Identity Politisation Potential Abusing Human Rights

The local government of Tasikmalaya city’s plan to establish Sharia Police Unit is a follow up implementation of Local Regulation No. 12/2009 on Community Development Values ​ of Life Based on the teachings of Islam Religion and Society Norms of Tasikmalaya city. Since the beginning of its formation, the regulation which contains 8 chapters and 17 articles have brought some controversy as the basis for the implementation of Islamic law, particularly the faith, worship, mu'amalah, including how to dress.

Besides containing the norms of orders and suggestion, the regulation which is a form of political accommodation of the local government towards the intolerant Islam group also contains 12 forms of actions, including categories of reprehensible acts. Because it is disgraceful that the action can be imprisoned. The character of such local regulation is an attempt to enforce the public morality by using law approach that almost certainly will not be enforced, because the adopted norms are the norms that are relative and not measurable.

Both the Local Government. No. 12/2009 and its implementation plan to establish Sharia Police through the Mayor Regulation, is a form of fallacy of the local administration in regulating people's lives. Norms to be enforced is religious and social norms that are not in place to be enforced by the law, moreover, those norms are discriminatory and contrary to the RI Constitution and other laws.

Ministry of Home Affairs which plans to order the Governor of West Java to do the evaluation, should take direct control of the evaluation of Mayor plan to issue regulations, because it is the authority of Ministry of Home Affairs, not the governor as stated by Minister (6/6). Governor only has the authority to evaluate the regulations relating to Spatial and Local Budgets which are then forwarded to Ministry of Home Affairs. Meanwhile, for the regulations relating to public life, it is Ministry of Home Affairs’ authorities (Article 45 of Law no. 32/2004 on Local Government).

Sadly, just like the discourse of the formation of Local Government No. 12/2009 which began to appear near the elections in 2007 and ratified in 2009, the plan of establishing the Mayor Rules in which will set about the Sharia police, also appears before the 2012 elections. "Besides proving that in Tasikmalaya City there are groups that support intolerant political aspirations who want to do the political uniformity on the basis of religion and morality, the issue of Islamic law, including the criminalization of women and minorities into the political commodity that is always used by local elites in the political contestation"

Identity politicization based on religion, sex, race, gender, etc potentially violate human rights, as occurred in Aceh and elsewhere which implement the Islamic law. "It's not a classy political way. We support the Ministry of Home Affairs take quick action for the plan of Tasikmalaya local government before becoming an intolerance virus that spread to many regions'.

Contact Person:
HENDARDI, Chairman of SETARA Institute (08111.709.44)
BONAR TIGOR NAIPOSPOS, Vice Chairman of SETARA Institute (0811.819.174)