Question: Can you comment on the growing trend of regional bylaws advocating strict Islamic teachings?

Answer: If the majority population of a province or regency is Muslim or Christian or Hindu, I think there will not be any issue when local leaders want to issue bylaws that require their majority to be more disciplined in applying the religious teachings. However, having such bylaws will mean that several requirements need to be fulfilled before the issuance, to avoid igniting religious disharmony. First, they can only be applied in a homogenous society. They should not discriminate the minorities and cause public disturbance. Second, the bylaws must also comply with higher regulations and laws, and should not depict sharia words.

But at the implementation level, such bylaws tend to discriminate the minorities. How do you respond
to this?

Only a religious-group majority, targeted by the bylaws, must comply with them. People with different religions to those regulated by the bylaws must be excluded. In cases related to religious bylaws in West Sumatra, there are no measures taken against the minorities to force them to comply with such bylaws.

What is actually igniting the growing trend in the issue of sharia-based bylaws by local leaders?

The trend stretches back to 2001 after the full implementation of the regional autonomy law. Regional leaders have more say and authority in managing their own territory, and structural and commanding relation with the central government is coming unstuck. In some cases, the regional leaders are forced by the public to issue the sharia-based bylaws or they won’t gain second-term votes.

But let me underline this, such bylaws are not for the minorities. When I was the regent of Muslim-majority Solok, the people there requested me to issue such bylaws in order for them to be more faithful to their religious teachings. It’s unlike in Hindu-majority Bali where minorities are also requested to comply with the local bylaw related to the Nyepi celebration. There, Muslims must also stay home and halt all activities during the celebration. And I don’t see similar bylaws applied in any other places.

How can the central government ensure that religious-based bylaws will not weaken tolerance and
pluralism?

People can report their opposition to any religious bylaws to their councilors. Based on the existing laws, bylaws cannot be passed unless they are endorsed by councilors.

If no progress is seen at this level, the public can report it to the governors or to my ministry. But there are no legal tools for the governor and us to force the regencies or municipalities to revoke the bylaws other than by appealing them through recommendation notes.

The central government can only revoke bylaws related to the business and economy because there is already a closed list of what is allowed and prohibited.

In order to anticipate the issue of bylaws that can disturb religious harmony, there is a regulation requesting regents or mayors to first consult with their governors before passing the bylaws.

But the governors cannot officially ban the issue, they can only provide recommendations. My ministry has actually received several reports of religious-based bylaws that may weaken tolerance and pluralism.

But we can only appeal to the regions not to proceed with such bylaws. From what I’ve experienced, there is actually no opposition to such bylaws from the community in general. I think it’s just people
in Jakarta who are making a fuss out of it.

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