ISMATU ROPI RELIGION AND REGULATION IN INDONESIA

Transcription

1 ISMATU ROPI RELIGION AND REGULATION IN INDONESIA

2 Religion and Regulation in Indonesia

3 Ismatu Ropi Religion and Regulation in Indonesia

4 Ismatu Ropi UIN Jakarta Indonesia South Tangerang, Indonesia ISBN ISBN (ebook) DOI / Library of Congress Control Number: The Editor(s) (if applicable) and The Author(s) 2017 This book was advertised with a copyright holder in the name of the publisher in error, whereas the author holds the copyright. This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. Cover image Vichaya Kiatying-Angsulee / Alamy Stock Photo Cover design by Samantha Johnson Printed on acid-free paper This Palgrave Macmillan imprint is published by Springer Nature The registered company is Springer Nature Singapore Pte Ltd. The registered company address is: 152 Beach Road, #22-06/08 Gateway East, Singapore , Singapore

5 Abstract This book analyses the state regulation on religious affairs in modern Indonesia, focusing on understanding its history and consequences to citizen s religious life. Indonesian constitutions have preserved religious freedom, but by the same token have also tended to construct wide-ranging discretionary powers in the government to control religious life and to oversee religious freedom. Consequently, during more than four decades, as the Indonesian government has constructed a variety of policies on religion based on those constitutional legacies that have mostly been interpreted in the light of norms and values of the existing religious majority group. At the heart of this issue is then a tension between ensuring religious order and harmony on the one hand, and protecting religious freedom for all on another. This book discusses at length that while successive governments have grappled with the problems of religious life, they have indeed increasingly prioritized order and harmony over the rights of all citizens religious freedom. Overall this book also argues that the history of the politics of regulating religion has been about the constant negotiation for the boundaries of authority in regulating religious affairs between the state and the majority. In this vein the government is eager to oversee and strictly control religious activities, but at the same time the majority group is interested to steer the direction of state policies to be closer to their norms and values. v

6 Referencing and Transliteration All references in this book will be fully quoted the first time used in the footnote, followed by the page number. In referencing the book, the example is as follows: Peter W. Edge, Religion and Law (Aldershot: Ashgate Publishing, 2006), Later references will use a shortened form of the work, followed by the page number such as Edge, Religion and Law, 25. An example of referencing article from academic journal is as follows: Neil A. Englehart, Rights and Culture in the Asian Values Argument: The Rise and Fall of Confucian Ethic in Singapore, Human Rights Quarterly 22, 3 (2000): Later references for journal will use a shortened form of the work, followed by the page number such as Englehart, Rights and Culture in the Asian Values Argument, 559. Reference to works in languages other than English, like Indonesian, will also follow the above pattern. In this book, all Indonesian terms are written according to their modern spellings as they are used in today s Indonesian language. Instead of using, for example, oesaha (effort), I have given its modern spelling, usaha. In spelling some Indonesian names especially from the older generation, I follow the most common way those names are spelt at the current time. For instances, I prefer to write Hasyim Asy ari, not Hasjim Asj ari, or Sukarno and Suharto, not Soekarno and Soeharto respectively. In most cases I keep Indonesian wording instead of translating them into English. The examples are the word Pancasila and the phrase Ketuhanan Yang Maha Esa (with italics). However in those cases generic translation of the word or phrase will be supplied in its first usage. vii

7 viii REFERENCING AND TRANSLITERATION Considering the strong Arabic influence on Indonesian terms and names, I have opted to employ their Indonesian spellings. Instead of sharî a, kitâb, ulamâ and fatwâ for example, I employ the terms shariah, kitab, ulama and fatwa without italics. Likewise, the plural forms of Arabic-influenced terms are indicated by adding the letter s to the word in its singular form, as in kitabs or fatwas rather than kutub or fatawa. For Arabic terms and names which are not part of Indonesian language, I use the international standard of Arabic transliteration.

8 Acknowledgements This book is a revised version of my PhD thesis submitted to The Australian National University (ANU) in 2012 and completed during my honorary fellowship at ANU from September to November Many people and institutions greatly contributed to the completion of this book. Chief among them is Associate Professor Greg Fealy, without whose guidance and constant encouragement the book could not possibly have been finished. His passionate commitment particularly to Indonesian studies, his refreshing intellectual honesty, constructive criticism, advice and support have been my model for academic excellence. Terima kasih banyak Pak Greg! I would also gratefully acknowledge the ongoing support and advice I received from Professor Edward Aspinall in PSC ANU. I am grateful to Syarif Hidayatullah State Islamic University (Universitas Islam Negeri/UIN) Jakarta through the Office of Institute for Research and Community Outreach (Lembaga Penelitian dan Pengabdian pada Masyarakat/LP2M) for providing me with research grant to undertake my fellowship in Australia as part of the 2015 UIN Jakarta s International Collaborative Research Program. Professor Dede Rosyada, the current Rector of UIN Jakarta, Professor M Arskal Salim GP and Imam Subhi are among who deserve my acknowledgements for their kind help. It is a great pleasure to acknowledge the tremendous support from the research centre where I have been working as a researcher for more than twelve years, the Center for Studying Islam and Society (Pusat Pengkajian Islam dan Masyarakat/PPIM) UIN Jakarta. Among them are Professor Azyumardi Azra, Professor Komaruddin Hidayat and Professor Jamhari for always helping me in many different ways. I thank all my research ix

