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Contesting Womens Security and Perda Syariah: Have Indonesias Perda Syariahs Enhanced Womens Security?

Erwin Nur Rifah


Victoria University, Melbourne, Australia
Abstract: The debate on the topic of Syariah has become a sensitive issue in Indonesia, especially since the enactment of the regional autonomy Law in 2001 which gave district governments more power to manage their own regions. Subsequently, many districts in Indonesia have begun to implement Perda Syariah. During the introduction of Perda Syariah, one of the most prominent topics debated has been womens attire and security. This debate has mainly been about whether Perda Syariah enhances or threatenes womens security. This paper will explore definitions of human security and womens security, and examine the security of women under the implementation of Perda Syariahs in two districts of Indonesia: Cianjur in West Java and Bulukumba in South Sulawesi. This article argues that the implementation of Perda Syariah is not enhancing womens security, because understandings of the male-dominated decision makers about womens security is gender biased and not in accordance with womens perspectives. Keywords: Perda Syariah, security, human security, womens security

Introduction

There is no improvement in the womens security in fact that, it could jeopardize womens security, especially for women who are not wearing jilbab (Dian, 31, female Cianjur)

do they (the politicians) know what security isdo they know, to whom security belongs?...they were arguing about our security because they do not know that womens security belongs to each woman(Yuli, 26, Cianjur)

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These two quotes have been taken from interviews conducted during my research in two districts: Bulukumba in South Sulawesi and Cianjur in West Java. During the interviews, one informant asked me why I was researching this topic. After I explained my reason for doing such research to her, she replied by complaining that so many people, especially politicians, claimed that their policies secured and protected women but never asked womens opinions prior to making their policies. In this paper, I intentionally use many direct quotes from my interviews, particularly the female informants, to give them the opportunity to share their voices with others, because their opinions and experiences regarding women's security are very significant.

The global discourse about womens security has not yet been well developed, only starting in 2003 when the Commission of Human Security tried to define human security as protecting human vital freedoms. This means protecting people from critical and pervasive threats and situations by building on their strengths and aspirations, creating systems that give people the building blocks of survival, dignity and livelihood. They describe human security as connecting different types of freedoms freedom from want, freedom from fear, and freedom to take action on ones own behalf. However, this definition has been criticised by some scholars (Bunch 2004; Caprioli 2004; Chenoy 2005; Hoogensen & Rottem 2004; Hudson 2005), particularly those concerned with womens issues, as to whether this definition adequately cover womens security.

This paper discusses the problems of defining security by referring to the discussion and debate on womens security during the process and implementation of Perda Syariah1 in two districts in Indonesia. The discourse of womens security has mainly been debated between the supporters and opponents of Perda Syariah. Some supporters argue that the Perda Syariah enhances women's security, whereas their opponents argue that Perda Syariah creates discrimination against women and restricts their freedom. This paper is based on my PhD research in 2008, in which I
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Perda Syariah; Perda is an acronym of Peraturan Daerah which means regional regulation; Syariah is Islamic moral teaching. In this writing, I will use the term Perda Syariah to refer to Syariah-based regional regulation. Further definition about Perda Syariah will be explained in the next section.

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adopted qualitative methodologies within a case study approach. This approach does not attempt to generalize the phenomena, but rather examine the empirical data from particular cases (Stake 1999). The units of analysis were two districts in Indonesia: Cianjur (West Java) and Bulukumba (South Sulawesi). The selection of these two districts was based on several reasons. Firstly, both districts have enacted various categories of Perda Syariahs which have been designed to eradicate moral and social problems including the consumption of alcohol and prostitution; enforce ritual observances among Muslims; and govern the way people dress in the public domain. Secondly, the Perda Syariah in these two districts has been enacted for more than five years. This enabled me to observe and analyse the impacts of implementation of Syariah-based regulations, with particularly focus on women and womens security. Thirdly, political dynamics in the two districts are relatively complex and different from each other.

