cause more wide-spread conflict,” he said.

SETIA campus was established May 11, 1987.

It has six study programs: theology, Christian edu-cation, kindergarten and primary school teachers education, junior high school teachers education for maths and English, three year TAFE nursing academy, and junior high school Christian theol-ogy. The SETIA campus spokesperson, Senny Ma-fei, denied misuse of the land permit and misuse of campus building as places of worship. As proof, Senny asked locals to check with the Jakarta City Planning Agency. “If I say everything is in order, people will later say I’m being defensive, denying things. Prove what I say by going to the authorities. We believe everything accords with regulations,” Senny said in Jakarta, Sunday (27/07/08).

In response to society’s objections to Mass ac-tivities that SETIA occasionally runs, Senny said that Mass was only held on Sundays. “Mass is also held in one class in SETIA. There is no church here,” Senny said. He further continued that Mass was held at SETIA for time efficiency, because the church was in Bandara Halim Perdanakusuma, and thus quite far from the campus (± 6-7 km). “We went to the church once. We have 800 stu-dents. It makes the traffic jammed. And Mass is only for praying. And the law doesn’t forbid us, as religious adherents, from expressing our faith in God,” Senny said.

KH Abdurrahman Wahid (Gus Dur) also sug-gested the attacks against SETIA campus from Fri-day to Sunday (25-27/07/08) were partly based on a firm and one-sided government policy. “This is a result of government policy which is in complete chaos. At the moment there is a very one sided at-titude,” he said during the Chat with Gus Dur pro-gram at Green Radio, Jl Utan Kayu, No 68 H, East Jakarta, Saturday (02/08/2008).

Gus Dur hoped that the government, particu-larly the police, would be just in responding to the issue. For instance, the police must take firm ac-tion against the provocateurs and attackers. “Police action needs to be taken against those who pro-voke and those who attack,” he said. If the police do not do so, Gus Dur continued, then they also played a role in the attack that resulted in 17 SE-TIA students being wounded. They were wounded by knives, stones, blunt objects and some even had

a. Dozens of Muslims Reject the Construction of a Church in Pondok Cabe

DOZENS of Muslims protested in Jl Moh Toha, Pondok Cabe, Pamulang, Tangerang, Banten at around 10.30 on Wednesday (13/08/08). They demanded that the Tangerang regional govern-ment and the Christian community of Pamulang cancel plans to build Barnabas Church. They be-gan their protest with a long march from Mushalla Darussalam in Jl Moh Toha to Ciputat, via Parung. While walking they shouted and held up banners and posters featuring slogans of “Reject the Church Construction” and “Avoiding Conflict, Pamulang Citizens Oppose Church Construction”.

In his speech, the action coordinator Abdul Ra-him Tabrani stated that his party was strongly pro-testing the plan to build Barnabas Church because there were already a lot of churches in Pamulang. “But their community is small. So why do they need another new church?” he asked.

Tabrani also deplored that the Tangerang lo-cal government did not listen to the aspirations of Pamulang citizens. This has led him to suspect that the Tangerang regent receives payment in kind from those with interests in the construction of the church. “We will collect proof and take the case to the court,” he threatened.

The protest received tight police escort because it coincided with the plan to lay the first brick of the church. However, to avoid conflict, the brick-laying event was postponed. After speaking, the protestors dispersed at 11.30, one and a half hours

after they had started.The protest can be considered a follow on from

Thursday’s action of November 22, 2007. In this instance, dozens of people claiming to be teenage members of the Pondok Cabe mosque and prayer room protested in front of this same ground, which was as large as two soccer fields and was surrounded by an iron fence. The plan was to build the church there. “Every weekend Mass was held there and they planned to build Barnabas Church. We re-fused, because most people here are Muslim,” said Zarkasih, the action coordinator, at the time.

Almost all those currently attending Mass came from outside Pondok Cabe, and thus the plan to construct a church on the 4,000 m2 block of land was considered inappropriate. “If there’s still Mass at the end of the week we’ll act firmly and disperse them,” Zakarsih threatened after tying two banners protesting the construction to the fence surround-ing the land.

Zakarsih also said that the protest was none oth-er than the continuation of last year’s event, which was not peaceful because the church opposed the protestors. (source: www.detik.com, 22/11/07, and www.okezone.com, 13/08/08).

b. Punggolaka Citizens Oppose Church Construction

DOZENS of citizens from Punggolaka, Kendari, Southeast Sulawesi, opposed the construction of a church within their district because it was deemed to not fulfill one of the conditions mentioned in the 3 Ministers’ Joint Decree. However, their pro-test did not interfere with the laying of the first

5. Church Construction Opposed

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mercury splashed on them. So, Gus Dur thus believes that the police are

most at fault. They are supposed to be the ones protecting victims, but in reality are not. If there’s a theft, he added, the police do not act either. “Why? Because the police are most at fault, no one else,” he said.

Gus Dur then asked SETIA campus to keep fighting. “Brothers in SETIA, don’t be afraid. Keep at it,” he said. “A school is allowed to be established anywhere,” he said.

