Islam, Social, and Transitional Justice
in conjunction with th the 7 International Conference on Aceh and Indian Ocean Studies Universitas Islam Negeri Ar-Raniry & ICAIOS 8-9 August 2018
BOOK of ABSTRACTS
Islam, Social, and Transitional Justice “Towards Sustainable Peace in Regional and Global Contexts”
Organizers Co-Organizers Partners Ar-Raniry State Islamic International Center for Aceh and Indian Ocean Studies Malikussaleh University Syiah Kuala University Government of Aceh University of Indonesia International Islamic University Malaysia Asia Pacific International Research Forum Lembaga Administrasi Negara
BOOK of ABSTRACTS
Islam, Social, and Transitional Justice
“Toward Sustainable Peace in Regional and Global Contexts” nd Banda Aceh, Indonesiath
In conjunction with
the 7 International Conference on Aceh and Indian Ocean Studies
Universitas Islam Negeri Ar-Raniry & ICAIOS 8-9 August 2018
Cover image: “e Aceh Tsunami Museum Building” Banda Aceh, Indonesia
Photo credit: Dinokl (2012), Wikipedia.orgGREETING FROM UIN AR-RANIRY
Assalamu’alaikum Warahmatullah wa Barakatuh Puja dan puji syukur al-hamdulillah hanya pantas kita ucapkan kepada Allah Subhanahu wa Ta’ala; Salawat beserta salam semoga terlimpahkan kepada Nabi Muhammad Sallallah ‘alayh wa Ālihi wa sallam. Atas nama keluarga besar Universitas Islam Negeri Ar-Raniry Banda Aceh, saya mengucapkan selamat datang dan ribuan terima kasih kepada para peneliti nasional maupun internasional yang akan membagi ilmu pengetahuan, pengalaman dan wawasannya di dalam acara the 2nd Ar-Raniry International Conference on Islamic Studies dan International Conference on Aceh and Indian Ocean Studies, khususnya kepada Prof. Eko Prasodjo dari Universitas Indonesia, Prof. Farid Sufian Shuaib dari International Islamic University Malaysia yang sudah bersedia menjadi keynote speaker pada pagelaran akademik dua tahunan ini.
Peradaban Islam dengan segala sisinya dewasa ini semakin mendapatkan tantangan yang sangat kompleks. Kompleksitas tantangan ini tidak hanya dalam dimensi nasional dan regional, akan tetapi juga internasional. Tidak hanya dalam bidang politik, akan tetapi juga bidang-bidang lain seperti pendidikan, ekonomi, sosial, bahkan sains dan teknologi. Oleh sebab itu, diperlukan kesadaran komunal di kalangan internal umat Islam serta upaya-upaya pencarian solusi strategis dalam menghadapi tantangan-tantangan baru yang senantiasa bergerak dinamis dan progresif. Dalam konteks inilah acara konferensi internasional perpaduan ARICIS dan ICAIOS tentang ilmu-ilmu sosial dan keislaman berikut menjadi krusial, sebab akan menjadi salah satu wahana ilmiah dan akademis dalam memetakan problematika sekaligus tantangan yang dihadapi umat Islam kontemporer.
Pada akhirnya saya mengajak kita semua, para insan akademis, untuk mengikuti seluruh rangkaian kegiatan ARICIS II- ICAIOS VII ini dengan baik dan serius sebagai bagian dari jihad intelektual. Mari kita catat dan kita rangkai kajian-
Abstracts – ARICIS II & ICAIOS VII, UIN Ar-Raniry | i kajian serius menjadi bahan untuk melakukan penelitian-penelitian lanjutan sehingga akan berdaya guna dalam rangka membangkitkan kembali kemajuan peradaban Islam sebagaimana dicatat dengan apik dalam lembaran-lembaran sejarah peradaban di dunia.
Demikian pengantar dari saya. Semoga acara ARICIS II-ICAIOS VII UIN Ar- Raniry sebagai perhelatan ilmiah ini dapat memberikan kontribusi positif dan dapat dilaksanakan secara berkelanjutan di masa-masa mendatang.
Wassalamu’alaikum Warahmatullah wa Barakatuh
Prof. Dr. Warul Walidin AK, MA
Rector of UIN Ar-Raniry
About:
The Province of Aceh has experienced two tremendous catastrophes, which then become the historical narrative for the Acehnese society, and the international community. The history of Aceh marks with a long-standing of conflict starting from the 1950s to 2005 when the peace was agreed in Helsinki. The long- protracted conflict in Aceh between the Free Aceh Movement and the Government of Indonesia from 1976 to 1998 has caused severe impacts and setbacks for the development of Aceh. However, the retraction of the Military Operation Zone in Aceh by General Wiranto in 1998 has not automatically solved all complexities and problems of the Acehnese society. It is an obvious fact that while the Military Operation Zone has been lifted in 1998, problems in politics, economics, and social-culture of the Acehnese societies remain completely unresolved, and many parties believe that there are many other untraceable social issues produced during the conflict in Aceh remain invisible.