This paper is divided into five parts. The first part explains the nature of Perda Syariah to give an idea of the context of the problem. The second part elaborates womens security issues in the Indonesian political context. The third part discusses definitions of human security, which are then narrowed down into womens security. The fourth part explores impacts of the Perda Syariah on women, particularly on womens security. The fifth and final part explores womens own experiences and perceptions on security based on interviews conducted by the author in 2008.

The nature and origin of Perda Syariah By definition, Syariah-based regional regulations, known in Indonesia as Perda Syariah, are regulations or laws created by district governments using Islamic moral teachings as a reference point. In general, Perda Syariah aims to manage three aspects of public life: firstly, to eradicate moral and social problems such as prostitution, drinking alcohol and gambling2; secondly, to enforce ritual observances among Muslims such as reading the Quran, attendance at Friday prayers, and fasting during Ramadan; and thirdly, to govern the way people dress in the public sphere, especially in regard to head-veiling for women (Candraningrum 2006).

For the first category, there are still debates between women activists and politicians, whether the regulations about banning prostitution, gambling and alcohol is Perda Syariah or not.

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The enactment of Perda Syariah was made possible only after the second amendment of the Indonesias Constitution 1945 by the People Consultative Assembly during the reform order in 1998. The Assembly amended several Articles of the Constitution, including Article 18 which provides constitutional basis for the current Laws regarding regional autonomy in which every district or municipality is endowed authority to manage its own regional affairs. However, the Constitution outlines that the regional autonomy has to be implemented within the framework of Indonesia as a unitary state, which recognizes diversities, including ethnicities, cultures and five religions. Therefore, even though Indonesia is the worlds largest Muslim Majority country, it has never been an Islamic state. The governments from period to period have also never been dominated by leaders who have sought to identify the state with Islam (Porter 2002).

However, as a Muslim Majority country, it does not mean that the Muslim Political Elites have not attempted to introduce the discourse about Syariah Laws. They have done the efforts since as early as the Indonesian independence in 1945. According to Salim and Azra (2003), the Muslim leaders sought to insert a phrase in the preamble of the Constitution 1945 aiming at giving obligation to Muslim citizens to live according to Syariah Law. The preamble, which later became known as the Jakarta Charter, includes seven words: with the obligation to carry out Syariah for its adherents (dengan kewajiban melaksanakan syariat Islam bagi pemeluknya), which was considered to give a constitutional basis for application of Syariah in Indonesia (Salim & Azra 2003, pp. 4-5). However, the endeavor was unsuccessful because of strong resistance from both secular nationalists (most of whom were Muslim) and non-Muslim nationalists (Boland 1982).

The second attempt to introduce Syariah by the Muslim Elites was conducted in 1959. By then, the State life of Indonesia was based on the Provisional Constitution and the Constituent Assembly was in the process of debating the New Constitution. Again, during the debates in the Assembly, the Muslims Political Elites persistently demanded that the Syariah principles be clearly stipulated in the New Constitution. The idea was again strongly rejected by the secular nationalists (most of whom were Muslim) and non-Muslim nationalists. When the debate became harsh, the President at that time, Soekarno, issued a decree on 5 July 1959 which declared that the Womens security 4 18/01/2011

Constituent Assembly was resolved and the new constitution was no longer necessary because the State life of Indonesia returned to be founded on the Constitution 1945. This decree, however, left the debate over implementation of syariah unresolved.

The third attempt was made again in the early years of the New Order when the Islamic parties demanded the government to review the Jakarta Charter as an integral part of the preamble to the 1945 Constitution. The effort was again unsuccessful because the army would not permit such an issue to be discussed in the sessions of the Peoples Consultative Assembly in 1966-67 (Salim & Azra 2003).

Since then, Indonesia was under the New Order regime of President Soeharto for the next 32 years and during his administration, the Syariah issue had no chance to be raised in any session of both The People Consultative Assembly and the House of Representatives. Both houses were dominated by the military, the functional groups (Golkar) as the ruling group, and people from beuarocracy. Soeharto abolished the multiparty system and made all political parties be merged into only two parties, consisting of the United Development Party (PPP) as the fusion of all the Islamic Parties and the Indonesian Democratic Party (PDI) as the fusion of all the nationalist parties. Such condition left no openings for the Islamic groups to rise. Only after the fall of the New Order Regime did the Muslim groups regain their chances again.