Bayu, a representative from SETIA campus, said that since the attack the campus has been quiet, with no boarding students, because they had all been evacuated to Wisma Transito. It has no elec-tricity however. “Our campus is just as it has always been. We have a building, except it’s empty,” he said. As a result, Bayu regrets the anarchy of the locals and the inaction of the police. “We have a

place, yet it’s been evacuated, and the attackers have been allowed to get away scot-free. I don’t know where this country is heading,” he said. “The government has to be firm. Those who break the law, those involved in provocation and anarchy, must be brought to justice,” he added.

Bayu was also taken aback knowing some stu-dents were injured from being splashed with mer-cury. It made no sense to him how mercury got on campus in light of the fact that the campus was shut to the general public. “Why was there mer-cury there?” he asked in surprise. Bayu also said the accusation that there was no building license for the campus was unfounded. “We have a license. We have an IMB,” he said. Bayu and his associates only want one thing. “We just want to go back to campus and study,” he said. (source: www.okezone.com, Sunday, 27/07/08, www.detik.com, Sunday, 27/07/08, www.gusdur.net).

Issues of apostasy still receive attention from some Muslim groups in Yogyakarta, one area of which surrounds Kalicode, in the subdistrict

of Wirogunan, Mergangsan regency. Some Mus-lims here have noticed a phenomenon whereby a number of Muslims have converted to other reli-gions. This phenomenon is centered around the flood plains of Kalicode, and mostly involves those who work as plastic rubbish scavengers, becak (rick-shaw) drivers, ojek (motorbike) drivers and so on.

This issue quickly developed amongst some Muslim groups around Kalicode on July 26, 2008, and culminated in a meeting between constituents of MUI, the Indonesian Mosque Council (DMI), and board managers of mosques in Mergangsan. It was held at the al-Huffazh mosque, Mergangsan, Kidul, and expressed the need for examination and a movement against apostasy.

The meeting then discussed the issue of Chris-tianisation along the east and west sides of Ka-licode, which transverse Mergangsan regency. It touched on the fact that no less than 20 Kalicode citizens had previously been Muslim but were now non-Muslim. The method used, according to the meeting, was to draw citizens out of poverty by giv-ing them business capital and sembako (Indonesia’s list of nine staple foods/ingredients).

The meeting attempted to form a large scale religious meeting around the Kalicode area. Such an event had never been implemented before. This meeting was held by constituents of the Mergang-san branch of MUI, DMI and several board man-agers of mosques in Mergangsan. Coinciding with Isra’ Mi’raj celebrations, it was held at the beginning of August 2008 at the al-Huffazh mosque, with the

reason that the mosque was close to Kalicode, only 30 or so meters away.

The meeting was attended by Dr Muhammad MTh who spoke about the danger of Christianisa-tion and the illness called sepilis (secularism, plural-ism, and liberalism). Besides Muhammad, the re-cent convert Bambang Miswanto spoke about the truth of Islam exceeding all religions. Also present were constituents of the district, the KUA (lead-ing the prayer), DMI, and several board managers of nearby mosques. It was one of the largest reli-gious meetings since consolidation of the apostasy and Christianisation issue. No less than 600 or so people attended. After its conclusion, at least 300 sembako packages were distributed to poor Muslims around Kalicode.

Since this event social boundaries have begun to emerge, heading in the direction of conflict. For instance, amongst some circles religious ‘mapping’ has developed through expressions like: “Be care-ful, he’s Christian.” Upon seeing non-Muslim chil-dren, young children enrolled in Qur’anic courses will distance themselves and say: “You’re a non-Muslim, aren’t you?”

This great conference has also increased the ammunition of ustadz around Kalicode in speak-ing about the danger of secularism, pluralism and liberalism (including in women’s study groups of several mosques), even though religious conversion has no connection whatsoever to the secularism debate. For some ustadz, the event increased their ammunition to speak blasphemously about, and exaggerate the issue of Christianisation.

Nevertheless, Joko, a resident of the Kalicode area, said that if Muslims were uneasy about the

6. Conversion in Kalicode

brick of the church. It was laid by the Kendari may-or, Asrun, who was accompanied by the Puuwatu district head, the Punggolaka sub-district head, and the Church construction committee of Kend-ari (07/08/08).

One local, Muh Amin Tombili, said that the construction of places of worship had to abide by the 3 Ministers’ Joint Decree. This means that there must be a minimal of 90 people living in the area who adhere to the religion of the place of worship to be constructed. “Please, feel free to build it if the conditions stated in the Joint Decree, Chapter Iv, articles 13 and 14 on establishment of places of worship are fulfilled,” Amin Tombili said.

He admits that the construction committee had publicized their intentions to religious leaders and the local society on three separate occasions, but agreement had never been reached, and thus the

construction plan was deemed to conflict with society’s wishes. “We don’t want to hinder the construction of the church here, but we want the construction committee to have the support of the locals before the church is build,” Amin Tombili said.

All the locals had known was that the location for the construction of the church bore the sign “lot for sale”. Of course they were surprised to find a church was going to be built there, even though there were only about ten Christian families in the surrounding area. The head of the RT (neighbour-hood administrative unit), H Wahid, acknowledged that the socialization attempted by the construc-tion committee had never reached agreement, and thus the construction was protested. (www.antara.co.id, 07/08/08).