The tsunami catastrophe, which has taken hundreds of lives, also becomes a popular narrative not only among Acehnese locally but also among national and international communities. This natural disaster has encouraged international communities to help Aceh in the process of rehabilitation and reconstruction. The tsunami has also forced the conflicting parties in Aceh, between the Central government of Indonesia, and the Aceh Free Movement to settle their problems through peace agreement. The peace agreement signed on August 2005 marked a new beginning in the life of the Acehnese. Since then economic development in Aceh is progressing. Investment and also big and/or small businesses are booming in the province. The quality of education is also improving. In regard with political issue, the Aceh province has been privilege to have its own political parties, which give more democratic contestation in public election. The best thing of all is that there has been a sense of security and peace within the Acehnese societies.
However, this peaceful condition should be sustained to guarantee a more civilized life in the Acehnese society. To do this, all parties in Aceh should collaborate to give insights in finding more positive strategies to sustain and maintain peace in the province. It is for this reason also, the International Centre for Aceh and Indian Ocean Studies in conjunction with the Ar-Raniry State
Abstracts – ARICIS II & ICAIOS VII, UIN Ar-Raniry | i Islamic University run an International Conference on Islamic and Social Studies as the attempt to gather scholars from multidisciplinary backgrounds in one academic forum to discuss issues on sustainable peace through religious, social, cultural, political, economic and educational stand points.
KEYNOTE ADDRESS 1 Venue: UIN Ar-Raniry Auditorium ––––––––––– |
Non-Western Public Administration to Compensate Institutional Deficiencies of Westernized Government Prof. Eko Prasojo
Universitas Indonesia, Indonesia Abstract
Governments across the world have attempted isomorphic motions towards a globally perceived model of public administration yet they are specifically closer to the Anglo-American type. Not only do these governments need a sort of international experiences and standards in order to face wicked problems in public sector beyond administrative boundaries of nation-states, some of them have also inherited practical administrative systems from their previous colonial masters. In this situation, there have been institutional gaps between actual practices of imitative public administration of those countries and genuine type of western countries perceived as the reference due to differences in cultural foundations and historically rooted institutional settings. This issue closely deals with intergovernmental relations at different level from central to province governments, substantive aspects within bureaucracy reform policies, especially in a focus of public accountability mechanism, imposed by the central government, and actor relations in local development. Change—not necessarily equivalent to the term of public—of administrative reform in a third world country is not necessarily a continuous development effort in order to find a form of government institutional style that fits the typical values of the context of those countries. Rather, it seems to be an exploitation of local values of the country-specific context as compensation for institutional deficiency in the westernized public administration features.
Abstracts – ARICIS II & ICAIOS VII, UIN Ar-Raniry | 1 KEYNOTE ADDRESS 2 Venue: UIN Ar-Raniry Auditorium ––––––––––– |
Using Legal Tools in Achieving Social Justice and Peace: A Look at the Experience of Malaysia Prof. Farid Sufian Shuaib
International Islamic University Malaysia (IIUM), Malaysia Abstract
Social justice is distribution of society’s advantages and disadvantages. It is the sharing of burdens and opportunities of members in a community. It requires consideration of resource equity, fairness and eradication of social oppression. The government may adopt social, political and legal initiatives in achieving social justice. Before and after the independence, Malaya was faced with guerrilla war fought against, among others, the Malayan Communist Party. There were also tensions between the difference races – particularly between the indigenous Malay and the then immigrant community of Chinese and Indian - caused primarily by the divide and rule policy of the colonial British. Faced with these challenges, the constitution for the newly independent Malaya have incorporated several provisions to ensure peaceful co-existence of the various races and followed by enactment of several laws. The creation of a larger federation with the inclusion of Sabah, Sarawak and Singapore brought its own challenges to peace and resource sharing and thus requires further refinement of the law. Recently, with the conclusion of the 14th general election in Malaysia, a new coalition of political parties took power, which is the first time since the independence. The new coalition, Pakatan Harapan, departed from the traditional racial power sharing formula adopted by Barisan Nasional. Some of the policies of the new government with regard to social justice are different from the old. This paper seeks to look at the legal instruments used to achieve peace, public order and social justice. Others probably could consider the experiences of Malaysia in working towards social justice and peace in the regional and global contexts.