Many scholars, such as Fealy (2005), Riddell (2005), Salim and Azra (2003) have observed that the fall of Soeharto in 1998 had opened new opportunities for numerous Muslims groups to implement Syariah in Indonesia, especially when Habibies government passed two laws to introduce regional autonomy.

However, Drakeley (2005) has argued that the elimination of the New Orders political constraints has not resulted in the transformation in the fortunes of political Islam that some expected. As Rumadi (2007) has observed, Islam is the dominant religion in Indonesia, however as a political power, Islamic parties have not been successful at the elections. The results of the general elections of 1999 and 2004 show that the proportion of Indonesian Muslims inclined to give their vote to clearly identifiable santri-based parties declined when compared with the pre- New Order Womens security 5 18/01/2011

period. In the 1955 elections, Islamic parties obtained 45.13 percent of the vote, while in 2004 they attracted only 21 percent (Rumadi 2007). These figures suggest a decline in Islams political influence, despite the fact that Indonesian Muslims appear to have become more santri3. Also, the secular parties, such as Golkar and the Indonesian Democratic Party of Struggle (Partai Demokrasi Indonesia-

Perjuangan/PDI-P), have adjusted their stance to attract santri elements (Effendy 2003; Salim 2003). Nonetheless, it is clear that the establishment of an Islamic state of Indonesia is not a priority for most Indonesian Muslims (Drakeley 2005; Salim & Azra 2003). The most recent general election, the legislator election 2009, provides further evident that Indonesian Muslims are not automatically in favour of giving their votes to Islamic parties. From around 10 Islamic political parties participating in the general elections, only four parties were successful to pass the parliamentary thresholds of 2.5% from the total national legitimate votes in order to have seats in the parliaments. These parties were the National Mandate Party/PAN with 6.01%, the Nation Awakening Party/PKB with 4.94%, the Justice Prosperous Party (PKS) with 7.88%, and the United Development Party/PPP with 5.32%.

In contrast to the limited electoral success of santri-based parties in national politics, since implementation of Regional Autonomy in January 2001, many districts, such as Enrekang, Gowa, Takalar, Maros, Sinjai, and Bulukumba in South Sulawesi, Indramayu, Tasikmalaya, Garut, Cianjur, Kota Depok, Cianjur dan Kota Tangerang in West Java, and Kota Padang, Solok, Bukittinggi in West Sumatra, Pamekasan in East Java, have enacted Perda Syariah, despite the fact of the provision in article 7 of Law No. 22/19994 that religious matters do not come under the authority of the district governments, but rather under the central government. Hence, district

governments avoid using the term Syariah. Instead, they frame the regulations in terms of upholding morality and order (Satriyo 2003).

However, as Rumadi (2007) argued, it has become the strategy of Islamic groups to use regional autonomy to enact Perda Syariah, particularly since their failure to
Santri is a term that commonly used in Indonesian literature to refer to a Muslim who practices Islam doctrines devoutly, as opposed to an abangan who is less devout. For detail, see Geertz, C. 1960 The Religion of Java. Chicago/London: University of Chicago Press 4 Law No. 22/1999 was revoked and replaced with Law No. 32/2004 regarding Local Government. However, quite a lot of materials in both Laws are still similar. The provision of Article 10 of Law No. 32/2004 also stated that religious matter still under the authority of central Government.
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achieve electoral success at national level. Abu Bakar Baashir, the former leader of Majelis Mujahidin Indonesia, has argued that Perda Syariah is one way to formalize Islamic Syariah in the legal system, if Muslims can not establish an Islamic state (Indonesian Conference on Religion and Peace 2007). Turning to the debate about Syariah, it is clear that, before 1999 most of the debates were conducted at national level about the nature of the Indonesian state. However, after regional autonomy in 1999, especially after many districts implemented Perda Syariah, the debate on Syariah has been focused on issues of human rights, especially womens security.

