In this second of our two-part episode, we continue our discussion on the Indonesian Constitutional Court’s (Mahkamah Konstitusi, or MK) recent decision to hear arguments for a “judicial review” of the country’s Criminal Code (Kitab Undang-Undang Hukum Pidana, or KUHP) in order to add new laws that will criminalize pre-marital sex/sex outside of marriage (as adultery) and LGBT relationships. The review was brought forth by several Islamic pro-family groups, the most prominent of which is AILA Indonesia, or Aliansi Cinta Keluarga (Family Love Alliance).
We focus on AILA’s contention that their particular reading of Islamic law should be the basis for Indonesia’s criminal law, and that their version of islam is what is truly Indonesian. We continue our conversation with Pramudya Oktavinanda, who uses his background and focus in Islamic law to explain the real, academic interpretation around issues of morality in the case of pre-marital sex or sex outside of marriage (for example, Islamic law requires four male witnesses before one can make an accusation, and that the four witnesses did not wrongfully peep into the accused’s home). Pram also brings up AILA’s inconsistency with regards to what is the most serious sin in Islam, which according to him should be the issue of “riba,” or interest.
We also discuss what counts as truly Indonesian and whether Westernization or Arabization — both of which are imported values — qualify as the basis of what Indonesia and Indonesian values should be. We question the validity of whether one’s feelings of being offended or disturbed by the LGBT community and others’ consesual sex life as appropriate/reasonable legal grounds for changing the nation’s laws. If this is their logic, shouldn’t we be able to say, “I’m bothered by your stupidity” as well? Finally, we end with a call to action to those of us who are pro-democracy and bothered by this judicial review — that, while we appreciate and value the democratic ways in which AILA and others like it are pursuing their ideas, we must also stand up for democracy and our marginalized brothers and sisters and fight back against this discrimination, before it becomes a wave of hatred that spreads across our nation.
Thanks for listening!
PS: if you have not listened to our first episode, you can listen to it here, where we break down what the judicial review is, whether the Constitutional Court has any authority to change the laws of our country, and what are the potential consequences of a pro-AILA verdict.
NOTE: DUE TO THE COMPLEXITY OF THE TOPIC (islamic LAW), THIS EPISODE IS IN INDONESIAN. FOR OUR ENGLISH-SPEAKING LISTENERS, YOU CAN CHECK OUT OUR YOUTUBE CHANNEL, WHERE THIS EPISODE’S VIDEO WILL HAVE ENGLISH SUBTITLES. THANKS!
For those interested in learning more about the topic, we’ve provided links to resources as well as other recommended readings.
WHY INDONESIA, THE WORLD’S BIGGEST MUSLIM DEMOCRACY, SHOULD ACCEPT ITS LGBT CITIZENS — YENNI KWOK’S TIME ARTICLE ABOUT THE JUDICIAL REVIEW
The Issue of Riba in Islamic Faith and Law — the controversial Islamic moral & legal issue of riba, or interest
Punishment for Adultery in Islam — strict interpretation of “zina” or adultery in Islamic law
Resisting the Arabization of Islam in Indonesia — courtesy of the Huffington Post
The Rise of the Conservative Legal Movement: The Battle for Control of the Law — by Steven M. Teles
Critical Legal Studies — courtesy of Wikipedia
Law and Economics — courtesy of Wikipedia