Jakarta - Regional administrations are racing to create ordinances based on moral, cultural and religious values even though the regulations can not be implemented for all people, a legal expert said Tuesday.
"After the 2004 law on regional administrations was passed, most regional administrations seem in a race to issue local ordinances, mostly based on morality, cultural and religious values," Maria Farida Indrati, a professor at the School of Law at the University of Indonesia told a discussion titled "Women and the Constitution in the Era of Regional Autonomy".
She said such values did not have to be embodied in written regulations because the law on the 1945 Constitution acknowledges two kinds of laws: written and unwritten.
"Unfortunately, since the 1945 Constitution was amended (four times since 1999-2002), many people believe this is no longer applicable," she said.
Maria said that even though the Constitution had been amended, the law on it was still applicable legally because it explained all of the contents of the Constitution, including its system, structure and preamble.
"This is what makes people want to turn all the unwritten laws into written ones," she said.
She cited sharia ordinances implemented by more than 30 regencies and municipalities that oblige women, among other things, to wear "Muslim" clothes, as an example.
"This is weird, how can a regulation control the way people dress," Maria said.
She said this could be a factor in triggering domestic violence.
"If something happens to a woman or a wife, this can be a reason for the husband to put the blame on his wife," she said.
Secretary-general of the Indonesian Women`s Coalition for Justice and Democracy, Masruchah, said local ordinances should be applicable for everybody.
"Talking about ordinances that require women to wear Muslim clothes, we should think from a wider perspective," she said, herself wearing a veil.
"Are they comfortable wearing such clothes and is every woman in the region Muslim?"
Masruchah reminded regional administrations that Indonesia was not a Muslim country and that the Constitution did not mention any Islamic-related policies.
"Most regional ordinances contradict higher laws. This makes us seem not very serious about deliberating regulations," she said.
Maria agreed with Masruchah, saying Indonesian legislators would keep deliberating a law once it had been included in the national legislation program even if they knew the law was not really necessary.
"That makes many laws end up just as paper without any real implementation," she said.
Source: www.thejakartapost.com (29 November 2007)