Womens security: the Indonesian Context In Indonesia, the discourse about womens security emerged in the early 2000s/milleniun era, when many districts in Indonesia implemented Perda Syariah. The implementation of Perda Syariah in some districts in Indonesia was one of some consequences of the enactment of the Regional Autonomy Laws No. 22/1999 and 25/1999, which were implemented in 2001. Since the implementation of these laws, local governments, consisting of district (kabupaten) and municipality (kota), have more power to make decisions to manage their regions and to allow the people to establish a democratic system which open wide participation of all citizens, including women, to improve social welfare (Erb, sulistiyanto & Faucher 2005; Harriss, Stokke & Tornquist 2005; Mulia, M 2007). The primary objective of regional autonomy was to give regions more authority and wealth to manage their own development and affairs (Erb, sulistiyanto & Faucher 2005). The autonomy, therefore, has equipped the local governments with the power to enact local regulations, perceived necessary by the executive and the legislative branches of the district or municipality. When the Islamic parties dominate the local governments, the enactment of Perda Syariah seems to be more prevalent. Since the implementation of regional autonomy in 2001, there have been more than 113 regulations up to the end of July 2007, which refer to Islamic moral teaching that structurally and specifically restrict womens rights (Mulia, SM 2007). In addition, Lindsey (2007) has observed that about 70 regions have undertaken to implement Syariah-based regional regulation by restricting women from going out at night and regulating them to dress in a certain fashion.

During the implementation of Perda Syariah, a number of women were detained by the district police because they were considered to have broken the law. For instance, Womens security 7 18/01/2011

in Tangerang City, which implemented Regional Regulation No 8/2005 about the banning of prostitution, the district police apprehended eleven women who were suspected of being prostitutes. When the district police apprehended them, some of these women were standing at a bus stop waiting for a bus at nightafter 8 pm; others were drinking tea in the small cafe, and one of them was staying at a hotel while her husband went out to buy food (Soekirno 2006). There has been no systematic collection of data on the detentions made under Perda Syariah.

In the early stage of implementation of Perda Syariah, there was very intense discussions and debates over this issue. The most prominent debates, besides the legitimacy of Perda Syariah itself, were whether its implementation was against the Constitution or not, and against (or not) the womens issue such as womens rights, and womens security. These debates were mainly between the supporter and opponent groups of the implementation of Perda Syariah. The supporter groups were mostly composed of elements from within Islamic political parties and some Islamic groupsbut not all; and the opposing groups mainly consisted of NGOs and nationalist political parties.

Kurnia Widiastuti, the leader of Muslimah Brotherhood, argued that the Perda Syariah, such as banning prostitution in Tangerang, would improve womens dignity and prestige (Karni, Budiarti & Barus 2006). In addition, Hidayat Nurwahid, the Head of MPR5, stated that the implementation of regulations banning prostitution, gambling and immoral behaviours, would not disrupt social life, but rather make it more secure and peaceful (Rachmadi 2006). Furthermore, Juwaeni (2006) the member of DPR6 from the Prosperous Justice Party [PKS], argued that because of the implementation of Perda Syariah, the people would be happier and more secure, and their social life better.

Conversely, some opposition groups argued that Perda Syariah discriminates against and restricts women. Abdurrahaman (2001) argued that women would be the first victims of the implementation of Islamic law. This could be seen from other

MPR is acronym of Majelis Permusyawaratan Rakyat (Peoples Consultative Assembly) DPR is acronym of Dewan Perwakilan Rakyat (The House of Representatives, the national parliament)
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countries that have been implementing Islamic law. Furthermore, Mulia (2007) argued that the implementation of Perda Syariah marginalized and domesticated women.