INVITED SPEAKERS 1.1 Venue: UIN Ar-Raniry Auditorium –––––––––––
|Panel Chair: T. Zulfikar
The Indian Dimension of Aceh and Sumatra History
Anthony Reid Australia National University, Australia; ICAIOS, Indonesia Abstract
Indonesia’s maritime boundary with India, lying barely 100km from where we stand in Banda Aceh, appears today to be the one we hear least about, across which the traffic is close to non-existent. Yet not only do the Nicobar and Andaman Islands form a geological continuum with NW Sumatra and its offshore islands, as the tectonic plate subduction that has caused such suffering to both; India was also the most important commercial partner and cultural influence on Aceh for most of recorded history before the 20th century. This paper will examine what this connection meant historically for Aceh, and why it has fallen strangely silent today.
INVITED SPEAKERS 1.2 Venue: UIN Ar-Raniry Auditorium –––––––––––
|Islamic Moderatism: Paving the Path to Build Better Ummah in Indonesia
Yusny Saby Universitas Islam Negeri Ar-Raniry, Indonesia
Abstracts – ARICIS II & ICAIOS VII, UIN Ar-Raniry | 3
FEATURED SPEAKER 1.1 Venue: UIN Ar-Raniry Auditorium ––––––––––
|Panel Chair: Suraiya IT
Peace Generations—Towards Collaborative Methods for Sustainable Peace
1
2 1 Marjaana Jauhola & Zubaidah Djohar 2 Academy of Finland Fellow, University of Helsinki, Finland
Poet & activist, Indonesia
Abstract
In this paper we ask, what new methodologies for sustainable peace, we can learn from a collaborative process where poems ”Building A Boat in Paradise” by Zubaidah Djohar are brought together with ethnographic short documentaries ”Scraps of Hope” of Marjaana Jauhola. We explore the process of collaborative life historical research in 2015, screenings and poetry readings and discussions that were organised in the province of Aceh in Indonesia and at the Art Museum of the city of Vantaa in 2018 where the peace for Aceh was negotiated thirteen years ago, and workshops organised with students at two Acehnese universities,. In this paper we make the argument that ethics of care approach is needed to strengthen of peace in Aceh. Not only is it useful to minimize the new dynamics that arise in the midst of peace, but also able to provide a more conducive, persuasive and educative alternative strategy especially for the younger generation. By providing creative writing classes, which are aimed at becoming a space of recovery (catharsis), providing introduction to history, as well as encouraging students to take a role in peace when this is completed.
FEATURED SPEAKERS 1.2 Venue: UIN Ar-Raniry Auditorium –––––––––
|
Islam and Social Justice Philanthropy in the Era
of “Conservative Turn” Amelia Fauziah ARI-NUS, Singapore AbstractThe discourse of social justice is growing in various fields, including philanthropy that gives impact to the sector. The movement of effective giving—which accentuates philanthropy from charity—later has incorporated this discourse to the development of social justice philanthropy implemented by big US foundations. Scholars and practitioners define social justice philanthropy as the practice of philanthropy that mainly focuses on eliminating the root causes of poverty and social injustice. Additional practices of social justice philanthropy are the implementation of long-term empowerment programs, implementation of non-discriminatory and inclusive humanitarian approaches, and the practice of transparent and accountable management. While bringing this discourse from the US context into the development of philanthropy in Islamized Indonesia, this talk examines whether practices of social justice philanthropy have developed in Indonesia, especially in the contemporary period of which scholars view Islam having a “conservative turn.” This talk seeks an explanation onto the inquiry why this discourse could not find a strong footing in the practice of Islamic philanthropy that is rapidly progressing.