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Abu Bakar Ba’asyir, Amir (head) of the Indo-nesian Mujahideen Council (MMI), made a surprising decision to resign from the sya-

riah (Islamic law) oriented organisation on August 13, 2008. His resigned during the MMI AHWA (Advisory Board) meeting at the MMI office, Jl Ka-ranglo, Kotagede, Yogyakarta. His reason was that the organisational system was not in accordance with Islamic law, and tended to use secular frame-works.

As Ba’asyir claimed, right from the moment MMI was established in 2000 he had had issues with it, and had warned MMI to improve the sys-tem, yet he had been ignored. Ba’asyir saw MMI’s organisational structure as if it was a pagan organi-sation with leaders being entirely symbolic. In such organisations leaders have no authority whatsoever to make decisions that are entirely the opposite of those reached in meetings. “This kind leader-ship system does not exist in Islamic history. Islam is only familiar with the organisational system of jamaah wal imamah (a community lead by an ab-solute leader) which means an amir has complete authority to make decisions after deliberation with the advisory council, and the amir has the final say even if his decision is not popular with the advi-sory council. And all members, from those of the advisory council to those below must sami’na way-ang atha’na (listen and follow),” Ba’asyir said.

Ba’asyir had sent a letter of resignation on July 19, 2008 to the head office of MMI and several MMI branches in local areas. Ba’asyir himself said he was still prepared to work with MMI in rela-tion to matters of Islamic law. (www.solopos.co.id, 06/08/08).

In response, Irfan S Awwas, head of the MMI executive committee, said he was not worried. “His resignation will only allow new candidates to emerge,” he explained at the MMI office, Wednes-day (06/08/08). Further, Irfan said, Ba’asyir’s res-ignation would make it clear just who was loyal to MMI’s system, and who was not. “Clearly I am op-timistic, Abu Bakar’s resignation will have a posi-tive impact for the solidarity of our members,” he said.

Irfan denied the accusation that MMI was not implementing an Islamic system. MMI, he said, just did not accord with Ba’asyir’s interests. “Re-ally, it isn’t that it’s not in accord with Islamic law, but that it doesn’t suit his (Ba’asyir’s) inter-

ests,” he emphasised. Irfan asked that Islamic law not be seen through just one person’s perspective because Islamic law is quite broad (www.detik.com, 06/08/08).

Another surprising statement was made by Mohammad Thalib, who was elected as the MMI Amir to replace Ba’asyir for the 2008-2013 period in the Third MMI Congres, Saturday-Sunday (9-10/08/08), at the Mandala Bakti Wanitatama Building, Yogyakarta. Thalib believed Ba’asyir’s re-ligious ideology was not ahlus sunnah wa al-jamaah (of the Qur’an and hadith), but rather Shia and Ah-madiyah. The indications of this were Ba’asyir’s be-liefs that: first, an imam was an imam all his life and could not be replaced so long as he was able to lead his community. Second, an imam was not respon-sible to the people. If an imam used his power, the people had no right to question him or demand accountability. “This is Mirza Ghulam Ahmad’s doctrine,” Thalib explained.

Another example, in Ba’asyir’s understanding ulama are said to have received nur (light) from Al-lah and as a result cannot err. Deliberation thus cannot involve an imam. And of course, an imam does not have to adhere to the outcomes of such deliberations. “This a Shia belief,” Thalib said. Ba’asyir considered these comments to be a form of character assassination. “I’ve been accused of being a Shia, and an Ahmadiyah follower, but he’s not brave enough to say it to my face. My conclusion is that this is character assassination so that people don’t believe in me,” Ba’asyir explained. (GATRA magazine, 13/08/08, pp. 99-100).

New OrganizationAFTER formally exiting from MMI, Abu Ba-kar Ba’asyir will establish a new organisation in accordance with Islamic law. On Wednesday (06/08/08) in the Pesantren al-Mukmin complex, Ngruki, Solo, Central Java, Ba’asyir said that the organisation would be established with Muslim ac-tivists and disappointed former MMI members. It would be managed in accordance with the Proph-et’s (PBUH) demands, that is, its amir (most senior leader) would be the sole decision maker. “In ac-cordance with the Prophet’s (PBUH) sunnah, an or-ganisation must adhere to the concept of al-jamaah wal imamah. Members can contribute, but the sole decision maker is the amir. And all members must go with the decision,” Ba’asyir said.

7. Indonesian Mujahideen Council in Chaos

conversion, and if the reasons were economic, then it would be best if religious elites provided economic help or funding for society’s businesses.

Sermons and committing blaspheme against other religions would only lead to extended conflict.

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8. Pros and Cons to Planned Fatwa Forbidding Smoking

MUI has been urged to issue a fatwa for-bidding smoking. The head of the In-donesian Child Protection Commission

(KPAI), Seto Mulyadi (Kak Seto), approached the MUI office and asked that they issue the fatwa. The reason being that the fatwa would be crucial in protecting children from the dangers of smok-ing. “Kak Seto came here to ask for support. To ask that children’s rights be protected. And thus that children not smoke,” said Anwar Abbas, the MUI secretary, in the MUI office, Jl Proklamasi, No 51, Menteng, Central Jakarta, Tuesday (12/08/08).