Likewise, research by Wagener (2006) in Aceh about the implementation of Islamic law, which is called Qonun7, also found that the formal interpretation of Syariah in Aceh has shown that Islamic law in a society characterised by patriarchal structures, is used to regulate and control the behaviour and apparent symbols of women. This is because the implementation of Islamic law does not contain adequate regulations on how Syariah law should actually be implemented. Hence, the application of Syariah to womens rights, such as the compulsory wearing of a veil (jilbab), is criticised as using the state to enforce a one-sided interpretation of Syariah. Experience with decentralisation in Aceh and other regions also show that women are marginalised through exclusion from decision-making processes in political, social and economic spheres. This discrimination happens because patriarchal influences dominate the interpretation of the Islamic law sources, the Quran and Hadith8(Wagener 2006). Thus, the debates on the introduction of Syariah in Indonesia directly influence womens rights and efforts to secure gender equality (Wagener 2006). From the above discussion, it seems that both supporters and opponents of Perda Syariah use the term security to support their arguments about womans issues, even though, none of them has defined what is meant by womens security.

Defining Human security as Womens Security The concept of security has different meanings in different places and times and it will bring different implications to different persons. Tadjbakhsh and Chenoy (2007) explained, the concepts of security and insecurity have relative connotations in different contexts. For some, insecurity comes from a sudden loss of guarantee of access to jobs, health care, social welfare, education, etc. For others insecurity stems from violation of human rights, extremism, domestic violence, spread of conflicts,

Qonun is Regional regulation produced by Aceh government that relates to the obligation for Islamic worship, the prohibition of liquor, and the illegality of gambling and moral misconduct, such as adultery. However, Salim defines Qonun as referring exclusively to Regional Regulations produced by the legislature of Aceh from the year 2002 onwards, whether or not related to Islamic norms. 8 Hadith is prophets saying; collected traditions, teachings and stories of the prophet Muhammad, and accepted as a second source of Islamic doctrine and law after Quran.

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displacement, etc. To be meaningful, therefore, security needs to be redefined as a subjective experience at the micro level in terms of peoples experience.

The Commission on Human Security (2003) defined human security as the protection of the vital core of all human lives in ways that improve human freedom and human fulfillment. According to Truong, Wieringa and Chhachhi (2006), discourses on human security have brought together issues of human dignity, rights and well-being in a comprehensive way. Human security connects different types of freedom such as the freedom from want, freedom from fear and freedom to take action on ones own behalf. To do this, it offers two general strategies: protection and empowerment. Protection shields people from dangers, which require concerted effort to develop norms, processes and institutions that systematically address insecurities. Empowerment enables people to develop their potential and become full participants in decision-making (Commission on Human Security 2003). However, the discourse about human security is always followed by the question: does the human security concept show equal concern for women?, Does womens security get insured under the human security concept? (Chenoy 2005, p. 167).

In many articles on human security, some scholars (Caprioli 2004; Chenoy 2005; McKay, 2004) have tried to relate womens security to human security. Generally, human security can enhance gender justices because human security approaches attempt to overcome violence, both physical and structural, that creates domination of men over women (Hara 2007). Furthermore, different from the concept of traditional security, the concept of human security, according to Bunch (2004), will help to discover the multiple dimensions that influence womens lives, in which the most prominent insecurities for women are the threat of violence in womens daily lives and, the lack of control over reproduction. According to Chenoy (2005, p. 168), womens insecurity can come from within the family, from community conflict or from state or interstate sources. And the insecurity is largerly invisible in the private sphere and gendered in the public sphere (UNIFEM 2003 in Chenoy 2005).

Likewise, some researches found that womens security is systematically violated in both the public and private sphere, and that legal equality in the public sphere cannot lead to womens security without equality in the private sphere (Caprioli 2004, p. 412). Womens security 10 18/01/2011

In addition, Tickner (1997, in Caprioli 2004), explained that feminist theory, in which security can only be fully understood by examining gendered structures of inequality, facilitates an analysis of security differences by sex. Furthermore, Caprioli (2004) argued that discrimination causes the inequality and the structural violence that weakens womens security. And womens inequality result from structural inequality and violence and, as such, is a measure of womens security (Caprioli 2004). Womens security is only assured when all individuals can live free of violence, exploitation and discrimination at home and in public (Broadbent 1993, in Caprioli 2004).

