Sunday, June 17, 2012

Jakarta Charter: Valid State Documents for Application of Islamic Sharia

Jakarta Charter: Valid State Documents for Application of Islamic Sharia


When in 2004, Hidayat Nur Wahid became Chairman of the MPR, immediately interrupted by a member of the DPR from PDIP, that he should not carry around Jakarta Charter. Similarly, when many laws in this country are in accordance with Islamic values, Christians say: "We need a president who is firm and courageous in opposing all intrigues or maneuvers of certain groups who want to undermine the Unitary Republic of Indonesia. this group feels they have failed to fight for the treatment of the "Jakarta Charter", now they are building this struggle through legislation, they are putting their religious values ​​into legislation, now there are many laws that lead to sharia, such as the Marriage Law, the Religious Courts Act, Law on Endowments, National Education System Law, Sharia Banking Law, Sharia Securities Law (SUKUK), Foundation Law, Arbitration Law, Pornography and Pornography Law, etc. Whatever the reasons for this all are contrary to the basic principles of this country. " (Christian Tabloid, Reformata edition 110/2009).

The Conference of the Guardians of the Indonesian Church, the parent of Catholics in Indonesia, once sent a letter to President Yudhoyono's content: "To maintain the integrity of the Unitary State of the Republic of Indonesia, we recommend that the president and vice president be elected to cancel 151 regional regulations and the like and never will ratify laws and regulations that conflict with the constitution of the Republic of Indonesia. " (Adian Husaini, Pancasila is not to suppress the Islamic constitutional rights, GIP).

Now KWI and secular NGOs in Indonesia sue these sharia-related regulations. According to them, the regulation that was spawned since 1999-2009 was discriminatory. In West Java there are 35 Perda, Bali 31, West Sumatra 26, South Kalimantan 17, Sulsel 16, NTB 13, East Java 11, Aceh 7, Banten 6, Sumsel 5, Lampung 3, Riau 2, Gorontalo 2, Bengkulu 2, North Sumatra 1, Central Sulawesi 1, NTT 1, Central Kalimantan 1, West Kalimantan 1, Yogyakarta 1, Central Java 1 and Bangka Belitung 1 Perda. (see Indopos, June 10, 2012).

They are now highlighting the Regional Government of Tasikmalaya which issued Regulation No. 12 of 2009 concerning Building the Value of Community Life Based on Islamic Teachings and the Community Norms of the City of Tasikmalaya. A member of the National Commission on Violence Against Women Arimbi Herupoetri stated, "Someone who is dressed is regulated. We say that it is against the constitution. Going day and night is regulated. Women who go out at night are said to be not good. If criminalized, then in Tasik we monitored at that time." He also stated that most victims of the sharia regulations were women. Because what is considered is always associated with women. For example clothes must be long and should not be thin. Not allowed to go out at night.


Komnas Perempuan member Andy Yetriyani said that at the end of 2011 there were 207 discriminatory policies in the name of religion and morality at the national, provincial and district and city levels. Every year such discriminatory policies always increase, 189 discriminatory policies in 2010 from 154 discriminatory policies reported by Komnas Perempuan in 2009. A total of 78 of the 207 regional policies were directly discriminatory against women. (Indopos, June 10, 2012).


The authority of the Regional Government to decide - especially in this area of ​​religion - is considered contrary to the Law. Especially Law no. 22 of 1999 article 7 paragraph 1 and 2, namely that the regional government in paragraph 1 is stated not to have authority in the field of foreign politics, defense security, justice, monetary and fiscal, religion and other authorities. Ayat explains the authority of other fields, namely policies on national planning and national development control on a macro basis and financial balance funds. In addition to this, the State administration system and state economic institutions, fostering and empowering strategic natural and technological resources.


Problems with the Jakarta Charter

Why is the Jakarta Charter - which is considered now incarnated in these Regional Regulations - always a scourge of Christians? In fact, if traced in history, the Jakarta Charter is a legitimate State Document in this country. The Jakarta Charter in accordance with the Presidential Decree of July 5, 1959 is an inspiration and is a series of entities with the 1945 Constitution.

