Sharia Law in Indonesian Local Context: Motivation and Implementation, Case: Banten, West Java, South Sulawesi and Aceh.
By: Fauzan Zidni, Lee Kuan Yew School of Public Policy, National University of Singapore
I. Introduction
Based on Law 22/1999 on local government and decentralization, greater autonomy in deciding and conducting the development process was granted to local governments in Indonesia. At the same time, the rise of Islamist movement within new democratic atmosphere after the fall of New Order regime has been a great chance for them to offer something different to the citizen. The issue of implementing Islamic sharia law became one of important issues at the local level.
The main purpose of this paper is to explain the motives both ideological and historical behind implementation of sharia by many various actors in local context. Secondly, it will discuss how it is implemented and the reaction from other political actors. Thirdly, it will compare Aceh, South Sulawesi, Banten and West Java cases. And finally it will give the impact of sharia implementation to the society as a conclusion.
By: Fauzan Zidni, Lee Kuan Yew School of Public Policy, National University of Singapore
I. Introduction
Based on Law 22/1999 on local government and decentralization, greater autonomy in deciding and conducting the development process was granted to local governments in Indonesia. At the same time, the rise of Islamist movement within new democratic atmosphere after the fall of New Order regime has been a great chance for them to offer something different to the citizen. The issue of implementing Islamic sharia law became one of important issues at the local level.
The main purpose of this paper is to explain the motives both ideological and historical behind implementation of sharia by many various actors in local context. Secondly, it will discuss how it is implemented and the reaction from other political actors. Thirdly, it will compare Aceh, South Sulawesi, Banten and West Java cases. And finally it will give the impact of sharia implementation to the society as a conclusion.
II. Motivation behind Sharia Law
The idea of implementing sharia has been developing rapidly at the local level since early 2000 and it refers to Law 22/1999 as a basis for sharia regulation. Interestingly, autonomy laws specifically stated that religion remains a central government’s matter and province or municipal governments don’t have authority in this area.[1] Nevertheless, the central government has never proscribed local government from implementing sharia law. Moreover, there are many reasons for local elites to implement sharia law. It has been viewed as a product of Indonesia’s historical and political context, the ideological reason for some Islamist movements is that Islam’s seen as the only solution, and as a political populist strategy.
II.a Historical Reason
Indonesia has the largest Muslim population of any country.[2] It has 177.5 million Muslim or 88.2 percent of the total population.[3] This big number is created by long history of Islam penetration to Indonesia. It first came to Indonesia since the thirteenth century in north Sumatra and east Java and by the seventeenth century it has been accepted within most communities throughout the archipelago. In that period many Islamic kingdoms have implementing sharia.
During the colonial era, Muslim community had made the Dutch feared undermining their authority in the colony. Almost all of the fighters against the colonial government were Muslim and had used Jihad in the name of Allah and their freedom. Responding to this situation and to conquer Aceh,[4] Dutch Scholar, Snouck Hurgronje proposed two approach to control the situation. First, to suppress any overtly political expression of Islam, and second, not to interfere with other aspects of the Islamic faith, including the hajj.[5] He had suggested the Dutch respect Islamic Law with regards to personal and family matters.
Later on, since 1920s the debate whether Islam will be the ideological basic for Indonesia after independence, happened among the youth leaders. Sumpah Pemuda declaration on October 28 1928 presented the unity within one blood-tie, the Indonesian homeland, one race – the Indonesian nation, one language – Bahasa Indonesia. The idea of Islam as a foundation for future Indonesia was not agreed by many of the people at that time.
The struggles to implement sharia then continue in the Preparatory Committee for the Indonesian Independence (BPUPKI). This was a very important phase because it was directed at obtaining formal legislation and was believed to be able to give a constitutional foundation for the impelentation of Sharia in Indonesia. During writing process of the 1945 Indonesian Constitution, eastern Indonesian Christians spread threat to get themselves separated from Indonesia if the preamble of 1945 Constitution contained a phrase that would politically obligate all Indonesian Muslims to practice their religious duties (Jakarta Charter). In respond to their pressures, PPKI excluded the words and left the article with only phrase of “a belief in one God”. The minority non-Muslim politicians had backup from the secular nationalist.[6]
In Liberal Democracy era (first phase of old era), 40% total share Islamic parties in parliament had attempt to defend basic state conceptual as a religion. Since they didn’t garner the two-third majority, the debate in Constituent Assembly between Nationalist and Islamic group on the Jakarta Charter heated up. Constituent Assembly stuck in a long debate to amend the constitution. Left with no option, President Soekarno had to end the dispute with an abolishment for Constituent Assembly and reverted back to 1945 Constitution.