Abstracts – ARICIS II & ICAIOS VII, UIN Ar-Raniry | 5
INVITED SPEAKERS 2.1 Venue: UIN Ar-Raniry Auditorium –––––––––––
|Panel Chair: Saiful Akmal
Peace and Compassion
Johan Weintré International Indonesian Forum for Asian Studies (IIFAS), Indonesia Abstract
As history has shown, there have been moments when tremendous successful steps were made to achieve peace. The price to keep peace, is keep on working to maintain the momentum, and prevent slipping back to less helpful elements of tradition. True respect of the individual, freedom of speech, enterprising minds, combined with mutual understanding and compassion, are some of the elements that mark a society that can generate prosperity and peace while sharing the common good. A pleasing effect of inclusive collective action and active participation are a high chance of prosperity for all in society. In such conditions it is likely that fear of appearing overlords and terror or anxiety diminishes, at virtually no cost. Historical moments in time existed when the consideration for “the other” or human compassion were extensive, combined with genuine respect, regardless of tradition or spiritual consideration. In this current era, we have noted instances where humanistic behavior has been partially lost. This social loss has diminished the common prosperity and worthy to be mended. In this presentation I wish to raise some reference points, from which we could considered to shed a new light on peace building capacity and creating true community fellowship with far reaching regional impacts. Especially as were are not thinking only in terms of local national achievements, but it terms of communities in large geographical regions such as the ASEAN Economic Community or the Gulf States, the Pacific and Asian region and the European Union. In this process of regional stability, it is paramount the young generation is involved and leading education is engaged to provide ‘out of the box” inspiration for prosperity of all communities regardless of origins or persuasion. In this presentation examples of inspiration are raised that are earmarked for positive community welfare outcome. This cannot be achieved by civil society on its own, but needs the input of government and institutions that are able to nudge social engineered changes. Ideas of what can be best shared together, those can be planted. There are currently several modest efforts on the way in the Gulf area, Asia and in Western societies, to prepare for a society “wired up” for a better understanding for inclusive harmony and prosperity. With the social capital dynamics of culture and nudging “good deeds” into a harmonious process, a peaceful society can be in reach.
INVITED SPEAKERS 2.2 Venue: UIN Ar-Raniry Auditorium –––––––––––
|Islam dalam Persimpangan Nalar Kedamaian dan Kekerasan
Aksin Wijaya Institut Agama Islam Negeri Ponorogo, Indonesia Abstract
Al-Qur’an menegaskan Islam adalah agama yang mengajarkan kedamaian. Akan tetapi, jika melihat realitas kehidupan manusia saat ini, konsep Islam kedamaian itu mulai dipertanyakan otentisitas dan fungsinya dalam menciptakan kedamaian. Bukan hanya oleh orang-orang Barat yang selama ini menjadi korban kekerasan sebagian kecil orang-orang Islam, tetapi juga oleh orang-orang Islam sendiri sebagai penganutnya (Muslim). Sebab, kini mulai bermunculan gerakan Islam radikal yang melegalkan kekerasan, baik kekerasan wacana seperti menuduh sesat pihak lain, maupun kekerasan fisik seperti pemukulan, pengrusakan dan pembunuhan terhadap pihak lain dengan mengatasnamakan agama dan Tuhan. Seolah kekerasan menjadi bagian dari agama dan perintah Tuhan. Selain menjustifikasi tindakannya dengan menggunakan al-Qur’an dan hadis dengan jargon “amar makruf nahi mungkar”, mereka juga menggunakan ungkapan suci yang biasa diucapkan di dalam ibadah shalat, “Allahu Akbar” dalam melakukan kekerasan. Pertanyaannya, mengapa mereka merasa absah melakukan tindakan kekerasan dengan mengatasnamakan Agama dan Tuhan? Apa sejatinya yang kita lakukan untuk mendeligitimasinya, sembari mengambalikan Islam pada khitthahnya sebagai ajaran yang membawa dan menciptakan kedamaian? Untuk menjawab kedua masalah ini, akan dilacak genealogi nalar kekerasan yang mengatasnamakan agama dan Tuhan.
INVITED SPEAKERS 2.3 Venue: UIN Ar-Raniry Auditorium –––––––––––
|Buying Peace? The Political Economy of Power-Sharing
Felix Haaß GIGA German Institute of Global and Area Studies, Germany Abstract
Using a power-sharing arrangement to integrate insurgents into a country’s political system, either by granting them government cabinet posts or greater territorial autonomy, has become an increasingly common method by which to
Abstracts – ARICIS II & ICAIOS VII, UIN Ar-Raniry | 7 pacify violent conflicts. However, power-sharing reinforces patterns of corruption and patronage, which are detrimental to sustainable peace and development in the long run. This is especially problematic as some of this corrupt behavior is fueled by official development assistance.
FEATURED SPEAKER 2.1 Venue: UIN Ar-Raniry Auditorium –––––––––– |
Panel Chair: Anton Widyanto
Intersectionality of Religion and Social Identity:
The Chinese Descent Community in BandaAceh
Eka Sri Mulyani Universitas Islam Negeri Ar-Raniry, Indonesia FEATURED SPEAKER 2.2 Venue: UIN Ar-Raniry Auditorium ––––––––––
|
Looking from Within: Understanding Indonesian Education Through Socio-Cultural Perspective
T. Zulfikar Universitas Islam Negeri Ar-Raniry, Indonesia Abstract
Many Indonesian scholars (Azra, 2002; Darmaningtyas, 2004; Yunus, 2004), have attempted to bring progressive education to their country. They believe that progressive practices such as critical thinking, critical dialogue and child- centered instruction will help students learn better. However, this implementation is resisted because of cultural constraints and different philosophical beliefs, from which Indonesian education is historically based. In Indonesia, rote learning and teacher-centered classrooms, for instance, are still seen by some as appropriate. This article examines this tension between progressive and traditional Indonesian educational philosophies. It focuses particularly on child-centered instruction (CCI), and discusses the likelihood of its implementation in the Indonesian educational context.
