127
and intolerant – such as occurred in Bekasi and West Java in general, but also contrary to the prototype of Pancasila State.
3. Freedom of religious belief is Sacrified
he basic analytical question that should be asked because of the rampant of Perda and other regulations with Syaria nuanced in
West Java and also in other places in Indonesia is: what is the motive behind those some Islamic-nuanced regulations? he best answer
is politicization – and also the accumulation of political fee, not the promotion of that Syaria itself.
It was at least corroborated by analysis and research Michael Buehler.
143
he research of Buehler talks sharia showing that the politicians which ailiating with the secular party – and have long
career in bureaucracy – such as Golkar and PDI Perjuangan, including Indonesian Military TNI and Police of Indonesian Republic, which
drafting, adopting, and implementing perdas and sharia regulation. In the le level of local representative board DPRD in all of provinces,
the most industrious adopt syaria perda is faction of Golkar and PDIP – just except in Aceh.
144
In more detail, Buehler founds a constant relative method in drafting the regulation with sharia nunced in the level of regentcycity
government. Golkar, which was victorious in 2004, won with majority vote in the discussion of perda sharia draft in 4 four regencies won
supported by the other factions in 10 ten regencies. So did PDIP. It was supported by other factions. PDIP won the election of 1999, ight
for syharia perda implementation in 8 eight regencies. he two Islamic parties, National Mandate Party PAN and United Development
to make Bekasi becomes the Syaria City. See http:www.sabili.co.idindonesia- kitakongres-umat-islam-bekasi-jadikan-bekasi-kota-syariah, accessed on
December 14, 2012 143 A Professor of Political Science in University of Northern Illinois, he doing a
long research about Syaria rule in Indonesia, since 1999 until 2009. 144 Buehler, 2011, “Partainya Sekuler, Aturannya Syariah”,
Majalah Tempo, Edisi 4 September 2011, page 74-75.
128
Party PPP, scooped the most votes in Election of 2004 in 7 seven regencies, and in that places, those parties was succeed in drafting some
Perda Sharia in the period 2004-2009. Meanwhile, the Prosperous Justice Party, which is considered as the most representing political
Islam, did not have majority vote in majority even in one Regional Parliament – which implementing Perda Sharia. he brief said, secular
parties also dominate the Regional Parliament of regencycity in issuing Islamic regulations.
145
How is background and partial ailiation of regional heads that Perda Sharia? From 63 of regional heads which signing and
implementing at least one Perda Sharia since 1999 until 2009, 37 of them are bureaucrats which ailiated to Golkar. he 8 others are
former oicers of TNI and Polri. Another 3 three are the members of PPP, and one of them is a member of PAN. So, almost 60 percent
of Regional Head which drafting Perda Sharia is bureaucrat that has relation to secular Golkar.
Why do elites in some regions ailiates to secular party in several area provinces supporting publishment of like this kind regulation?
here are two analysis founded by Buehler.
146
First, combination of old fragment and new political dynamic has supported secular politicians
to issuing Perda Sharia. Government in the past has stopping rebellion of Darul Islam also PRRI Permesta quickly in the 1950s, but the
Islamist networks that are formed during the uprising still awake. he coercive character of Soeharto regime suppressed this network becoming
underground movement, for three decades. Political openness since 1998 make-fragments of Islamist network in the area resurfaced and
got a space and new political means.
Second, implementation of regional heads and legislative elections in the region, have created new imperatives for the elite “old” New
Order. he ight to be the head area, for example, requires maintenance of network in the region continuously, making the political process
being expensive. Meanwhile the political parties have not enough fund
145 Ibid.
146 Ibid.
129
and means to support the candidate in process. Most of today’s political parties have no constituents in the region. hey just mobilize the
masses during the campaign season. hose parties are impoverished, so it can not help the candidate in fulilling the inancial needs to joining
political contestation. In fact, to some extent, they also become “sapi perah” of political parties.
his situation pushed the politicians to ind alternative sources towards the power, that is base that capable to supplying political
infrastructure, such as campaign team and access to the voters. he “personalization” of politics inally occurred in local level, where the
politician relying on the private network inluence. hat personalization form is completely appearing in the provinces which have strong Islamic
network. he politician is expected to accommodate the Islamist group’s interests through ighting for the implementation of Perda Sharia as the
reward of their political endorsement during the election.
In the province of West Java, the igure of Golkar used the Islamist network which have link to the igure of Darul Islam, Panji Gumilang.
It’s occurred in every moment of election since 1999. he same happened in South Sulawesi. Some of Golkar igures, including the
governor and also the Chairman of DPP Golkar, Syahrul Yasin Limpo, have had persuaded the Implementation Committee of Sharia Islam
to be a main organization for the ex-ighters of Darul Islam which established in 2000.
Besides that, Buehler said:
“he implementation of Perda Sharia contributes to open a media for politician to accumulate the needing fund, and open a space
of Region’s Heads also to spend their time in club for having entertainment. Road to the apparent enjoyment is founded in
business world have opening the new paths to be passed by the local oicials. Some of Perda Sharia created a de-facto monopoly
on alcohol distribution. More than 20 regencies have implementing perda of zakat collecting. he Regions’ Heads get a power which
130
almost unlimited in the context of division of religious “charity”.”
147
he decision, referring to the research of Buehler, most of Perda Sharia was implemented by political adventure which ailiating to
secular parties, in the context of new environment of more competitive local politic. Second, Perda Sharia is actually becoming the “transaction
tools” of political elites to give political logrolling or to accumulate the new political resources – including the inancial resources.
Meantime, those Perda Sharia are already sacriicing the freedom of religious belief and discriminating some of religious minority groups,
and also gender. Because, the regulations with sharia nuanced gave ocean breeze also the authority to the local government to do repression
on them. Even, those perda also provoke the “active participation” of Islamist groups, such as FPI, to do intimidation and anarchy on the
groups which considered not “syar’i” – as oftenly happened as in some regions in West Java.
4. Remove Immediately: Moderat Ways