Furthermore, the New Order era under Soeharto set Pancasila as the sole foundation (asas tunggal) of all political parties, social and religious organization in Indonesia. Any aspiration to restore Jakarta Charter was seen as an attack on the ideological foundation of the state. Many Muslim activists were jailed that time. In 1990s Soeharto got close to Muslim.[7] After the fall of Soeharto regime, Islamist political parties burgeoned.
For many Indonesian Moslems, political influence is thought to be the right way to reach the goal of implementing sharia law. The new Islamist political party such as PK (become PKS later) and PBB emerged in 1998 to push the amendment of 1945 Constitution to include sharia law. With control over 20 percent of the parliament the new and old Islam political party tried to include article 1 Jakarta’s charter. However, three times they tried in 2000, 2002 and 2004, they failed.[8]
Following this situation, some of Islamist parties decide not to bring this issue to national level. There are several reasons, one of them is to bring this issue to local contest because it’s easier to implement. Therefore, as Anies Baswedan said, the focus is no longer on how to bring Islam into the foundation of the state, but how to bring Islamic coloration into policies produced by the state.[9] The attempt to implement sharia shifted then from Islamist party to another actor such as individual in local context and Islamist Organization (such as KPPSI). It also shifted from national level to regional and local level.
II.b Ideological Reason
Despite the historical reason, ideology has been the main reason for implementing sharia based on Al Qur’an and As Sunnah. Islamist believes that Islam is the only solution for every single problem in Indonesia. They also believe that the future of Indonesia democracy is highly determined by Islamic factor and it can only prevail if the democratic value explicitly articulated are compatible doctrine of Islam ideologically.[10]
Based on this argument, implementing sharia can be done in two ways, culturally and structurally. It can be done by strengthening cultural and intellectual base to support the vertical mobility and keeping Muslim in pious condition, and structurally, by involving Muslim in political action. Adopting sharia and Islamic value within law and regulation or changing the basic ideology of the state with the Islamic one can only be a solving in political way and limited in term of constitution. [11]
The ideological argument and the necessity through cultural and structural way has been motivated Islamists to enter politics and offer something different to the citizens. Another argument of having sharia is the fact that the rise of political Islam has helped to decrease Islam fundamentalist and extremist movement.
However, the typology and the aim of many Islamic or Islamist movement has created several results. Especially what’s been happening in local context, which is most of them confronted each other. From graph 1 we can see the typology in objective and tactics of Islamic and Islamist group in Indonesian political arena. This typology in ideological term is different with the reality, particularly when pragmatism came. PKS, for instance, has never introduced sharia law in their region.[12] Opposite to that, Golkar and PKB has been introduced sharia law in some of their regions. Adang Darajatun, PKS in Jakarta’s local election for instance, has tried so hard to influence public that if they win, they won’t introduce sharia law such as closing the night entertainment, disco, etc.
II.c Political Populist Strategy
Historical and ideological reasons in some cases may not be the only reasons for implementing sharia. Another reason is the electoral success in case of individual candidates or political parties can secure if they seen as to champion Islam. The reason behind these motives is the direct election in local context for mayor and regent. They use populist issue in term of getting support from the voters. In many areas that have been known for their Islam devotee population, candidates use Sharia as a campaign platform.[13] Popular support effort sharia law tends to be more symbolic than concrete in many case.
III Decentralization and Implementing Sharia Law
The implementation of decentralization policy has raised the growing aspiration for the full implementation of sharia by local law and rule as its legal basis. After Aceh, there are some regions such as South Sulawesi, Cianjur and Tasikmalaya in West Java, Banten, West Sumatra and South Kalimantan started since 2003.[14]In 2005, there were 13 regencies demanding sharia law. By February 2007, 53 or more than 10% of all Indonesian regencies are living life under some form of Islamic-inspired law. If this trend continues with the same rate, in 2011, more than half of all regencies in Indonesia will have sharia law.[15] This part will discuss some of the region and indicated the motives and the reaction from other political actors.