FEATURED SPEAKER 2.3 Venue: UIN Ar-Raniry Auditorium –––––––––– |
Understanding Acehnese Social and Legal Culture
M. Saleh Sjafei Universitas Syiah Kuala, Indonesia Abstract
This article was written in order to understand and explain the subject matter of legal culture in relation to the Acehnese society which is experiencing globalized rationalisation process. The descriptive explanatory understanding is based on agency-structure Giddens’s frame of reference. It is stated that based on some experiences of Acehnese community as a part of nation and state as Indonesian shows that in the rational social transformation framework, agency-structure the mutual interaction relationship between law culture and traditional-social culture may enable to influence and redefine each other. At a time the society rationally produce consensus of legal culture that protect all differences, but at some other time the legal culture may determine all living rules for the community to avoid discrimination. It seems to be impossible to admit that the colors of cultural value system in a developing country like Indonesia, which is still agrarian, tends to be different from cultural colors of the developed nation which is more industrialized. But, it does not mean that social culture can not experience some changes as a consequence of the objectivation of legal culture. Effort to defend local culture is an indication of a specialized ethnic group not to defend societal culture that is not condusive to the democratic global life as a characteristic of an open society. The more socialistic local cultural transformation (communal natural tradition) toward legal culture which highly supportive of the presence of human rights (individualism artificially modern) that needs integrity of togetherness, nation, and globalized open-mindedness. The culture of local community which is traditionally charismatic in certain aspects tends to show inferiority by the community members toward legal culture that increasingly rise to rationality and universalism.
FEATURED SPEAKER 2.4 Venue: UIN Ar-Raniry Auditorium –––––––––– |
Global Strategy in Enduring Social Justice
Mohd. Heikal Universitas Malikussaleh, Indonesia Abstract
Sharia aims to realize security including safeguarding themselves, property, family and honor; this is an effort to bring social justice for all humanity. Sharia
Abstracts – ARICIS II & ICAIOS VII, UIN Ar-Raniry | 9 regulates some means of wealth distribution such zakat, waqf, shadaqah. This paper aims to explore literally and empirically the concept of Islamic philanthropy and its impact to the any aspect of social development which was emphasized by several goals in SDGs such “No Poverty” as its first goal, and how Islamic concept overcome the poverty issues. The study found that public fund; infaq, shadaqah, cash waqf and zakat need to be done properly, and integrated with government budget allocating for poverty reduction. Islamic philanthropy will not benefit for its adherents but considering entire human being globally. This conceptual research only emphasizes the significant of Islamic concept on enduring social justice for all human kind.
PLENARY 1.1 Venue: UIN Ar-Raniry Auditorium Main Hall ––––––––––––
|Public Administration, Policy and Welfare Panel Chair: Muhammad Thalal
Generation XYZ’s Perception Toward Wealth Zakat and Tax in Digital Era to Achieve Better Social Welfare (Reviewed from the Theory of Behavior)
Arfah Habib Saragih Universitas Indonesia, Indonesia Abstract
This study aims to investigate the relationship among zakat, tax, and millennial generation in Digital Era. Research methodologies are online and hard copy questionnaires and interviews. The samples will be taken from June through July 2018 by at least 100 participants. The expected results related to this study namely: 1. Millennial Generation understands that zakat is obligatory and can reduce the poverty, 2. Millennial Generation is aware that zakat can deduct tax,
3. Religiosity is an important factor in affecting Millennial Generation to pay zakat, 4. Zakat payer behavior in term of Millennial Generation is affected by some factors, 5. Some of Millennial Generation prefers to pay zakat directly to mustahiqs because of priority factor, location, and simplicity, 6. And some of Millennial Generation prefers to pay zakat through zakat institution because of online system, service quality, and credibility factors, 7. Millennial Generation will remain pay zakat in term of the absence of tax deduction related to zakat, 8. Millennial Generation will use zakat as tax deduction in order to reduce the taxable income.
PLENARY 1.2 Venue: UIN Ar-Raniry Auditorium Main Hall ––––––––––– |
Does Sharia-based Government Represent a Typical Non-Western Public Administration?
