Factions down on 'syariah', muted on TNI

JAKARTA (JP): The People's Consultative Assembly's major factions showed strong resistance on Thursday to the proposed inclusion of syariah Islamic law in the 1945 Constitution but were less certain about expelling the military and police from the Assembly.

The Indonesian Democratic Party of Struggle (PDI Perjuangan) faction, asserted that Article 29 of the Constitution on religious affairs should be maintained and that there was no need to add the phrase kewajiban menjalankan syariah Islam bagi para pemeluknya (an obligation for Muslims to comply with Islamic law) to it.

The largest faction in the Assembly described the article as fundamental to maintaining pluralism in the country.

"We call on all parties, both in the Assembly and in the Indonesian nation, to jointly preserve the foundations of the nation. Let us maintain Article 29 of the Constitution in its original form," the faction said in a speech read by Yoseph Umarhadi.

The 11 factions were giving their responses on Thursday to proposals presented by MPR ad hoc committees.

Article 29 stipulates that the state shall be based on belief in one supreme God.

It also guarantees every citizen the freedom to adhere to their religion or faith and perform their religious duties.

In commenting on the role of the military and police, PDI Perjuangan simply said the country needed a professional and effective army and police.

It refrained from commenting on growing demands that the Indonesian Military (TNI) and National Police (Polri) vacate their 38 seats in the Assembly.

"The draft decree on the role of the TNI and National Police needs further discussion," the faction noted.

The draft amendment to the Constitution's article on the composition of the Assembly says the legislative body should include "certain interest groups" who, because of their duties and tasks, should not have voting rights. Many have interpreted the article as allowing TNI/Polri a role in the Assembly.

On the religious amendment, the Golkar faction said: "Our state is based on one God almighty. This shows that Indonesia is neither a secular state nor one based on religion".

"Indonesia is a state where all religions can live together in harmony and respect each other, and where they are protected by the law," faction spokesman Hajriyanto Y. Thohari said.

Golkar praised the military's decision to abandon politics, and urged the Assembly to find a solution to the debate on the military presence in legislative bodies.

"Our next problem is how to accommodate and guarantee the representation of the TNI/National Police in the MPR, as they can not use their right to vote," it said.

The United Development Party (PPP) faction along with some other small Muslim-based parties proposed the inclusion of Islamic law in the Constitution.

"It is baseless if certain people regard the adoption of the obligation to carry out Islamic law in the 1945 Constitution as a disaster for the nation," the faction said.

On the military, it said: "PPP faction is of the opinion that in developing democracy and in line with the nation's political maturity, TNI/Polri should not exercise their right to vote and be elected."

The Crescent Star Party faction supported the amendment to Article 29, saying that the additional seven words to the article served to elaborate the 1945 Constitution stipulation on religion.

In its speech read by Hamdan Zoelva, the faction said that as Indonesia was a predominantly Muslim country it would be better if Muslims truly carried out their religious duties.

The amendment of the article could be a solution to the moral degradation that is plaguing the country, it said.

"The seven words are not meant to force followers of other religions to comply with Islamic law nor to undermine people with different faiths.

"Islamic law guarantees the freedom of people to differ in faiths," it said.

On Army/Police representation at the Assembly, the faction said it supported the gradual withdrawal of the institutions from the Assembly.

The Reform faction did not elaborate its stance on religion, only saying that the article on religion should be maintained and strengthened.

The faction also stated that all Assembly members should be elected by the people, thereby eliminating appointed members and interest group factions.

"That also goes for the House of Representative. We think that all House members must be elected through direct elections," said faction speaker Zirlyrosa Jamil.

The TNI/Polri faction did not directly touch on its presence in the Assembly, saying: " The military and the police will be neutral and not involved in any political practices. All TNI/Polri members will not exercise their right to vote or to be elected," faction speaker Budi Harsono said.

Outside the Assembly hall, opposition against the proposed amendment to Article 29 of the Constitution could also be found. Leading Muslim organizations, including Nahdlatul Ulama (NU) and Muhammadiyah, said that the proposal was a setback and could lead to national disintegration.

Noted Muslim scholar Nurcholish Madjid, NU chairman Hasyim Muzadi and his Muhammadiyah counterpart Syafi'ie Ma'arief said at a joint media conference:

"We reject the plan. Such an obligation to abide by Islamic law is down to the Muslim individual, not public institutions or the state. Furthermore, the state has no right to stipulate to society on how it must carry out its beliefs," Hasyim said.

Another Muslim scholar, Masdar Farid Masudi, said that the inclusion of Islamic law in the Constitution could lead to state intervention into people's religious freedom.

"Islamic teachings should serve as the source of inspiration when running the state, instead of inspiring some political parties to pursue their temporary interests," Masdar said. (team)