9 x Acknowledgements colleagues in this institution, especially Professor Murodi, Dadi Darmadi, Saiful Umam, Ali Munhanif, Oman Fathurahman, Din Wahid, Fuad Jabali, Jajang Jahroni, Arief Subhan, Idris Thaha, Tasman and Didin Syafruddin as I have benefited much from intellectual exchanges and friendship. To those who are not mentioned by name, I wish to express my sincere appreciation for all their beneficial contributions. I would like also to record my gratitude to my mother, Hj. Siti Rohila, who always prays for my success. She is the continuous light of my life. My special sincere prayers go to my late father, H.M. Ropi Machmud, who passed away during my first month of my graduate study at ANU in My gratitude is also due to my parents-in-law in Rangkasbitung Banten as well as my extended family in Jakarta for their support and care. Finally, I would like to dedicate this book to my family. My deepest thanks are due to my wife, Eka Indrawati, for her pure affection, caring, honesty and constant love. Words are not enough to thank her adequately for all the sacrifices she has made to accompany my life journey. My sweet beloved daughters, Alefa Passadhya Raihani and Qisthi Vinaya Mahathira, also deserve special appreciation and gratitude. They have always proven to be my steady inspiration, happiness and joy. At the very last, I have to mention that none of the above people is responsible for any inadequacy or inaccuracy in this book. I alone take responsibility for all those failings and errors.

10 Contents 1 Introduction 1 About This Book 7 Scholarly Studies on the State Religion Relationship in Indonesia 8 The Structure of the Book 10 2 The State and Religion: An Overview 15 The Patterns of Relationship 15 The Nature of the Relationship 18 3 Theorizing Regulation of Religion 29 Regulating Religion and Religious Freedom 30 4 Religion and Religious Life in Indonesia: Legacies from the Past 43 Agama: From Tradition to Political Identity 44 The Dutch and Religious Affairs 46 5 Negotiating Boundaries of Religion Roles in the State System 57 Religiously-Motivated Struggle for Independence? 58 Debating the Dasar Negara 61 The Phrase Ketuhanan Yang Maha Esa 73 xi

11 xii Contents 6 Religion and the Intrusive Constitutions 79 Religion in the Indonesian Constitutions 80 7 Ketuhanan Yang Maha Esa: Contests of Meaning and Interpretation 89 The Politics of Interpreting Ketuhanan Yang Maha Esa 89 8 The Ministry of Religious Affairs, the Muslim Community and the Administration of Religious Life 101 The Establishment of MORA 102 Bureaucratizing Islam 103 Opposing the Heterodoxies Regulating Ketuhanan Yang Maha Esa in Public Life 117 Defining Religion and Religious Group 118 Religious Vilification Act and the Nation-State Religious Character Suharto New Order s Regime, Development Programme and Religion 127 The Regime, Development and Religion Governmentalization of Religious Policies 139 Governing Religious Life 139 The De-politicization of Religion and New Roles for MORA 143 Prohibition of Aliran Sesat 147 Politics of Religious Identity Managing Religious Tension 161 The 1969 Joint Decree on Places of Worship 162 Decrees on Mission Aid and Overseas Missionaries 166 The Ahmadiyah Case 170

12 Contents xiii 13 Islamic Populism over Minority Rights 183 From Concession and Accommodation to Islamization 184 Islamic Symbols to Centre Stage 185 Decentralization and Shariah By-Laws Old Issues New Controversies: Cases of the Places of Worship, the Ahmadiyah Group and the Judicial Review of the Vilification Law 199 The New Joint Decree on Places of Worship 200 Recent Ahmadiyah Controversies 205 Judicial Review of the Vilification Law and the Rise of Legal jihad? Conclusion 219 Appendix Appendix Bibliographies 235 Index 257