Defny Holidin Universitas Indonesia, Indonesia Abstract
Emerging democracies across the world have attempted administration development along with globally perceived western model. In this situation there have been institutional gaps between actual practices of imitative public
Abstracts – ARICIS II & ICAIOS VII, UIN Ar-Raniry | 11 administration of these countries and genuine type of western model perceived as the reference due to differences in cultural foundations and historically rooted institutional settings. Meanwhile, practicing Islamic law embarked as of specialties in the-so-called non-western public administration in particularly muslim-majority countries and subsequent institutionalization bring countries to enter an interaction phase of politico-administrative systems between two streams: those culturally and socio-historically constructed respectively in the society and those enforced by national governments which have already embraced the model. The interaction whether the two have been contested or negotiated apparently goes to the fore when it comes to the examination of the government accountability. While public accountability is one of primary aspects by which the concept of Islamic public administration is built from within, the actual practices are not necessarily the case. Taking the Sharia-based Province Government of Aceh, this article seeks to examine the variety of nonwestern—especially the Islamic—public administration in a context specificity of government institutions in a perceived representation of socio- culturally non-western society in nature. The issue covers twofold: (1) the sense as to whether the contemporary Province Government of Aceh depicts a distinct variety of Islamic Public Administration, and (2) the extent as to whether the contesting or negotiating interactions have contributed to this variant, especially in the public accountability aspect. For the purpose of this article, the historical- rooted trajectories of institutional settings of the Province Government of Aceh since 2001 and the recent five-year assessment results on local government accountability are examined. Furthermore, the research investigates intergovernmental relations at different level from central to province governments, substantive aspects within bureaucracy reform policies, especially in a focus of public accountability mechanism, imposed by the central government, and actor relations in local development. We conduct qualitative research through policy document analysis and in-depth interviews of key informants of province government apparatuses, local community leaders, academics, and civil society organization (NGO) activists. The argument offered by this article is that change in public administration in Aceh in particular is not a continuous development effort in order to find a form of government institutional style that fits the typical model. Part of this argument, in fact, is rather the exploitation of local values of the country-specific context as compensation for institutional deficiency in the westernized public administration features.
PLENARY 1.3 Venue: UIN Ar-Raniry Auditorium Main Hall ––––––––––– |
Local Autonomy without Indigenous Public Value: Centralized Implementation of Village Autonomy Policy in Acehnese Gampong
Desy Hariyati, Defny Holidin, & Imas C. Mulia Universitas Indonesia, Indonesia Abstract
The decentralization big bang initiated in Indonesia following the political regime shift in 1998 has entered a new phase of wicked multi-level governance. In this situation, the central government has ambiguously issued the village autonomy policy in order to bring public services closer to the people amidst underperformed municipal governments and limited capacity of village apparatus. This article seeks to explain formal and informal rules of the institutional setting of local tradition based rural development under wicked multi-level governance in Indonesia. For this purpose, we conduct a within-case study in a relatively strong local tradition of village—named gampong—in Gampong Nusa (village), Special Autonomous Sharia-based Province of Aceh, Indonesia. We conduct a qualitative research through policy document analysis and in-depth interviews of key informants of municipal government and village apparatuses, local entrepreneurs, academics, and village development activists. We suggest that rather than strengthening village autonomy and enhancing capacity of local apparatuses for rural development, the village autonomy policy imposed by the central government has unfortunately increased bureaucratization due to higher formalization of village. At the utmost destructive implication, the policy has subsequently given barriers for cultivating indigenous values and local wisdom as basis for further rural development.
PLENARY 1.4 Venue: UIN Ar-Raniry Auditorium Main Hall –––––––––––– |
Community-Driven Public Administration Model in Practice: Challenges and Sustainability Issues
Reza Fathurrahman, Julyan Ferdiansyah, & Eko Prasojo Universitas Indonesia, Indonesia Abstract
The global-western mainstream has been a common phenomenon that privileges western-based concepts to become an exclusive reference point that is considered
Abstracts – ARICIS II & ICAIOS VII, UIN Ar-Raniry | 13 applicable across countries (Drechsler, 2015). However, as societal problems are getting more and more complex in nature throughout period, we argue that community-driven approaches are undoubtedly required to complement and to fulfil the gap resulted from the ineffectiveness of western-based perspective to be implemented into wider context beyond western countries, particularly among developing countries setting in Asia. Using primary data collected from two special regions in Indonesia (Aceh and Yogyakarta), this study explores how the local values inspire an alternative administration model that is proven to be workable at practical level and examines the challenges and its sustainability issue in today’s modern society. It is suggested that both accommodative attitude towards the co-existence of western- and non-western public administration model in the region and the natural internal dynamics among societal actors have created a balancing system that ensure the sustainability of community- driven public administration model.