Furthermore, based on some research on womens security, Dirlik (1987), Mayer (1995) and Wali (1995)9, argued that the culture can be an obstacle to womens security. In line with that, in Indonesia, which is dominated by patriarchal culture, the position of women is subordinated to that of men. This condition is worsened by the fact that Islam, which is adhered by the majority of Indonesian population, and Islamic teaching, which is practiced by the Muslims, is fully affected by patriarchal interpretation. Thus, in a patriarchal society such as Indonesia, security is defined by men. Many policies have been affected by masculinist-dominant discourse. The discourse creates, reinforces and maintains gendered condition of human insecurity (Hara 2007).

Perda Syariah and Womens Security The implementation of the autonomy law in 2001 that was introduced by Habibie in 1999 was aimed to devolve more power to the district. This means that regional autonomy offers people, including women, more spaces to be politically active. In this context, regional autonomy also gives opportunity to people including women to express their interest and concern, including about human security issues, directly to the government in the district level.

However, soon after the implementation of the autonomy law, many districts initiated the implemention of Perda Syariah which directly affected the women.

All of these reference quoted from Caprioli (2004).

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Some women were discriminated by the regulations. In some districts, local governments have been using their power to make restrictions on women in the name of morality, such as in the case of Perda Syariah (Blackburn 2004). Furthermore, Noerdin (2002) has observed that many regions have been implementing Perda Syariah which strictly regulates how women should dress, and bans them from going out after 10 p.m. unless accompanied by a muhrim (close male relative). The regulations specifically ban women from wearing miniskirts, sleeveless shirts and tight clothing that men might find sexually arousing. And yet, the reason for those governments to implement Perda Syariah was to secure women, to protect their dignity and safety. The aim of the implementation of Syariah based regional regulation10is to create communities that have better moralsveiled female is more secure and more respected and they will not be insulted (Anam, one of the Declarators of Perda Syariah, Cianjur)

As an Islamic leader (tokoh agama) and chair of the steering committee of SILMUI11, Anam argued that Perda Syariah would provide women with greater security, if women conform to the regulation. The different perceptions regarding the definition of security obviously depend upon who has political resources and power. In a patriarchal society such as Indonesia, men have much stronger position and power than women. In addition, the men, who have the authority to define what security for society is, very often ignore the womens concerns. In a patriarchal society such as Indonesia, security is defined by men. Hara (2007) argued that many policies have been made based on masculinist-dominant discourses. The discourses produce, strengthen and uphold gendered conditions of human insecurity. In the districts, where the majority members of district parliament are men, regional regulations are made based on male perceptions about women. For example, the definition of the threat to the society: security is defined as secure from immoral activities, which is defined as being caused and initiated by womens behaviours and fashions (Hara 2007). Following the male assumption, there should be moral
The name of the Syariah-based regional regulation in each district is various. In Cianjur, it is called Gerbang Marhamah (the Movement of Development of Good Moral Community) and in Bulukumba is Perda Keagamaan (Religious Regional Regulation) 11 SILMUI is acronym of Silaturrahmi dan Musyawarah Umat Islam (Muslim discussion and friendship gathering). SILMUI is an event in which the idea to enact Syariah Islam was declared for the first time in Cianjur.
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regulations to control how women should behave and should perform in order to be a good woman (sholehah). Therefore, male-dominated parliaments in some districts produce regulations such as the obligation for women to wear jilbab and not to be in a public place at night. There is also an implied threat. Women who do not conform to the regulation will not be secure and will be thought of as not a having good moral standing. Those male assumptions mainly refer to Hadith or a section in Alquran, which were interpreted under the strong influence of patriarchal values.

In the Hadith, it is clearly mentioned, The best devout people are the people who respect to the women. And the regulation about jilbab is aimed to respect womenveiled women is good sign and it means good women [sholehah] (Kyai Halim, MUI12, cianjur).