13 Glossary and Abbreviation abangan ABRI Adat Ahmadiyah aliran kepercayaan aliran sempalan nominal Muslims, usually referring to Javanese religiosity Angkatan Bersenjata Republik Indonesia (Armed Forces of the Republic of Indonesia) in the New Order era, currently known as TNI Tentara National Indonesia (Indonesian National Armed Forces) Arabic-derived term referring to a region s manners, tastes, customs, traditions and beliefs, see hukum adat a heterodox religious movement in Islam, based on the life and teachings of Mirza Ghulam Ahmad, ca in North India, see also JAI or Jemaah Ahmadiyah Indonesia local Java religious groups with strongly mystical tendencies; often interchangeably called aliran kebatinan or kejawen a small new (religious) group believed to promote any teaching or doctrine that are allegedly deviant from the teachings or doctrines of mainstreaming religious groups xv

14 xvi GLOSSARY AND ABBREVIATION Azas Tunggal BAKIN BAKORPAKEM BAPPENAS BPUPK(I) dakwah Darul Islam Dasar Negara DDII DEPAG DGI Sole Base, unifying principle imposed by the New Order regime to pledge Pancasila as the only ideological basis of all Indonesian organizations and institutions Badan Koordinasi Intelijen Negara (Coordinating Body of State Intelligence) Badan Kordinasi Pengawasan Aliran Kepercayaan di Masyarakat (Coordinating Body for Monitoring and Supervising Local Religious Beliefs in Society) Badan Perencana Pembangunan Nasional (National Body for Development Planning) Badan Penyelidik Usaha-Usaha Persiapan Kemerdekaan (Indonesia) ([Indonesian] Investigating Body for the Preparation of Independence). Islamic mission or propagation; preaching an appeal for a deeper performance of faith among the Muslim community Islamic polity or society where Islamic doctrines and law are well-implemented. Also a separatist political movement in approx Philosophical foundations of the state, later referring to Pancasila Dewan Dakwah Islamiyah Indonesia (Indonesian Council for Islamic Propagation) Departeman Agama (Department of Religious Affairs), the state office for administering religious affairs. Currently known as KEMENAG (Kementerian Agama or Ministry of Religious Affairs). Also see MORA Dewan Gereja-Gereja di Indonesia (Indonesian Council of [Protestant] Churches)

15 DPR DPRGR Dwi Fungsi fatwa FKUB GBHN GLOSSARY AND ABBREVIATION xvii Dewan Perwakilan Rakyat (People s Representative Assembly), the Indonesian Parliament Dewan Perwakilan Rakyat Gotong Royong (Peoples Representative Council of Cooperation); refers to the Indonesian Parliament during Sukarno s Guided Democracy dual security and socio-political functions of the Indonesian armed forces religious opinion or edict issued by an Islamic scholar or Islamic organization in response to particular issue or problem in the Muslim community Forum Komunikasi Umat Beragama (Forum for Inter-Faith Communication) Garis-Garis Besar Haluan Negara (The Mainlines of State Policies) Golkar Golongan Karya (Functional Group), powerful government political party in the New Order era haji Title given to Muslims who have performed pilgrimage to the holy site of the Kabah at Mecca, Saudi Arabia. The hajj is one of the Five Islamic Pillars as a once-in-a lifetime obligation of religious devotion hukum adat customary law, see adat IAIN Institut Agama Islam Negeri (State Institute for Islamic Studies), referring to state-run Islamic higher education institutions, see UIN and STAIN ICCPR ICMI JAI International Covenant on Civil and Political Rights Ikatan Cendekiawan Muslim se-indonesia (Indonesian Muslim Intellectuals Association) Jemaah Ahmadiyah Indonesia (Ahmadiyah Community of Indonesia), see Ahmadiyah

16 xviii GLOSSARY AND ABBREVIATION jihad jilbab or hijab Ketuhanan Yang Maha Esa KNIP KOPKAMTIB KUA KWI kyai MAWI MORA MPR MPRS Muhammadiyah MUI NAD struggle or exertion. The meaning can range from personal struggle against sinful tendencies to assisting the community in holy war an outer garment, a long gown covering the whole body or a cloak covering the neck and bosom, worn by Muslim women The First Principle of Pancasila literally means the Oneness of God denoting the belief in God Komite Nasional Indonesia Pusat (Central National Committee of Indonesia) Komando Operasi Keamanan dan Ketertiban (Command of Security and Order Operations) Kantor Urusan Agama (District Office for Religious Affairs in particular dealing with marriage and divorce of Muslim community) Konferensi Wali Gereja Indonesia (Conference of [Catholic] Indonesian Bishops) Muslim religious leader or scholar of Islamic studies, see ulama Majelis Agung Wali Gereja Indonesia (High Council of Indonesian Bishops) Ministry of Religious Affairs, see DEPAG Majelis Permusyawaratan Rakyat (People s Consultative Assembly) Majelis Permusyawaratan Rakyat Sementara (Provisional People s Consultative Assembly) Indonesian modernist Muslim organization founded in 1912 by Ahmad Dahlan Majelis Ulama Indonesia (Indonesian Council of Religious Scholars) Nanggroe Aceh Darussalam or Aceh is a province located in Sumatera island