PLENARY 1.5 Venue: UIN Ar-Raniry Auditorium Main Hall –––––––––––– |
The Perception of Muslim Religious Leaders on
Tax Collection in Indonesia (A Study ofMuhammadiyah Community Organization)
Neni Susilawati & Abi Hafizh Fadhlan Universitas Indonesia, Indonesia Abstract
Indonesia is a predominantly Muslim country. There is an issue that tax collection by some groups is said to be haram or not allowed, but some other groups say tax collection is allowed. Muhammadiyah Central Executive is one of the existing Islamic community organizations in Indonesia. This study aims to measure perceptions of Muhammadiyah Central Executive of tax collection in Indonesia. This research uses quantitative approach and survey is conducted as data collection technique. The result of the research shows that Muhammadiyah Central Executive's perception on tax collection in Indonesia is negative based on Robbins and Sobur's theory. As a recommendation to lead the negative perceptions to be positive, it is necessary to do more dissemination and accountability reporting on the use of tax funds.
PLENARY 2.1 Venue: Theater Room (Ar-Raniry Museum) –––––––––––––– |
Transitional Justice in Indonesia and Asia Panel Chair: Saiful Mahdi
Building Truth and Reparation from Community-Based Initiatives: Transitional Justice Agenda in Asia
Indria Fernida Asia Justice and Rights, Indonesia Abstract
A history of mass crimes accompanied by impunity and a failure of accountability mechanisms are features of many Asian states that provide a base for ongoing instability, failure of the rule of law, and continuing cycles of violence. However, transitional justice (TJ) mechanisms are widely misunderstood and resisted in the region, where perpetrators often remain in powerful positions in post-transition landscapes. In these settings, those that are implicated in mass human rights violations often actively promote a lack of accountability, cloaking self-serving protective strategies under the umbrella of “Asian values”. In many countries in Asia, civil society in transitional governance has taken a leading role in influencing the political situation and palying a significant roles in promoting and supporting transitional justice setting. However, while transitional democratic rulers reluctantly integrate the transitional justice framework - including truth seeking and reparation - into their governance strategy, various actors of civil society, community and victims group in Asia are taking various innovating grassroots approaches to seek the truth, developing reparations program, and pushing alternative TJ processes, including initiated unofficial truth telling mechanism. In some countries, civil society and victims group initiated the establishment of the truth commission mechanisms due to persistence and long advocate. While on the other hand, they are consistently documented stories, developing historical memory education, and develop a peer support for victims of mass violations. This paper will assest some initiatives of civil society and communities in Asia to build truth seeking an developing reparation agenda and how their initiatives have been influencing the state design on transitional justice. Exploration will include the experiences from the learning and knowledge to build transitional justice and accountability initiatives across the region by Transitional Justice Asia Networks (TJAN) - as an Asian regional hub of transitional justice experts - which AJAR is one of the lead initiator.
Abstracts – ARICIS II & ICAIOS VII, UIN Ar-Raniry | 15
PLENARY 2.2 Venue: Theater Room (Ar-Raniry Museum) ––––––––––––––
|From Victims to Engaged Community: Breaking the Circle of Violence through Community Based Learning in Papua
Atikah Nuraini Asia Justice and Rights, Indonesia Abstract
This year marks 20 years since Indonesia’s reformasi following the Suharto dictatorship and 73 years since independence. While Indonesia has made significant progress in broadening its democratic base and upholding human rights for citizens, Papua remains a conflict zone, where force is used to suppress expressions of discontent. The 2001 Special Autonomy Law was the Indonesian government’s first significant attempt to address the deep and lasting grievances of the people of Papua. The law includes a commitment to establish transitional justice mechanisms, including a Human Rights Court and a Truth and Reconciliation Commission for Papua, but neither of these mechanisms has been created. After many years of documenting and advocating on issues of massive human rights abuses in Papua, AJAR must acknowledge that impunity is entrenched. For decades, victims and communities learn to accept and internalize impunity—that violations against the minority groups and poor by the powerful cannot be contested. Those realities have driven us to develop a participatory action research using community-based healing approach, called “Unlearning impunity.” This is an approach that acknowledges that there are deep cultural, political and social-economic roots that leave the poor to be continuously disenfranchized from justice. This approach also looks at the link between poverty and victimization: that many of the poor become victims of human rights violations because they are struggling to protect their basic rights; and that many victims become poor because of the continuing social economic impact of the violation they experienced. Justice, truth, healing and guarantees not to repeat remain far from reach. These barriers are not merely due to legal practice. Unlearning impunity also requires a long-term approach. It may run side by side with transitional justice mechanisms (that tend to be ad-hoc and short-lived), but requires a holistic community-based approach to working along side victim communities and society to unlearn impunity and reclaim the practice of justice. Using violence against women as an entry research, AJAR and Papuan Women’s Working Group (PWG), a group of Papuan women activists who are working to end violence against women in Papua conducted study, over a period of four years (2013-2017), involving a cumulative total of 170 indigenous women from Papua, including in Biak, Jayapura, Keerom, Wamena, Merauke and Sorong. The study captures the key findings, not only around violence against women, trauma and discrimination. It is also provided the legacy and intergenerational impact of conflict-related violence over the years. The community-based learning created a safe spaces for women in Papua, offer a step towards healing and invite women to build solidarity and joint action for transformation.
