Ulemas concerned over youth court bill

JAKARTA (JP): The influential Indonesian Council of Ulemas (MUI) warned the House of Representatives and the government of possible conflicts arising from the deliberation of the contentious bill on juvenile court.

The council said the government-sponsored bill, submitted to the House by Minister of Justice Oetojo Oesman in March, contains elements which are potentially polarizing such as the adoption of a child from one religion by adults of other faiths.

Chairman Hasan Basri told a hearing with the Golkar faction members that the bill, if passed into law, may threaten national unity.

He pointed out that the bill also strives to regulate some affairs which are already regulated by existing laws, including those on Islamic courts, marriage, and legal compilation.

In fact, the bill's ruling on issues such as the custody of Moslem children runs counter to existing laws, he said, adding that it has become a source of concern to Moslems.

In addition, if the bill was approved, there would be overlapping of rulings, he said.

The council asked the government to take measures to improve the document's content. "We ask that the government graciously withdraw it and make necessary corrections," he said.

Council spokesman Bustanul Arifin, who is also head of the team established by the council to study the bill, echoed Chairman Hasan Basri's remarks when he told the meeting that the bill's rulings on adoption are "dangerous" to national unity.

He identified a number of articles on adoption which he said may cause conflicts between religious groups. The articles are flawed because they do not give clear definitions about adoption, and because they strive to approve adoption of children by adults of any faith.

"It means Moslem children can be adopted by non-Moslem parents or Moslem parents can adopt non-Moslem children," he said. He pointed out that these particular articles are the greatest source of worry for Moslems.

He also stressed that Islam does not recognize the concept of adoption as it is generally and legally known, because it "cuts the bond of children with their biological parents, something which is rejected by Islam".

Islam has its own ruling about "adoption", in the sense that Moslem adults can take neglected children or orphans into their homes and rear them, while letting them maintain relations with their biological parents, he said.

Golkar faction chairman Moestahid Astari promised the ulemas that the faction would discuss the council's views with the government. "The council's concerns are ours, too," he said.

Separately, Ismu Saputro from the Armed Forces (ABRI) faction told The Jakarta Post there is the possibility that the bill would not be passed this year.

Ismu, who is also a member of a special committee entrusted with the deliberation of the bill, said it would take the House a longer time than usual to discuss the controversial issues in the bill.

"It would probably be passed after the general election in 1997 or even in 1998," he said. (01)