The implementation of decentralization policy has raised the growing aspiration for the full implementation of sharia by local law and rule as its legal basis. After Aceh, there are some regions such as South Sulawesi, Cianjur and Tasikmalaya in West Java, Banten, West Sumatra and South Kalimantan started since 2003.[14]In 2005, there were 13 regencies demanding sharia law. By February 2007, 53 or more than 10% of all Indonesian regencies are living life under some form of Islamic-inspired law. If this trend continues with the same rate, in 2011, more than half of all regencies in Indonesia will have sharia law.[15] This part will discuss some of the region and indicated the motives and the reaction from other political actors.
III.a Aceh
Aceh differed in some ways with other sharia law cases in Indonesia. The dissimilarity is not only because it is special autonomy region and new political developed between central government and GAM Insurgent, but also its long history for implementing sharia even before the independence of Republic of Indonesia.
The implementation of sharia laws in Aceh have been there since before Indonesia’s independence. Since the Aceh’s Sultanates, sharia and adat co-existed and they were difficult to distinguish. The correlation between sharia and adat is comparable to the link between the essence of something and it’s characteristic.[16] Dutch colonial rule made a demarcation between Islamic sharia and adat. After the independence of Indonesia, adat law has eliminated by central government, while limited area of sharia law still continued under state courts.[17]
The special autonomy status was given to Aceh in 1959, after the Darul Islam rebellion in 1953 led by Daud Bereueh. It gave greater degree of autonomy from the central government in Jakarta than most other regions of Indonesia have. In October 1999, President Habibie gave Aceh Special regional status (UU No.44/1999). In term of sharia, the law allowed the implementation of sharia in social life, but it did not allow for the establishment sharia court. Then, in August 2001, President Megawati signed UU No. 18/2001; this law gave Aceh special autonomy status and the authority to establish sharia courts. The Majelis Permusyawaratan Ulama (MPU, Ulama Consultative Council) became a body which is responsible for drafting a Qanun (Islamic Law Code), and DPRD (local parliament) Aceh will ratify it.[18] Between 2002-2006 there were 36 Qanun written and becoming the operative law for Muslim in Aceh.[19]
The main argument that implementation of sharia law in Aceh is differed because the central government has recognized it as the official law for Aceh and it is the only one with this formal status. However, there are many pro and cons opinion of sharia law in Aceh. First, fundamental change such as implementation of sharia law in Aceh happened in a conflict situation. Question occurred because many Acehnese desire for Islamic law since the independence of Indonesia, and it has happened when the situation under conflict. Many people believed sharia as only political maneuver from central government to control conflict.[20]
III.b South Sulawesi
South Sulawesi has been known as strong Muslim territory. With 92 percent Muslim population, this area has Islamic insurgent history. Abdul Qahar Mudzakar is the leader of Negara Islam Indonesia/Tentara Islam Indonesia, an insurgent who used arm and force for sharia implementation in 1950-1960. And now, his son, Abdul Aziz Kahar Mudzakkar is chief of the Preparatory Committee for the Implementation of Sharia (KPPSI) argues that the special autonomy granted to Aceh including the implementation of sharia has paved the way for another province to demand the same status.[21] He’s not alone though, with all mayor and regents in the province have expressed their willingness to apply sharia in their area.[22] KPPSI has tried to introduce sharia to the province since 1999.
The text of South Sulawesi draft sharia code was prepared by KPPSI in December 2001. The purpose of the draft is to outline a method for the enforcement of Islamic sharia in South Sulawesi. The document assumes the existing formal structure of the unitary of Republic Indonesia, refers to 1945 Constitution and the laws of RI. There’s no call for Islamic state. KPPSI is a small, self-appointed body claiming some degree of ideological inheritance from earlier Muslim activists including Abdul Aziz father.[23] KPPSI now sees local autonomy as the way to achieve sharia.[24]
It voices became even louder in recent year following three Islamic Congress meetings in 2001, 2003 and 2005. It has prepared its own regulations for regencies.[25] The text was submitted to the provincial parliament of South Sulawesi for implementation in 2001. But it has not yet been implemented. It is an interesting example of a local code, but it is specifically focused on the whole province of South Sulawesi rather than the lower district level. However, it claims to be inspired by local culture as well as sharia.[26] The KPPSI’s sharia draft code has had a diverse response in South Sulawesi. Some of them see they have tried to forge with political institutions there to reflect the political motivation of the proponents of the code.[27] Political institutions such as the governor, regent, mayor, bureaucracy, police, etc.