However, so far this fatwa has not been issued. It is suspected that ulama are split between the pros and cons. “Personally, there are still a lot of ulama who smoke. In religious organisations there are also a lot of people who smoke,” said Tulus Abadi, Operational Manager and Litigation Team Coordi-nator of YLKI (Indonesian Consumers’ Advocacy Foundation), on Wednesday (13/08/08).

Cigarette producer PT HM Sampoerna Tbk ap-parently has no objection if MUI forbids children from smoking. “It’s not a discourse about totally banning smoking,” explained the Corporate Af-fairs Director of PT HM Sampoerna Tbk, Yos Gint-ing, on Wednesday (13/08/08). Yos expressed his agreement with MUI on the banning of smoking for children because it could ruin their future. “We do, in fact, support government efforts to legalise bans against children smoking,” he said.

Response from KiaiMUI’s plan received criticism from a number of kiai. One of them was KH Idris Marzuki, leader of Pondok Pesantren Lirboyo, Kediri, East Java. He opposed the fatwa on the grounds that there were still conflicting opinions amongst ulama. “There are more ulama who say children may smoke than those that don’t. This means there is no prohibi-tion at all to smoke, and it’s certainly not haram (forbidden),” Mbah Idris explained in the Ponpes Lirboyo complex on Thursday (14/08/08).

A number of kiai, for instance, believe that smok-ing ought to be avoided (makruh), while others had no problem with it. However there was not one who straight out forbid it. “The labeling of smok-ing as ‘makruh’ is because of the consideration that

smoking interferes with health. So, if possible, it is better that it be avoided,” he added.

This opinion, Mbah Idris believes, is men-tioned in the book Irsyadul Ikhwan by Syekh Ih-san bin Syekh Muhammad Dahlan from Pondok Pesantren Jampes, Kediri. The book examines the laws concerning drinking coffee and smoking. Be-cause of it, Mbah Idris emphasises he would not support MUI’s fatwa because it is based on differ-ent reasoning.

Mbah Idris also stated that he would not issue a ban on smoking for his 10,000 santri, except for his very young santri, for health reasons. “I will not ban Lirboyo santri from smoking because I, myself, smoke. al-Hamdulillah (praise be to God) I have had no health problems yet,” Mbah Idris said.

The communities of other big pesantren in East Java have also opposed MUI’s plan. “I am sure it will cause more mudarat (negative effects, ed.) than benefits if MUI responds to the smoking issue with a banning fatwa,” said KH Sholahuddin Wahid, the head of Ponpes Tebuireng, (14/08/08). These negative effects include interference with society’s economic needs. “Can you imagine how many hundreds of thousands of people would lose their jobs?” said this younger brother of Gus Dur.

Consequently, Gus Sholah suggested that MUI be wise in responding to the issue. “It would be really good if it was presented in the form of an appeal through the media. MUI could work with advertising agents to figure out how the message would be most effectively received by society,” said Gus Sholah, a non-smoker.

A similar opinion was voiced by KH Zainuddin Djazuli (Gus Din), head of Ponpes al-Falah, Ploso Kediri. “I’m sure it won’t be effective. It’s proven by the fact that many people still smoke, despite anti-smoking warnings everywhere,” he said. Gus Din even reminded MUI to look at the positive contribution of cigarettes to the nation. “Cigarette taxes contribute Rp 9 trillion per day to the state. This is the positive aspect of smoking,” he said.

Opposition was also voiced by cigarette busi-ness managers of the Consolidation of Cigarette Businesses (Gapero) of Kediri. Kasiati, executive officer` of Gapero Kediri asked MUI to first coor-dinate things with the government and businesses

He said that the organisation would be declared on the 17th day of this Ramadan, at the very latest. “At the moment we’re holding intensive meetings. The name is also being considered. Possibilities

are Jamaah Anshorullah, Jamaah Anshorussunah, Jamaah Muslimin Anshorullah, Jamaah Anshorut-tauhid, and so on,” Ba’asyir said. (www.detik.com, 06/08/08).



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because the fatwa would have consequences. It would cause millions of employees to lose their jobs as a result of cigarette companies closing down. “If the intention is to save the young generation, why don’t they make smoke free areas? MUI need not issue a fatwa of total ban,” he said.

Cigarette companies, he said, for the middle and lower classes were currently in a very bad situa-tion. From the original 160 managers consolidated in Gapero, only 20 were still in business. The rest

could no longer afford production costs after clove allotments from the government were stopped and cigarette revenue stamps were raised. In light of the significantly strong response, MUI eventu-ally revoked their plans to issue the fatwa banning smoking. (source: www.detik.com, Tuesday and Wednesday, 12 and 13/08/08, www.okezone.com, Wednesday, 13/08/08, www.antara.co.id, Thursday, 14/08/08, and www.seputarindonesia.com, Thurs-day, 14/08/08).