17 GLOSSARY AND ABBREVIATION xix NASAKOM Negara Ketuhanan New Order NKRI NU Old Order P4 Pancasila PDI Permesta/PRRI Nasionalis, Agama, Komunis (Nationalism, Religion and Communism), a political slogan created by Sukarno to fuse three intentional political and social powers in Indonesia Religious-based State, in which religion plays an important part; often the term interchangeably called Negara ber-ketuhanan , the regime under the Presidency of Suharto Negara Kesatuan Republik Indonesia, the Unitary State of the Republic of Indonesia Nahdlatul Ulama (Revival of Religious Scholars), the largest traditionalist Muslim organization in Indonesia established by Hasyim Ashari in 1926 the term used by the Suharto regime to point out the previous regime under the Presidency of Sukarno from 1945 to 1969 Pedoman Penghayatan dan Pengalaman Pancasila (Guidelines for the Internalization and Application of Pancasila) The Five Principles constituting the national ideology of the Indonesian state. They are: belief in one supreme God; just and civilized humanity; national unity; democracy led by wisdom and prudence through consultation and representation; and social justice Partai Demokrasi Indonesian (Indonesian Democratic Party), a political party created by the New Order regime in 1970s to merge some nationalist and Christian political parties Perjuangan Semesta/Pemerintahan Revolusioner Republik Indonesia (Universal Struggle/the Revolutionary Government of Republic of Indonesia), a

18 xx Glossary and Abbreviation Persis Pesantren PGI PKI PMP PPKI PPP priyayi Reformasi REPELITA Salafism santri SARA so-called rebel movement declared by civil and military leaders in 1957 against the Central Government in Jakarta Persatuan Islam (Islamic Union), reformist organization founded in 1923 by Ahmad Hasan Islamic boarding-school system in Indonesia Persekutuan Gereja-Gereja Indonesia (Communion of Indonesian Churches) Partai Komunis Indonesia (Communist Party of Indonesia) Pendidikan Moral Pancasila (Pancasila Moral Education) Panitia Persiapan Kemerdekaan Indonesia (The Preparatory Committee for Indonesian Independence) Partai Persatuan Pembangunan (the United Development Party), a political party created by the New Order regime in the 1970s to merge some existing Islamic political parties Javanese feudal aristocracy; in many cases the term also refers to employees of the Indonesian civil service 1998 present, era of democratic reform Rencana Pembangunan Lima Tahun (Five Year Development Plan) Term used to describe movements that seek to return to the teachings and example of the early generations of Muslims; recently denoting the most strictly puritanical of Islamic movements students in an Islamic boarding school (see pesantren) or in some cases referring to pious Muslims vis-à-vis abangan Suku, Agama, Ras dan Antar-golongan (Ethnicity, Religion, Race and Inter-class), prohibitions on unfavourable mention of these sensitive issues in public

19 Glossary and Abbreviation xxi Seven Words syariah or shariah SKB STAIN UIN ulama Undang-Undang Haji Undang-Undang Wakaf Undang-Undang Zakat (of 1945 Jakarta Charter) is a controversial phrase containing seven words (dengan kewajiban menjalankan syari at Islam bagi para penganutnya or with the obligation for [Muslim] adherents to carry out Islamic shariah ). This phrase for many was regarded as the main element of the enshrinement of Islamic shariah in the Indonesian Constitution. Islamic law or jurisprudence Surat Keputusan Bersama (Joint Decree of two or more Ministerial Offices) Sekolah Tinggi Agama Islam Negeri (State College for Islamic Studies), see UIN and IAIN Universitas Islam Negeri (State Islamic University), see IAIN and STAIN Muslim scholar, see kyai the Law of Pilgrimage the Law of Endowment the Law of Philanthropy or Alms-Giving

20 About the Author Ismatu Ropi is a Senior Lecturer at the Department of Religious Studies Faculty of Theology and Philosophy (Ushuluddin) State Islamic University (UIN) Syarif Hidayatullah Jakarta, and Director of Research at the Center for the Study of Islam and Society (PPIM) UIN Jakarta. He obtained his MA from McGill University on Muslim Christian relations in Indonesia, and his PhD from the Australian National University on the politics of regulating religion in Indonesia. He has written widely on inter-religious relations in Indonesia, published in scholarly journals and articles. He is the author of Fragile Relation: Muslims and Christians in Modern Indonesia (2000), and has co-edited books on Islamic studies such as Women s Images in Islam (2002), Islamic Social Institution in Indonesia (2002) and Studying Islam in Middle Eastern University (2001). His main research interests are on religious studies particularly Christianity and Judaism, new religious movements and minorities in Indonesia, religious education in Indonesia, Islam and issues of democracy in Indonesia. xxiii