However, the most interesting in this case is not in term of the text that they proposed. It is very important to notice that the struggle of power to implement the sharia law in South Sulawesi is determining its development. First, the plural understanding of Islam among society and the elite also create difficulty to implement it. Furthermore, because the KPPSI is more to be categorized as a social moral case rather than political power which has authorize to implement sharia by law.
Second, the disagreement has risen from many actors against KPPSI, particularly from the liberal Muslim. Qasim Mathar, one of them comment that KPPSI urge to continue Kahar Muzdakar and NII/TII values, which was left trauma among citizen and went against sharia with the rebellion. And the involvement of many political group and local MP do not deal with issues critically, but rather than because the entire politician are afraid if they reject KPPSI demands they will lose the vote in 2004 elections.[28] Furthermore, KPPSI itself, know that there is opposition to sharia within the province. In order to face this problem they are emphasizing peaceful, cultural and structural approaches to explain the benefits of sharia. This argument has been refused by the opposition such as non Muslim community group, women’s organization. They asked KPPSI to more respond to question on pluralism and women’s right. Because in many other region it’s seems to be biased against Woman.[29]
South Sulawesi local election recently shows that the winner is nationalist coalition (Syahrul Yasin Limpo form coalition of PDIP-PAN-PDK-PDS) beat the incumbent governor from Golkar-PKS coalition. Meanwhile, Abdul Aziz Qahar Muzakar, from Islamic party coalition was in the last position.[30] The winning of Syahrul Yasin Limpo from secular coalition and the split of Islamist group particularly between Abdul Azis and PKS showed that more time is needed to see the unity of Islamist.
South Sulawesi has been known as strong Muslim territory. With 92 percent Muslim population, this area has Islamic insurgent history. Abdul Qahar Mudzakar is the leader of Negara Islam Indonesia/Tentara Islam Indonesia, an insurgent who used arm and force for sharia implementation in 1950-1960. And now, his son, Abdul Aziz Kahar Mudzakkar is chief of the Preparatory Committee for the Implementation of Sharia (KPPSI) argues that the special autonomy granted to Aceh including the implementation of sharia has paved the way for another province to demand the same status.[21] He’s not alone though, with all mayor and regents in the province have expressed their willingness to apply sharia in their area.[22] KPPSI has tried to introduce sharia to the province since 1999.
The text of South Sulawesi draft sharia code was prepared by KPPSI in December 2001. The purpose of the draft is to outline a method for the enforcement of Islamic sharia in South Sulawesi. The document assumes the existing formal structure of the unitary of Republic Indonesia, refers to 1945 Constitution and the laws of RI. There’s no call for Islamic state. KPPSI is a small, self-appointed body claiming some degree of ideological inheritance from earlier Muslim activists including Abdul Aziz father.[23] KPPSI now sees local autonomy as the way to achieve sharia.[24]
It voices became even louder in recent year following three Islamic Congress meetings in 2001, 2003 and 2005. It has prepared its own regulations for regencies.[25] The text was submitted to the provincial parliament of South Sulawesi for implementation in 2001. But it has not yet been implemented. It is an interesting example of a local code, but it is specifically focused on the whole province of South Sulawesi rather than the lower district level. However, it claims to be inspired by local culture as well as sharia.[26] The KPPSI’s sharia draft code has had a diverse response in South Sulawesi. Some of them see they have tried to forge with political institutions there to reflect the political motivation of the proponents of the code.[27] Political institutions such as the governor, regent, mayor, bureaucracy, police, etc.