Islamic Defenders Front (FPI) violence under the pretext amar ma’ruf nahi munkar (enforc-ing good deeds, and fighting wrongdoings)

occurred yet again in Lamongan. This time La-mongan FPI held raids against alcohol sellers in the lead up to Ramadan. The raids had far reach-ing consequences. The Commander of the FPI Militia, Umar al-Farouq was arrested by police on Monday (11/08/08). The arrest was lead by the head of the Crime and Investigation Unit, Police Commissioner Agus I Supriyanto, and took place in al-Farouq’s wife’s house in Blimbing, Paciran, Lamongan.

Al-Farouq was taken directly to the police of-fice to give an explanation. However, as sunset approached, police still lacked the confidence to say he was involved. “Wait for the result of the questioning. We are still waiting to see whether he is an official suspect or not,” said Chief Police Commissioner Imam Sayuti, chief of Lamongan police station.

To date, the police apparatus had yet to take firm preventative action against FPI violence in the Muhammadiyah area of Lamongan, East Java, even though Lamongan FPI have been involved in frequent and blindly violent attacks for the last five years.

If the police were once seen as permissive to-wards FPI violence, Police Chief Imam Sayuti, who has held this position for less than one month, clearly wants to turn over a new leaf. When ques-tioned on the basis for al-Farouq’s arrest, this new Police Chief replied that it was based on victims’ reports of ill-treatment of others and disturbance of public order. “Based on legal regulations, any-one involved in criminal activity definitely has business with the police. So it’s clear, no matter who the person is, isn’t it?” he said.

In this instance, al-Farouq and associates stole a number of alcoholic drinks, and ill-treated peo-ple, for instance, by pouring tuak (kind of alco-holic drink) over tuak sellers. “So the arrest wasn’t based on reports from mass media. They only

provided support. Police arrests must be based on reports from victims and witnesses, as well as on evidence,” said the Police Chief.

Before the arrest, dozens of Lamongan FPI members participated in an alcoholic drink raid on Sunday (10/08/08). The raid was aimed at re-moving ‘illness’ from within society in the north beach region as a way of welcoming Ramadan. The operation was led by Zainal Anshori, head of Lamongan FPI, and Umar al-Farouq, commander of the FPI Militia.

When sweeping, Rizieq Shihab’s men, dressed completely in white, inspected a Dihatsu W 7574 FD. It contained eight jerry cans and one large barrel of tuak. After the car was forced to a stop, al-Farouq inspected the driver’s identity cards. The inspection revealed that the tuak owner was not the driver of the car. The owner was Rumadji (40), of Tegalbang village, Palang, Tuban. He was suspected of supplying tuak along the edge of the north coast by using passing cars.

After the inspection, the tuak was unloaded. Rumadji, the tuak owner, was asked to sit. Then, one by one, FPI members opened each jerry can and poured their contents over Rumadji. Rum-adji, father of two children, involuntarily wet him-self. He was then allowed to go home.

Pouring the tuak over Rumadji was just the beginning, said Zaenal Anshori. He promised to continue the raiding in the lead up to Ramadan. “It is aimed at making society peaceful in their fasting,” he said.

In a development in the case, Lamongan po-lice declared two FPI members, Yoyon (26) and al-Farouq (28), as suspects. The two were arrested early in the morning of Tuesday (12/08/08), in Brondong area, Paciran. Before being declared suspect, on Monday afternoon (11/08/08) they were also asked to give explanations to police. At the time they were secured in the Lamongan po-lice office. Agus Supriyanto believes Yoyon and al-Farouq’s actions will be punishable under the Criminal Code, article 170, on assault and de-

9. Head of Lamongan FPI Militia Arrested

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struction.Anshori, head of Lamongan FPI, confirmed

that two of their members, Yoyon and al-Farouq, had been officially named suspects by the police. FPI is now preparing a defense for the two. An-shori said that their actions were spontaneous, and aimed at welcoming the holy month of Ramadan. “So our intentions were holy,” he stressed (www.tempointeraktif.com, 12/08/08).

In response to the arrests, Rizieq Shihab, head of FPI, has expressed support for the two Lamon-gan FPI members throughout their legal process-ing. “All FPI and LPI activists are obliged to amar ma’ruf nahi munkar (enforce good deeds, and fight against wrongdoings). To not be evil and harsh, but

firm and direct. The alcohol raids in Lamongan are good, but pouring the alcohol over the old man was over reacting. It’s enough that those involved are processed legally,” Rizieq said in an SMS re-ceived by the media, Wednesday (13/08/08).

According to the head of the Department of Economy, Finance and Industry of FPI Headquar-ters, Mustafa M Bong, these Lamongan FPI mem-bers’ actions were not a reflection of FPI. “We have been hit hard by this instance. As a result, FPI gives support for those involved to be processed legally,” he added. Mastafa said that his party would expel anyone from FPI involved in sweeping. (www.oke-zone.com, 13/08/08).

Tests in reading the Qur’an for member of parliament candidates, which have drawn much controversy, have finally been im-

plemented. However, the grading system has not been applied rigidly. In fact, it has be enough for candidates to just read the Qur’an, even if they are not fluent or do not use correct pronunciation. Yarwin Adi Dharma, head of Nomination Work Group of the Aceh Independent Election Com-mission (KIP), said that the grading for the Qur’an reading test for member of parliament candidates for the coming 2009 general elections was not as rigid as it had been in the local elections. “But it is enough to see their ability to read, even if they aren’t fluent and don’t have correct pronuncia-tion,” he said in Banda Aceh, (21/08/08).

