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Sharia based law Controversy in Indonesia


On Wednesday, 5th March I attended a discussion held by ELSAM (The Institute of Policy Research and Advocacy) on a very controversy issue in my point of view.

A research presented by ELSAM team on the enactment and the implementation of local regulation that so called “a sharia based law” such as Perda Anti Maksiat, Perda Kesusilaan, Perda Pengelolaan Zakat, Perda Busana Muslim.

Well, on the discussion, I impress on the effort done by the research team to evaluate whether such local regulation has any indication on violation the national law and/or human rights principles?

The regulation made by some district and/or province mainly intervene the individual affairs and has many weakness on the content of law and mostly contrary to the National Law and would jeopardizing the legal certainty on the implementation

I must say, in some certain degree, sharia based law needed by Moslem community in Indonesia but it should be regulating public affairs not individual affairs. Such as: how to have Halal and Non Halal Certification in Restaurant. I think it is important to protect the interest of the Moslem community to have and easy to access Halal food and also to decide on their free will when they see the sign Non Halal Certificate and still insist to get in.

Nowadays, it is hard for me to make sure whether the restaurant really only provide halal food or non halal food? Because there are no halal certification and sometimes it only written halals sign.

But I completely disagree and against any “religion based law” being enacted if such regulation only regulating the individual affairs. How about you?

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7 comments
  1. ambar said:

    I am the one that opposed sharia law in Indonesia. History said that when Islamic scholar (Wali Sanga) introduced Islam in Java at 14th century it was already established common law by Hindus and Buddha. Indeed the relation came so nicely and respect each other. Indeed but it doesn’t mean to fit in any country including the biggest muslim community in the world.

  2. hmcahyo said:

    Is it really like that?

    Why don’t? if we haven’t try?

  3. anggara said:

    @ambar
    to some certain degree i oppose your idea

    @hmcahyo
    can you be more specific?

  4. A sharia based law as a phenomenon is more interasting to search from law academic’s context. I wrote this theme on my paper in the last mounth when i came to Sarawak on the Islamic Development Confrence in Borneo Island.
    I make some creteria to look it. Is a sharia based law interferes in national law/ national regulation or not?

  5. anggara said:

    @rifqi
    thank you for sharing useful information

  6. ramdani1428 said:

    I agree with Sharia law. When it applied in Mecca in Mohammad era, It is just for moslem (so if u are not a moslem u can’t touch by this law as long as you respect it) And the sharia law it self respect another religion. Almost all the opinion about sharia law in internet and media now just the negative side of sharia

  7. anggara said:

    @ramdani
    thanks for comment

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