Ploteo de Horner

Indonesian Muslim Congress (KUUI) performed ahead Asia African Summit didn’t attracted mass media . Press likely more interested in covering the preparation of Asia African Summit. The congress that reportedly disbursed more than two billions rupiah resulted such recommendations. Recommendations that latter named Jakarta Declaration contains fourteen points.

I am interested with the first point of this declaration because there is a spirit to overcome Indonesian problems via syari’at. More or less the first point of declarations said, making syari’at Islam as the solution in dealing with various problem faced by his nation and forced the central and regional government to fasten syari’at implementation in Nanggroe Aceh Darussalam.

Particularly for Aceh, my question is can Islamic syari'’at be used to overcome problem there ? Why after more than four years syari’at Islam officially declared in Aceh problem remains unsolved?

I agree with Aguswandi’s remark that the present conflict in Aceh has nothing to do with religion. It is a conflict based on injustice practices and policies from a central government. (The Jakarta Post ,April 14,2005). But it is not fair if in dealing with Aceh problem religion not be counted as consideration .

If traced from early period of Indonesian independence , it is clear that Aceh people especially follower of Daud Beureuh are disappointed with Soekarno , the first Indonesian president, attitude who not fulfill his promise to guarantee Aceh people to fully implement syari’at law in all aspect of life. They feel restricted when they intend to make decree or bylaw on syari’at then it is annulled by central government. The first Perda ( bylaw) decided by Regional Representative Council then rejected by Central Government is bylaw number one 1963 on Syi’ar Agama Islam ( Celebration on Islamic Event ) in Aceh Special Province. This occurs in Soekarno era. In Soeharto era same accidents reveal again . The victim is bylaw number 6 / 1968. Bylaw about implementation of some aspect of Islamic syari’at in Aceh Special Province annulled by Central Government . The reason used to reject this bylaw is very simple that religious affair not yet be given to Aceh Province as one of it’s autonomy , so it isn’t a matter that can be regulated by Acehnese people themselves. Since that time Aceh leaders no more held discussion on implementation of Islamic syari’at. Discourse on syari’at Islam implementation is

considered a taboo. But it is not mean that demand for implementation of syari’at Islam in Aceh in all aspect of life has vanished. What should be remembered is these accidents had caused growing of disappointment in Aceh people to Central Government.

In Aceh history the problem connected with syari’at implementation had caused the emergence of insurgence demanded Indonesia to became Islamic State and the problem based on injustice practices and policies from central government during Soeharto era caused the emergence of movement to separate Aceh from Indonesia.

The falling of Soeharto authoritarian regime has brought new hope. Reformation era had caused Aceh people dared to demand more autonomy especially in implementing syari’at Islam. This aspiration then responded by President Habibi by giving law number 22/1999. But because there is no clear authority that given to Aceh province, forty eight members of People Representative Council trough their initiative right proposed new law on special aspect of Aceh. As a result , law number 44/1999 then enacted. This law clearly gave four aspects that can be regulated by Aceh province. First , the implementation of religious life based on syari’at. Second the actualization of adat (custom) which in concordance with syari’at .Third, performing general and religious education based on Acehnese aspiration and fourth raising the role of Ulema in decision making. This law then followed by the law number 18/2001 on special autonomy.

After some revisions on the law concerning Aceh autonomy the question is whether Aceh people have getting guarantee to implement syari'’at in all aspect of life freely ? Unfortunately the answer is not yet. Bylaw produced by regional representative council still possibility be annulled by central government and decree released by Aceh court can be cancelled by Indonesian supreme court. Section 27 of the law number 18/2001 said that dispute about competency of syar’iyyah and national court in the final stage is returned to the authority of Supreme Court. Therefore I agree with Kirsten E.Schulze remark in his writing A Jumble Purpose of Syari’ah Law in Aceh when he said that the key question at the national level is , of course , whether the syari’ah is compatible with Indonesia’s constitution. In practical sense this may result in cases tried under the syari’ah in Aceh being appealed to the Supreme Court under national law. If the Supreme Court upholds the validity of the syari’ah it has effectively undermined national law, and if it doesn’t the syari’ah in Aceh isn’t worth the paper it was written on.( The Jakarta Post, April 22, 2002).

So how to make syari’ah give significant influence in dealing with Aceh problem?

In my opinion., at least there are two notes in order to make syari’at Islam has more significant influence in dealing with Aceh problem. The first is revision of autonomy law for Aceh. This revised law should give guarantee to Aceh people so that syari’at formulated by Aceh people in qanun or bylaw can be implemented without any fear that it can be annulled by central government or Supeme Court in Jakarta. Secondly, considered that Aceh people now realize that human rights should be preserved and there are some problems connected with human rights violations especially that occurred during military operation , syari’at Islam in the form of qanun enacted in Aceh should also guarantee that there is no draft in bylaw which potentially will violate the right of people especially women and minority of non Muslim.

It means that syari’at Islam enacted in Aceh should absorb inclusive model that upholds justice , democracy and equality among all Aceh people . Syari’at that contextually and democratically reformulated, not syari’at that rigidly imposed and not syari’at that can caused discrimination since discrimination based on religion , gender or ethnic should be avoided. If it can be realized Aceh people will feel free to regulate their self especially in matter connected with domestic affair.

But before all of these can run , reconciliation among victims and perpetrators especially in gross violation of human rights cases occurred in Aceh should be settled first. Reconciliation that can halt war. Of course reconciliation that can give restitution ,compensation or rehabilitation to victims or their family should be based on truth and justice.