However, the most interesting in this case is not in term of the text that they proposed. It is very important to notice that the struggle of power to implement the sharia law in South Sulawesi is determining its development. First, the plural understanding of Islam among society and the elite also create difficulty to implement it. Furthermore, because the KPPSI is more to be categorized as a social moral case rather than political power which has authorize to implement sharia by law.
Second, the disagreement has risen from many actors against KPPSI, particularly from the liberal Muslim. Qasim Mathar, one of them comment that KPPSI urge to continue Kahar Muzdakar and NII/TII values, which was left trauma among citizen and went against sharia with the rebellion. And the involvement of many political group and local MP do not deal with issues critically, but rather than because the entire politician are afraid if they reject KPPSI demands they will lose the vote in 2004 elections.[28] Furthermore, KPPSI itself, know that there is opposition to sharia within the province. In order to face this problem they are emphasizing peaceful, cultural and structural approaches to explain the benefits of sharia. This argument has been refused by the opposition such as non Muslim community group, women’s organization. They asked KPPSI to more respond to question on pluralism and women’s right. Because in many other region it’s seems to be biased against Woman.[29]
South Sulawesi local election recently shows that the winner is nationalist coalition (Syahrul Yasin Limpo form coalition of PDIP-PAN-PDK-PDS) beat the incumbent governor from Golkar-PKS coalition. Meanwhile, Abdul Aziz Qahar Muzakar, from Islamic party coalition was in the last position.[30] The winning of Syahrul Yasin Limpo from secular coalition and the split of Islamist group particularly between Abdul Azis and PKS showed that more time is needed to see the unity of Islamist.
III.c West Java and Banten
What had happened in West Java and Banten is another interesting part of development in local sharia law. The push for sharia implementation has grown stronger in recent year in at least three regencies in West Java, Cianjur, Tasikmalaya, and Indramayu. However, only Cianjur’s local legislative council has formally implemented it. It’s been four years since the implementation of sharia law in Cianjur. Islamic sphere can see in every aspect in the government body, school and among citizen. To wear Islamic way of dressing is a mandatory for bureaucrats in the government, this obligation is required in school as well. [31] Up to this moment, there isn’t any implemented sanction for the rule-breaker yet but recently local government is keenly socializing sharia law in order to create intense Islamic ambience in Cianjur.[32]
On the contrary, in Tangerang sharia law implementation has been heavily criticized. There have been serious problem in interpreting and implementing the law. Several cases of misinterpreting convicted for pornography doer took place. Moreover in this sharia law, prostitution matter viewed as a very ineffective issue since anyone with likeliness of doing prostitution is objected to the law. Most of female population in Tangerang strongly opposed this idea.
Not only that that, local government in Tangerang also planned to discouraging trading activity in Friday especially in Friday Prayer timing. Tens of regular hawkers in Masjid Agung Pasar Anyar Tangerang rejected the conception knowing it will cut off their weekly income. In Indramayu, West-Java, Bupati ordered the people to recite Quran for 30 minutes before working hour and fast every Monday and Thursday. Meanwhile, kabupaten Maros in South Sulawesi made a mandatory for student to be able to recite Al-Quran. Bureaucrats, as well, will be promoted to higher level if they know the manner of carrying Al-Quran.[33]
Law practitioner Adnan Buyung Nasution stated that implemented sharia laws in some regions obviously don’t get along together with existed constitution. According to Buyung, shariah idea must be put aside vis-à-vis Undang-Undang Negara. Albeit the majority, the muslim population is obliged to respect minorities rights as mandated in UUD.[34]
Mayor Wahidin Halim, in Tangerang acknowledgement of the problem, said that his administration had submitted a draft of guidelines on enforcement of the by-law in order to prevent any more wrongful arrests. He added he would take stern measures against any officers who erred in the enforcement of the law. While debating on this issue, many NGO and individual bring this case the Supreme Courts.[35] However, on16th April 2007, the Supreme Court has ruled that the Tangerang law against prostitution is valid and not in conflict with higher laws.[36]
What had happened in West Java and Banten is another interesting part of development in local sharia law. The push for sharia implementation has grown stronger in recent year in at least three regencies in West Java, Cianjur, Tasikmalaya, and Indramayu. However, only Cianjur’s local legislative council has formally implemented it. It’s been four years since the implementation of sharia law in Cianjur. Islamic sphere can see in every aspect in the government body, school and among citizen. To wear Islamic way of dressing is a mandatory for bureaucrats in the government, this obligation is required in school as well. [31] Up to this moment, there isn’t any implemented sanction for the rule-breaker yet but recently local government is keenly socializing sharia law in order to create intense Islamic ambience in Cianjur.[32]
On the contrary, in Tangerang sharia law implementation has been heavily criticized. There have been serious problem in interpreting and implementing the law. Several cases of misinterpreting convicted for pornography doer took place. Moreover in this sharia law, prostitution matter viewed as a very ineffective issue since anyone with likeliness of doing prostitution is objected to the law. Most of female population in Tangerang strongly opposed this idea.