Previously, in a draft written by Aceh KIP on the guide to grading the Qur’an reading test, KIP applied a grading system based on the standard at the time of the selection of local leaders in Aceh, 2006. However, when the draft was submitted to the Aceh parliament (DPRA) in a consultation forum, DPRA said that KIP should review their grading system as detailed in the draft so that it accorded with Article 13 of Law Number 3/2008. The reason being that the grading system in the draft was too strict, and followed the grading sys-tem implemented in the 2006 local elections. This particular system graded areas including akhlak (character – polite and well-mannered), fashahah (fluency), and tajwid (correct pronunciation).

In Article 13 of Law No 3/2008 the grading system was not so rigid. Areas of grading included that the candidate be able to read, although did not necessarily have to be perfect in pronuncia-tion or other aspects, as was the case with the grad-

ing system of the 2006 local elections. Yarwin said that, following KIP’s decision, they had begun to investigate several competent parties to act as in-dependent grading teams. One such party was the Institute for the Establishment and Develop-ment of Qur’anic Recitation (LPPTQ). However, he said, after approaching the LPPTQ board, they were informed that the team could not be involved because they lacked personnel. “So we’ll investi-gate other independent teams,” he explained.

Yarwin admitted that KIP could not be involved in testing the ability of member of parliament can-didates in reading the Qur’an (1,386 candidates for DPRA), of either national or local parties. “Be-sides time constraints, there is the issue with the grading that doesn’t account for correct pronun-ciation. KIP will communicate further with the grading team on these issues,” he said.

Previously, Law No 3/2008, which obliged national and local party candidates to undergo a Qur’an reading test, raised controversy, both within DPRA and within board members of those political parties participating in the general elections. The Minister of Internal Affairs asked the government of Aceh to rescind Article 36 of this Law. It obliged national member of parlia-ment candidates to undergo a test in reading the Qur’an. The Minister wanted it revoked because it was deemed to contradict Law No 10/2008 on general elections.

However, the Minister of Internal Affairs only asked for consideration of Article 13 of this same Law, which obliged local member of parliament candidates to under go the test in reading the Qur’an. He asked for consideration and local policy from the Aceh government. Nevertheless,

10. Minister of Internal Affairs Asks that Article on Qur’an Reading Tests be Rescinded

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DPRA still continues to use Law No 3/2008 until a Presidential Regulation is issued to revoke Article 36. “For as long as there is no Presidential Regula-

tion, KIP will continue to refer to present laws,” Yarwin Adi Dharma said. (www.serambinews.com, Friday, 22/08/08).

11. Local Regulation on Religious Obligation in Cilegon Ineffective

The legalization of the local regulation No 1/2007 on Religious Obligation has ap-parently had little effect on increasing the

number of students in religious schools (madrasah diniyah) in Cilegon, Banten. In fact, several reli-gious schools in Cilegon have experienced up to 50% decrease in student numbers this academic year.

Arifudin, head of the al-Ittihadiyah Lingkun-gan Temuputih Religious School, Cilegon, said that the decrease in students was suspected to be a result of the synchronization of the teaching year of religious schools with general schools. This was one part of the local regulation on Religious Ob-ligation.

“Before, the curriculum of religious schools followed the Islamic calendar. But since the local regulation, they’ve been synchronized with general schools. So now all schools - religious, primary, ju-nior high, senior high – start at the same time. This has affected the load parents must carry, and so reli-gious schools are perhaps not a priority any more,”

Arif said, Friday (25/07/08). A similar thing was expressed by Baidowi, the human relations man-ager of the al-Jauharotunnaqiyah religious school. “We also don’t really know what’s caused the sud-den decrease, despite the fact that the government has already issued the local regulation on Religious Obligation,” he said.

Meanwhile, Badri Hasun, head of the section for Pesantren Religious Education and Islamic Edu-cation for Society and Mosque Empowerment of the Department of Religious Affairs office in Ci-legon, said that they would follow up on the case concerning the decreasing numbers of students in a number of religious schools. “We ourselves are confused. The local government of Cilegon has even issued the local regulation on Religious Obli-gation. There should be an increase in the number of students attending religious schools, not a de-crease,” Badrun said surprised. (source: www.radar-banten.com, Monday, 28/07/08, and www.banten.go.id, Monday, 28/07/08).

12. Islamic Press Draft of Law

A number of groups feel it is not so important that the draft of law on Islamic press and broadcasting, which is currently being dis-

cussed by the Aceh parliament and the Indonesian Broadcasting Commission (KPI), be made into a law. They reason that the preexisting laws on press and national broadcasting are sufficiently Islamic.

“I believe what is important at the moment is to figure out how current laws can be implement-ed properly,” said Safir SH, head of P3/SPS KPI Work Group of Aceh, during the public discussion on The Plusses and Minuses of Islamic Press and Broad-casting in the Aceh LSM Forum office, Tuesday (20/08/08).