The Jakarta Charter which contains the Opening of the 1945 Constitution (only the words "The Godhead with the obligation to carry out Islamic law for its followers is replaced by the One Godhead") was formulated by the Committee of Nine. A small committee formed before Indonesian independence taken from BPUPKI members. The members of the Nine Committee included representatives of secular nationalists, Christians and Muslims. They were: Soekarno, Mohammad Hatta, AA Maramis, Kahar Muzakkir, Abikusno Tjokrosuyoso, Agus Salim, Wahid Hasyim, Mohammad Yamin and Ahmad Soebardjo.


The Nine Committee formulated the Opening of the 1945 Constitution which was planned to be read at the proclamation on August 17, 1945. So the figure of Nu who was also the former Minister of Religion of the Republic of Indonesia KH Saifuddin Zuhri stated: "Not a few people forget that it is precisely the Jakarta Charter that explicitly mentions the five sila in Pancasila precedes the ratification of the 1945 Constitution itself. "
The fate of Jakarta Charter.


After the meeting for days - Soekarno called it 'sweaty' - finally on June 22, 1945 the Jakarta Charter was ratified together. In the trial - reading the Jakarta Charter book by Endang Saifuddin Zuhri - the debate was fierce. Starting from the problem of the president must be Muslim, the basis of the State must be Islam and others. After the debate lasted for a long time, the Jakarta Charter was agreed upon which contained the opening of the 45 Constitution which also included Pancasila. Where sila I reads the Godhead with the Obligation to Carry out Islamic Shari'a for its Adherents.

Jakarta Charter which was escorted by four Islamic leaders if we look at the differences with the Pancasila formulation of Soekarno and Yamin. Where the problem of Godhead, Justice and Deliberation gets an important place in the precepts.

But unfortunately the mature Jakarta Charter was jointly agreed to be read at the proclamation on August 17 and will be ratified on August 18, 1945, and Soekarno and his friends foiled it. Early in the morning at 4, Soekarno invited Hatta to Admiral Maeda's house to form the text of the proclamation. Manuscripts from Panitia Sembilan were countered at the Japanese officers' house and replaced with very concise proclamation text.


And the tip was on August 18, 1945, the Jakarta Charter was also amended fundamentally. Through a quick meeting that lasted less than three hours, important matters relating to Islam were dropped from the original text. In this sudden meeting initiated by Soekarno (and Hatta), four representatives of Muslims who participated in the preparation of the Jakarta Charter were not present. The attendees were Kasman Singodimedjo and Ki Bagus Hadikusumo. The others are Soekarno, Hatta, Supomo, Radjiman Wedyodiningrat, Soeroso, Soetardjo, Oto Iskandar Dinata, Abdul Kadir, Soerjomihardjo, Purbojo, Yap Tjwan Bing, Latuharhary, Amir, Abbas, Mohammad Hasan, Hamdhani, Ratulangi, Andi Pangeran and I Bagus Ketut Pudja.


In the Soekarno-led meeting which took place at 11.30-13.45 it was decided: First, Mukaddimah said replaced by the Opening. Second, in the Preambul (Jakarta Charter), the sentence: "based on the Godhead with the obligation of implementing Islamic law for its followers, was changed to" based on the Supreme Godhead. "Third, Article 6 paragraph 1," The President is the original Indonesian Fourth, In line with the second amendment above, Article 29 paragraph 1 becomes "State based on the Supreme Godhead," in lieu of "State based on Godhead, with the obligation of implementing Islamic law for its adherents. "

The decision of Soekarno-Hatta and the secular nationalists (because of threats from East Indonesian Christians), was finally criticized by Islamic leader Prawoto Mangkusasmito. He called there 'historical questions'. He said: "What is the reason for the hard-won formula of the Jakarta Charter, by extending days of brain and energy by prominent figures from our nation, then at the meeting of the" Preparatory Committee for Independence "on August 18, 1945 in a few minutes can it be changed? What, what, why? "

In 1957, in the Constituent Assembly, KH M Isa Ansari also sued the write-off of the seven words: "This striking incident was felt by Muslims as a magic game which was still overwhelmed by the secret haze as a political game against the group, but they silence does not hold challenges and resistance because of their spirit of tolerance. Inevitably the question: "What strength drives from behind until the change takes place? The author does not know whether this question can still be answered honestly and precisely. Is it why Ir Sukarno, who during the sessions of the Investigative Body desperately defended the Jakarta Charter, then instead pioneered efforts to change it? The author doesn't know. "


Although Islamic figures at that time protested strongly, because they felt betrayed by Soekarno, they preferred to resort to peace. Except maybe DI / TII because they were very disappointed with Soekarno's various actions in his government. Moreover, Sukarno at that time promised that later in peace, it would be calmer to rearrange the Constitution.