Not only that that, local government in Tangerang also planned to discouraging trading activity in Friday especially in Friday Prayer timing. Tens of regular hawkers in Masjid Agung Pasar Anyar Tangerang rejected the conception knowing it will cut off their weekly income. In Indramayu, West-Java, Bupati ordered the people to recite Quran for 30 minutes before working hour and fast every Monday and Thursday. Meanwhile, kabupaten Maros in South Sulawesi made a mandatory for student to be able to recite Al-Quran. Bureaucrats, as well, will be promoted to higher level if they know the manner of carrying Al-Quran.[33]
Law practitioner Adnan Buyung Nasution stated that implemented sharia laws in some regions obviously don’t get along together with existed constitution. According to Buyung, shariah idea must be put aside vis-à-vis Undang-Undang Negara. Albeit the majority, the muslim population is obliged to respect minorities rights as mandated in UUD.[34]
Mayor Wahidin Halim, in Tangerang acknowledgement of the problem, said that his administration had submitted a draft of guidelines on enforcement of the by-law in order to prevent any more wrongful arrests. He added he would take stern measures against any officers who erred in the enforcement of the law. While debating on this issue, many NGO and individual bring this case the Supreme Courts.[35] However, on16th April 2007, the Supreme Court has ruled that the Tangerang law against prostitution is valid and not in conflict with higher laws.[36]
IV. Impact on Society
Sharia law whether in national or local level has been put great influence through the society in Indonesia. In national context, as we can see in Table 5, the impact of Zakat and sharia bank for instance, is very deep. After Majelis Ulama Indonesia issued fatwa that conventional bank is haram, the growth of sharia bank and the addition of sharia bank has increased rapidly. The basic sharia law such as marriage, divorce and inherence are also very important. Nevertheless, the title does not include “sharia” word.
On the other hand, local level implementation of sharia law is full of controversy. This idea has been refused by many NGO and secular political party like PDI-P. Tragic case of Lilis Lindawati, who was jailed in Tangerang for three days and branded as a prostitute merely for waiting to catch a bus after dark always became a reason for those who oppose sharia idea. Another argument such as sharia will destroy national unity and Pancasila, threatening Indonesia’s Constitution, also came up in debate among elite.[37] In Aceh, the political motives from central government to give more autonomy, especially in sharia implementation has been questioned.
However, the impact of the sharia law in local context is deeply important. Despite the political reason and its controversy, the idea is truly come from many people. Survey conduct by the Indonesia Survey Institute in 2006 found that 58% of Indonesians believed adulterers should be stoned, as is mandated by Islamic law, up from 39% five years before. In other survey conduct by LSI in the same year 69.6% of the 700 Indonesians polled favored a political system based on the current state ideology of Pancasila and only 11.5 % supported the establishment of Islamic State. But still, the 11.5 % is a market and have it political and social support.[38]
Moreover, the over reaction in implementation of sharia law in many region perhaps because the society isn’t ready yet for it. While the regulation increasing power for the local authorities over the public behavior of Muslim residents in the local area. Furthermore, the power of local leaders is extended considerably because they have authorized to intervene in public morality area in the name of social stability.[39] In spite of that, the local government should learn from AKP’s policies in Turkey. They banned alcohol drinks in the state agencies and restricted the alcohol consumption in public sphere. Hence, AKP said it was for the citizen health and reducing in public health expenses.[40] Meanwhile, Singapore success experience of having canning law to make shame for the criminal has been done without sharia.
