Nurfika Osman

Ministry Targets Religious Bylaws

The Ministry of Justice and Human Rights is drafting a presidential decree aimed at revoking 154 bylaws considered discriminatory, the head of legislation at the ministry said on Tuesday.

“We are drafting a presidential decree which will harmonize regional regulations with national laws and revoke discriminatory bylaws,” Agus Purwanto told the Jakarta Globe.

He added the bylaws were considered to target against women and minorities.

“These bylaws should have been based on human rights parameters so that there are no more discriminatory bylaws.”

Agus noted that the Home Affairs Ministry had already distributed memorandums to regional administrations in regard to revoking the bylaws.

Kamala Chandrakirana, chairwomen for the National Commission on Violence Against Women (Komnas Perempuan), said on Tuesday that the commission was scheduled to meet with President Susilo Bambang Yudhoyono on the elimination of the bylaws.

“The bylaws violate the Constitution and are unacceptable. Sixty four of them discriminate against a woman’s right to freely express herself and her right to gainful employment,” Kamala said. “We are questioning the President’s commitment to align regional bylaws with national laws.”

She said that some of the worst bylaws relating to human rights were Aceh’s stoning-to-death penalty for adulterers and the 100 lashes for people caught engaging in premarital sex or committing homosexual acts.

“The various reasons for issuing these bylaws are either about ‘manifestations of religious teachings,’ ‘to boost someone’s faith,’ or ‘to create regions with Islamic characteristics.’ They are discriminatory,” Kamala said.

The bylaw proclaimed by the Pesisir Selatan district in West Sumatra demanding that female employees and high school girls wear Islamic clothing, is an example of discrimination against women, she said.

“That bylaw controls what is worn on the body of a woman.”

Another bylaw, issued by the Indramayu district of West Java on prostitution, defined the act as one conducted by a “woman” who has sexual relations and receives money or other materials in exchange.

“This definition is based on the assumption that all prostitutes are women,” she said.

The commission classifies the discriminatory bylaws into categories, such as criminalizing of women, controlling a woman’s body, restrictions on religious expressions and religious rituals.

Your View

See Result