So after the democratic and peaceful elections in 1955, the basic problems of this country were widely discussed. In the end in 1957-1959 the Constituent Assembly discussed the basic problems of this country in parliament. The two-year debate was very interesting and contained fundamental arguments about the basis of the State. At that time there were three groups. The Islamic group represented by the Masyumi party, Nahdlatul Ulama and others wanted the basis of the Islamic State. The secular Nationalist group represented by PNI, PKI and others proposed Pancasila as the State Foundation and the Labor Group wanted a populist economy as the basis of the State.

Unfortunately the quality debate was then dissolved by President Soekarno. The Constituent Assembly was dissolved and the president then issued a Presidential Decree on July 5, 1959 which essentially returned the 1945 Constitution as the basis of the State and stated that (to accommodate the aspirations of Islamic groups) the Jakarta Charter inspired the 1945 Constitution and was an inseparable unity.


President Soekarno commemorating the Jakarta Charter, June 22, 1965 stated: "Well, this Jakarta Charter, you said as in the Decree, animating the 1945 Constitution and constituting a series of entities with the Constitution. These brothers, Jakarta Charter, signed June 22, 1945 At that time, in the Japanese era ... Signed by - I read yes - Ir Soekarno, Drs Mohammad Hatta, Mr. AA Maramis, Abikusno Cokrosuyoso, Abdul Kahar Muzakkir, Haji Agus Salim, Mr. Achmad Subardjo, Wahid Hasyim, and Mr. Mohammad Yamin, 9 people. "


Although the Jakarta Charter is a series of unity with the 45 Constitution, the Christians throughout the history of independence have always protested. Cornelius D Ronowidjojo, Chairperson of the PIKI DPP (Indonesian Christian Intelligence Fellowship) as quoted by the Tabloid Reformata (March 16-31, 2009) stated that the Jakarta Charter has now been implemented in the reality of Indonesianism through local regulations and laws. "Now the seven words that have been deleted are not just written, but really real now."


In the introduction to the editorial Tabloid Reformata writes: "We need to keep on reminding that lately it seems that the efforts of people who want to undermine our country that have a philosophy of Pancasila have been intensifying in order to force the implementation of certain religious Shari'a in all aspects of national and state life. We have seen that there are many legislative and regional regulations (perda) that have been implemented in various places even though many people oppose them.The parties that impose their will under the pretext of bringing the aspirations of the majority group, are now appreciating over the sadness of other community groups, because of ambition them, one by one successfully forced. I don't know what this country will be like, God knows. "


The same thing is almost said by Christian representatives ahead of RI independence. Mohammad Hatta states: "... Protestant and Catholic representatives in the Kaigun area have objected very much to the clauses in the opening of the 1945 Constitution which reads" Divinity with the obligation of carrying out Islamic Shari'a for its followers. "Although they acknowledge that the sentence does not bind them and only bind the people of Islam but they see it as discrimination against those minorities ... If the Opening continues as is, then Protestants and Catholics prefer to stand outside the Republic. "

"By removing these 7 words and the conditions that the president is a native Indonesian, which must be Muslim, then this is an important change, which unites the whole nation. These conditions offend, while throwing away this then the entire Constitution can be accepted by Indonesian regions that are not Muslim, for example, when it was ruled by Kaigun. Agreements in this matter have also been obtained between various groups, thus facilitating our work at the present time "(Hatta's expression quoted by Soekarno ahead of the Presidential Decree of July 5, 1959 in the text entitled "Main Issues That Cause Congestion of the Constituent Assembly").

Hatta then continued: "At noon on August 17, 1945, at around 12:00 a.m., after the proclamation ceremony at Pegangsaan Timur 56, several members of the Indonesian Independence Committee from outside Java, especially Eastern Indonesia, arrived at Asrama Prapatan 10. They were: Dr Sam Ratulangi, representatives from Sulawesi; Tadjoedin Noor and Ir Pangeran Noor from Kalimantan; Mr. Laturharhary, representative from Maluku; Mr. I Ketut Pudja, representatives from Bali and Nusatenggara; and Andi Pengerang from South Sulawesi.