PLENARY 2.3 Venue: Theater Room (Ar-Raniry Museum) ––––––––––––––
|From Victims to Engaged Community: Assessing Transitional Justice in Asia
Sri Lestari Wahyuningroem Universitas Indonesia, Indonesia
Abstracts – ARICIS II & ICAIOS VII, UIN Ar-Raniry | 17 PANEL 3.1 Venue: UIN Ar-Raniry Auditorium Main Hall ––––––––––––– |
Special Panel - IIUM - Administration and Islamic Law Panel Chair: Habiburrahim
The Islamic Criminal Law and Social Justice: Objectives Observed in Punishment and the Relation between Norm and Goal
Haluk Songur Suleyman Demirel University, Turkey
PANEL 3.2 Venue: UIN Ar-Raniry Auditorium Main Hall ––––––––––––––
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Administration of Islamic Law in Malaysia: Harmonising CEDAW
Mohd. Hisham Mohd. Kamal International Islamic University Malaysia (IIUM), Malaysia Abstract
This paper will discuss the administration of Islamic law in Malaysia which is a party to the Convention on the Elimination of All Forms of Discrimination against Women 1979 (CEDAW), with certain reservations. Provisions reserved include Article 16 on the same rights of men and women to enter into, during and at dissolution of, marriage. The issue is whether provisions of CEDAW may be interpreted to be in harmony with the Islamic law. For this purpose, the rule of interpretation of a treaty as provided for in the Vienna Convention on the Law of Treaties will be resorted to. In addition, the paper will also discuss the appointment of female Syariah judges and the implementation of a family maintenance mechanism.
PANEL 3.3 Venue: UIN Ar-Raniry Auditorium Main Hall ––––––––––––––
|Rehabilitating Youth Offenders Using Alternative Punishments: A case study in Malaysian Syariah Court
Ramizah Wan Muhammad International Islamic University Malaysia (IIUM), Malaysia
Abstract
For some, punishment such as imprisonment or pay fine and alternative punishments such as rehabilitation or doing community services are alternatives between which one must choose. In other words, rehabilitation is not an “actual” punishment but rather an alternative to punishment. It must be noted that there is a difference between alternative punishment and alternative to punishment. This paper attempts to differentiate between alternative punishments and alternative to punishments. The meaning of rehabilitation is defined and explained with suggested modules. To certain extent alternative punishment is very much associated with restorative justice. This paper is a case study of how the alternative punishments are meted out to the youth offenders by virtue of various enactments in the State of Selangor. Some statistics of criminal offences committed by youth offenders and their respective punishments are analysed and explained in the paper. It is suggested that specific legal provisions on various alternative punishments should be mandated in the criminal procedure enactment or in the Syariah Court (Criminal Jurisdiction) Act 1965 or any other related enactments so that a judge can have a clear and expressive provision in the law.
PANEL 3.4 Venue: UIN Ar-Raniry Auditorium Main Hall –––––––––––––– |
Federalism in Malaysia: Issues and way forwards social justice
Nor Hafizah bt Mohd Badrol Afandi International Islamic University Malaysia (IIUM), Malaysia
Abstracts – ARICIS II & ICAIOS VII, UIN Ar-Raniry | 19
PANEL 4.1 Venue: LPM Room –––––––––––––––––––––––––––––––––––
|Islamic Civilization and Contemporary Issues Discussant: Firdaus M. Yunus
Islamic Concept of Conflict Resolution on Intra-Religious Conflict: A Case Study: Indonesian Muslim Diaspora Organization in Amsterdam
Muhammad Saiful Mujab Universitas Islam Negeri Walisongo Semarang, Indonesia Abstract