[1] Greg Fealey and Virginia Hooker, Voices of Islam in Southeast Asia: A Contemporary Sourcebook, (Singapore: ISEAS, 2006) pg 193
[2] According to Encyclopedia Britannica Book of the year, 2003, Pakistan is the next largest number of Muslim with 140 million, followed by India (123 million), Bangladesh (112 million) and turkey with 65 million.
[3] Leo Suryadinata, Indonesia’s Population (Singapore: ISEAS, 2003) page 103-112.
[4] Aceh is the last region in Indonesia conquered by Dutch.
[5] Benda, South East Asian Islam in Twentieth Century, in PM Holt, the Cambridge History of Islam vol.2. (Cambrideg: Cambridge University Press, 1970), 20-30
[6] Nadirsyah Hosen, Sharia and Constitutional Reform in Indonesia (Singapore: ISEAS, 2007) pg 60
[7] Ibid, pg 70
[8] Van Zorge Report on Indonesia, Creeping Sharia, Vol VIII, No 8, May 9, 2006, pg 6-17
[9] Anies Rasyid Baswedan (2004). “Political Islam in Indonesia: Present and Future Trajectory” Asian Survey, September/October 2004, Vol. 44, No. 5, Pages 669-690
[10] Suharna Surapranata, Platform Kebijakan Pembangunan PKS (Jakarta: MPP PKS, 2007) pg
[11] Ibid
[12] Interview with Zulkiflimansyah (PKS Activist) via SMS. 16 November 2007, 17:34
[13] Van Zorge Report on Indonesia, Creeping Sharia, Vol VIII, No 8, May 9, 2006, pg 6-17
[14] Gairah Syariat Islam di Berbagai Daerah. Suara Hidayatullah, July 2000
[15] http://www.theindonesianinstitute.org/pers082407.htm#_ednref6
[16] Lukman Munir, Menuju Revitalisasi Hukum dan Adat Aceh. (Banda Aceh: Yayasan Rumpun Bambu, 2003) pg
[17] Arksal Salim, Dynamic Legal Pluralism in Modern Indonesia: The State and the Sharia (Court) in changing Constellations of Aceh. Paper Asia Research Institute and BRR
[18] Fealey, Op Cit pg 188
[19] http://www.nad.go.id/index.php?option=isi&task=view&id=2881&Itemid=472, access on 15 November 2007, 13:30
[20] Fealey, Op Cit pg 192
[21] Otonomi Khusus Aceh dan Sulsel, Fajar, 2 June 2000.
[22] Ibid
[23] Fealey, Op Cit pg 183
[24] Fealey, Op Cit pg 184
[25] Van zorge
[26]http://www.futureislam.com/20050701/insight/Wahyuddin_Halim/Shariah_Implementation_in_South_Sulawesi_prn.asp access on 16 November 2007, 15:30
[27] Fealey, Op Cit pg 1986
[28] Qashim Mathar, Sharia:Comparative Perspective, in Burhanudin, Syariat Islam: Pandangan Muslim Liberal (JIL and Asia Foundation, Jakarta: 2003) page 237-239
[29] Zan Vorge
[30] http://www.fajar.co.id/news.php?newsid=44872 , access on 16 November 2007, 15:45
[31] http://www.mail-archive.com/eskol@mitra.net.id/msg00357.html,
[32] http://teguhtimur.wordpress.com/2006/06/23/perda-syariah-alternatif-membangun-moral-bangsa/
[33]http://www.mail-archive.com/eskol@mitra.net.id/msg00357.html,
[34] http://www.almuhajirun.com/diskusi/viewtopic.php?t=72&sid=865d1eb3ec869dfb7aecda5328537eb1
[35] http://kompilasiriset.blogspot.com/2007_02_09_archive.html
[36] ?
[37] Arsekal Salim and Azyumardi Azra, Politics in Modern Indonesia (Singapore: ISEAS, 2003) pg
[38] Majority of Indonesians Oppose Islamic Law, Western Democracy. Kyodo News, 25 Agustus 2006.
[39] Fealey, Op Cit, pg 192
[40] Hanna Taufik, Political Islam in Contemporary Turkey, background paper for political Islam and governance class.