Safir said that it was important that the broad-casting guide be discussed by DPRA and the Aceh government. However, he did not think it was so important that laws on Islamic press be legalized. “We must differentiate between the press and

broadcasting. The press refers to journalist report-ing, while broadcasting refers to Tv and radio sta-tions. Not everything shown on Tv or aired on radio involve the press,” Safir said.

Opinions voiced in the discussion stated that the draft of law on Islamic press and broadcasting being discussed by the Aceh executive and legisla-tive branches would only impede the democratic process of the press in implementing their field activities.

Maimun, from the Aceh branch of the Inde-pendent Journalist Alliance Institute (AJI), said that they did not agree with the Islamic press law because it would delay the democratic process of press employees. Besides that, he added, there was no crucial problem that necessitated the legalisa-tion of an Islamic press law. (www.serambinews.com, 21/08/08).

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13. Constitutional Court Rejects Examination of Religious Civil Law

The constitutional court rejected a request to examine Article 49 verse (1) of Law No 3, 2006, on Religious Civil Law. “The court

states that the request of the applicant is rejected in its entirety,” said Jimly Asshiddiqie, head of the judges’ council, when reading the ruling for case 19/PUU-vI/2008 on the matter of examining the Religious Civil Law, in the constitutional court building, Jakarta, Tuesday (12/08/08).

The constitutional court judges’ council was of the opinion that the applicant’s arguments did not accord with Indonesian national understandings regarding the relationship between religion and the state. “Indonesian is not a religious state, based solely on one specific religion,” said this former head of the constitutional court.

However, neither is Indonesia an entirely secu-lar country which pays no attention to religion and completely assigns religious affairs to the individual and society. Indonesia is a country that believes in the oneness of God, and that allows every religious adherent to practice his own religion, without ex-ception.

The rejection of the constitutional court judges’ council was considered by the applicant, Suryani, to be illogical and unfounded. It was not only him-self who felt the Religious Civil Laws contradicted the 1945 constitution, but many people, especially Muslims. Nevertheless, Suryani expressed his re-spect of the constitutional court’s decisions. “Be-cause every constitutional court decision is final, I have to accept this decision even though I am not satisfied,” he said.

If this decision is ever appealed, Suryani said he would be involved. “I still feel there’s something

propping up the constitutional court’s decision on religious civil law. Unfortunately, I don’t have the means to raise any objection,” he said.

He did not rule out the possibility of filing for a material examination of the same law in the future. However, it would of course be with more careful and detailed preparation and examination. Suryani then referred to the Qur’an which quite specifically regulates matters involving the life of Muslims. “If what is in the Qur’an can be applied to everyday life, it would be really good. What else does the civil law regulate? It’s redundant,” he said.

Suryani, a citizen of Serang, Banten, had previ-ously expressed his objection to a number of ar-ticles in the Religious Civil Law. He considered the articles conflicted with article 28e verse (1), article 28 i verse (1) and (2), article 29 verse (1) and (2) of the 1945 constitution. Suryani believes that Reli-gious Civil Law must also regulate criminal mat-ters, not only civilian matters.

According to the constitutional court’s judges’ council, article 49 verse (1) of the religious civil law did not in the slightest conflict with article 28e verse (1), article 28 i verse (1) and (2), and article 29 verse (2) of the 1945 constitution. “These ar-ticles of the Religious Civil Law do not at all lessen the right and freedom of the applicant to embrace religion, and to practice his religion,” said the judg-es’ council.

The applicant’s argument that the above men-tioned articles in the Religious Civil Law conflict with the 1945 constitution is not relevant for fur-ther consideration. (source: www.suarakarya-online.com, Wednesday, 13/08/08, and www.mahkamah-konstitusi.co.id, Wednesday, 13/08/08).

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1�


The Wahid Institute

AnalysisThe returning spread of issues concerning religious blasphemy is not a sign that religious communities care more about their religion, in fact it is indicative of the increasing nar-rowing of their religious insight. Cases of religious defamation are always accompanied by the anger of those who feel others are interfering with their faith. However, the cases brought to court are no more than matters of religious interpretation. What Ishaq Suhen-dra in Tasikmalaya and Dedi Mulyadi in Purwakarta experienced was purely a result of childish attitudes. Such childish attitudes are indicated by behaviour whereby one is easily angered and hurt, and end up accusing others of religious defamation. The main actors - groups who enjoy accusing others of religious blasphemy - have not changed. MUI at the local level continues to be a vocal point, and is supported by organizations like FPI. More disturbing is the involvement of NU, as in the case of Ishak Suhendra, at the very center of the conflict. NU ought to be a social power able to provide explanations from a Sufi

1.