According to them, the purpose of the change is so that we do not become divided as a nation, because it needs to be eliminated sentences that can disturb the feelings of Christians or followers of other religions.

The proposal for change received serious attention from the students, and they immediately obtained an agreement, because each of them had shared their beliefs and truly wanted the unity and unity of the nation. The problem was immediately announced to students by Bung Hatta by telephone. Bung Hatta agreed to discuss the matter that afternoon on August 17, 1945, at 17.00. To explain this issue, three people were sent to Bung Hatta that afternoon, giving a reason for the changes presented by representatives from Eastern Indonesia. The three student envoys were Piet Mamahit, Moeljo and Imam Slamet, who were dressed in Navy uniforms, so people thought they were Japanese. Imam Slamet's face was like a Chinese, his body was short, so it looked like a Japanese.

History of Presidential Decrees

KH Saifudin Zuhri told me that one day in July 1959 at 1:30 a.m., he was called by KH Idham Chalid. To Zuhri, Kiai Idham Chalid asked him to come to his house on Jalan Jogja 51 in the early hours of the same day, related to the planned arrival of two very important officials. At 2:00 a.m., Zuhri arrived at Kiai Chalid's house. Shortly there came two important officials, none other than General A. H Nasution, Army Chief of Staff / Minister of Security and Defense, and CPM Lt. Col. R. Rusli, CPM Commander (Military Police Corp) throughout Indonesia.

The two army officials sought advice from two NU figures regarding their planned departure to meet Sukarno who was on treatment in Japan. From the army at that time, he wanted to propose to President Soekarno that the 1945 Constitution be reinstated through a Presidential Decree. Related to this, two military officials asked NU leaders to give what material would be included in the decree (as Soekarno knew when it embraced NU and was hostile to Masyumi in his administration).


"The contents are up to the government, but should pay attention to the voices of the Islamic groups in the Constituent Assembly," said Kiai Idham Chalid. "What is the concrete demand of the Islamic group," asked General Nasution. "In order for the Jakarta Charter to be recognized as an inspiration for the 1945 Constitution," Saifudin Zuhri answered. "What is the attitude of NU if the president takes a decree?" Nasution asked. "We cannot say, it is the president's right to take the path of saving the country," said Kiai Idham Chalid.


Indonesia and Islam

Why do Muslims in the sessions of the Constituent Assembly or Islamic figures in the Committee of Nine meetings insist on Islam as the basis of this country is very important? In his dissertation at the University of Indonesia, Prof. Dr. Rifyal Ka'bah explained that in truth, Islamic law had been applied on Indonesian soil for hundreds of years, long before Christian invaders came to this country. Sultan Malikul Zahir from Samudera Pasai, for example, was known as an expert in religion and Islamic law which was famous in the mid-14th century AD. In this kingdom Syafii madzhab Islamic law was applied and distributed to other Islamic kingdoms in the archipelago.

Many jurists write various books about Islamic law to be guides on Islamic law in the community. In 1628, Nuruddin ar Raniri wrote an Islamic law book entitled Shirath al Mustaqim, The book was the first Islamic law book to be distributed in the archipelago. Sheikh Arsyad al Banjari expanded the description of the book in his work Sabilul Muhtadin, as a guide to resolving legal issues in the Sultanate of Banjar. In various Islamic kingdoms, such as Banten, Palembang, Demak and so on are also enforced by Islamic law. So during the heavy burden, before the arrival of Dutch Christian invaders, Islamic law was indeed a positive law in many parts of the archipelago. The Dutch always block the implementation of Islamic law in Indonesia. The Diponegoro War (1825-1830) occurred because the Dutch impeded the application of Islamic law in Java. Prince Diponegoro and his friends demanded the adoption of Islamic law in Java.


Mohammad Natsir cautioned, "We expect Pancasila in its journey of seeking content since it was launched, it will not be filled with teachings that oppose the Qur'an, divine revelations that have for centuries become flesh and blood for the majority of our nation. And he should not also be used to oppose the rules and teachings contained in the Qur'an, namely the parent of all precepts, which for Indonesian Muslims to become life guidelines and guidelines for their death, which they want to contribute to fostering the nation and state, with parliamentary and democratic walks. "


Nuim Hidayat
Insists Researcher, Az Zahra University Lecturer, Jakarta


Fimadani/The Truth Seeker Media


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