Matrix of the Ramadan Raids 1429 H/2008 M

No Area Date Event Perpetrator victim1 Tirtonirmolo, Ka-

sihan, Bantul25 August 2008 Islamic Youth Militia (LPI) members

raided cock fighting and gambling areas and alcohol sellers

LPI members Those suspected of gambling on cock fighting and selling

alcohol2 Yogyakarta 27 August 2008 FPI Yogya participated in sweeping of the

city to clean it of immorality, alcohol sell-ers, gambling venues and ‘plus’ salons

FPI Yogya-karta

Owners of alcohol stores, gambling venues and ‘plus’

salons3 Maros, South Su-

lawesi1 August 2008 MUI Maros circulated a ban on opening

cafés during Ramadan, except in the late afternoon. violators would have their ca-

fés demolished by the civil police

MUI Maros and the

Maros civil service police

unit

Café owners

4 Kota Batu, Malang

13 August 2008 MUI Kota Batu sent a letter to the Mayor asking him to issue a circular limiting the operating hours of entertainment venues

and cafés

MUI Kota Batu

Owners of entertainment venues and food stalls

5 Kediri 14 August 2008 The disciplinary unit of Kediri police of-fice raided shops selling alcohol without

license

The disciplin-ary unit from Kediri police

office

Pracangan Shop owned by Anik Darwati of Grogol vil-

lage

6 Southeast Aceh 14 August 2008 Hasanuddin, the regent of Southeast Aceh asked district heads to support the eradica-

tion of immorality and to monitor cafés during the days of Ramadan. violators

would be arrested and whipped

Hasanud-din, regent

of Southeast Aceh

Owners of food and drink cafés

7 Palembang 12 August 2008 Palembang local government issued a circular to clopse entertainment venues

during Ramadan and to regulate the open-ing hours of restaurants, cafés and video

game cafés

Palembang government

Owners of entertainment venues, restaurants, and cafés

8 Balikpapan 14 August 2008 The Lembah Harapan Baru prostitution complex (LHB) in Balikpapan was closed

during Ramadan, from August 30 to September 4. If violated, it would be shut

down in accordance with the mayor’s decree

Mayor of Balikpapan and the Ba-

likpapan civil service police

unit

Owners of entertainment venues and restaurants

9 Cilegon, Banten 11 August 2008 Entertainment venues in Cilegon were forbidden to open during Ramadan in

accordance with the Cilegon mayor’s De-cree. violators would be firmly dealt with

by the civil police unit

Cilegon Mayor Tb Aat Syafa’at and the Cilegon civil service police unit

Owners of entertainment venues, restaurants, and self-

serve restaurants

10 Tangerang 4 September 2008 Ten cafés in Tangerang were sealed by Tangerang civil police for not abiding by

the Tangerang mayor’s circular

Tangerang Mayor Wa-hidin and Tangerang civil police

The owners of the 10 sealed cafés

The Wahid Institute 1�


The Wahid Institute

Article 156a of the Criminal Code is rather like rubber which can be pulled in any direction, or shaped to serve any purpose. Threats of religious blasphemy that refer to this article do not entirely fulfill the fundamental elements of the article. There is a strong impression that trials of religious blasphemy just fulfill the desire of the masses because cases of religious blasphemy always involve the masses. Thus the judges’ council must always act independently. Article 156a can not be allowed to become a tool used to threaten creativity of religious thought and interpretation.It is time for the Forum of Religious Harmony (FKUB), as an important exponent in processing licenses for places of worship, to support the maturation process of religious communities. FKUB, which has a presence in every region and receives funding from the local budget, should not busy itself with administrative issues, but must become involved in more substantive issues, namely establishing a religious style of life which is honest, truthful, and full of maturity.[]

1.

2.

Recommendations

Akhdiansyah (West Nusa Tenggara), Suhendy (West Java), Nur Kholik Ridwan (Central Java and Jogjakarta Special Region) Alamsyah M. Dja’far (Jakarta), Zainul

Hamdi (East Java), Syamsul Rijal (South Sulawesi)

perspective on what Ishak Suhendra was teaching, rather than an organisation who attacks people with formalistic Islamic jurisprudence which tends to be black and white in the way it views issues.The issue of establishing places of worship will always be problematic. Although there are already the Joint Regulations of the Minister of Internal Affairs and the Minister of Religious Affairs No 8 and 9, 2006, these regulations have not succeed-ed in resolving all problems associated with establishing places of worship. These problems cannot solely be seen as problems of administrative procedure. There is another dimension that cannot be resolved through administrative procedures. It is the issue of inter-religious relations, which are still highly steeped in an atmosphere of hatred and mutual suspicion, rather than nurtured through honesty and belief in each other. Indeed, places of worship are connected to religious propagation, however if there is honesty, truthfulness and mutual belief then the issues can easily be resolved.The constitutional court’s rejection for a judicial review of Law No 3, 2006, which was aimed at adding (Islamic) criminal law to Religious Civil Law is quite reliev-ing. If this judicial review was accepted, Islamic law would be valid in Indonesia through religious civil laws. Does this rejection mean efforts to implement Islamic criminal law in Indonesia are over? No! There is still room for “infiltration” of Islamic criminal law through several channels, for instance through revisions of the Criminal Code. The question then emerges, how do we interpret the effort to insert Islamic criminal law into Indonesian law? The reality suggests that the desire to insert Islamic criminal law into national law is not just an unfounded rumor. The constitutional court’s decision can ensure that Islamic criminal law cannot be applied outright in Indonesia. Islamic criminal law can only be an inspiration in the formulation of criminal law.

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synopsis i the evil spirit of religious blasphemy. accusations of religious blasphemy now a threat...

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