Moreover, the women are victimised; they are not only seen as a victim but also blamed for causing the immoral and criminal acts: Do not blame men if women were insulted or harrased, yeahit is because women who invite those acts by being half-naked (pakaiannya buka-bukaan)it attracts the sexual arousal of men(Kyai Choirul, Islamic leader, Cianjur).

This shows a typical assumption how a regulation related to women is formulated and very much based on male perceptions. It is assumed that women will experience sexual harassment or even rape if they show certain parts of their bodies. Therefore, regulations defining that womens bodies and their sexuality are dangerous and have to be secured (covered) are then enacted. In fact, womens bodies belong to the women themselves and they should have rights to their own bodies (Women Research Institute 2007).

In addition, the security is defined as a community security and state security, which is dependent on womens moral attitude. Woman has responsibility to maintain a moral state by watching over her attitude, because a womans attitude reflects the identity and moral of the community and state.

12

MUI is acronym of Majelis Ulama Indonesia (Indonesian Council of Ulama)

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Praying five times daily is the pillar of religion, and the pillar of state is good women (sholehah) and mothers who are able to teach their kids in a good way. If the kids have good morals, it means the next generation of our state will be good, hence, our country and state will be good, strong and secure (Kyai Tjamiruddin, MUI, Bulukumba) Regarding the community identity, Bulukumba and Cianjur district made Islamic vision the districts cultural identity. This cultural identity is important to provide a good image to the district. Some informants explain that one of the reasons why the government has implemented Perda Syariah was to cover what really happens in the districts, and its implementation of Perda Syariah was only a symbol to represent the district becoming religious and in good moral health. Hence, it is only the government strategy to sweep under the carpet the issues like corruption and poverty that should be addressed more urgently. There is no improvement [in community prosperity] since Perda Syariah was implementedthe aim of the government to implement Perda Syariah was to hide their scandals and failure to develop this district, besides shifting

[aside] the issues such as corruption and poverty as actual problem that government faces (Yudi, NGOs activist, Cianjur).. Since this is only symbolic, the regulations did not bring any significant change to the people. Moreover, the government proved to the public that such regulations were effective by enforcing only some regulations, namely the regulations that directly affects women and made women as a symbol of identity. For instance, to strengthen the identity, regulations which oblige all female civil servants to wear veil (Jilbab) were enacted in Bulukumba. The regulation also force to wear Jilbab all female staff during working hours, female students and teachers in schools, and all female citizens who seek services from the district institutions. As Mulia (2001) has explained, historically, every country that implements Syariah law began its political program by controlling womens rights. She sees this as a political shortcut to achieve legitimacy by making a symbol of Islam. Women have been easy targets because they were unorganized and still subservient to patriarchal values (Mulia 2001).

A research conducted by the Women Research Institute (2007) revealed that the Regional parliament in Banda Aceh municipality, proposed regulations to elect Womens security 14 18/01/2011

village leaders based on selected religious teachings which closed opportunity for women to become leaders. One article in the regulation mentions that leaders should be able to lead Islamic prayers, which in the Islamic teaching generally means only an adult man can do it13. The above interpretations come back to (Islamic) culture proving that local patriarchal values have been reinforced and consequently, public space for women is closed (Women Research Institute 2007). The patriarchal structure in society, therefore, has been strengthened by sacrificing womens rights and freedom. According to Hassan (1990) and Shaheed (1994), in most Muslim societies, the cultural articulation of patriarchy through structures, social mores, laws, and political powers has been justified by reference to Islam and Islamic doctrine. Furthermore, Mulia (2001) also argued that Islam in general and Syariah law in particular, has been deliberately misused to discriminate against women. And the interlocking of religion with law and customs has great consequences for women, affecting them negatively and disproportionately in comparison to men (Shaheed 1999)

Hoogensen and Stuvy (2006) argued that the feminist approach could be used as an integral part of human security to find the dominance and non-dominance relation based on race, ethnicity and class, which is ignored by the dominant paradigms. Feminist perspectives enrich human security approaches by uncovering fundamental power relations and inequalities created deeply by gender discourses which put women in a weaker position than men(Hoogensen & Stuvoy 2006). MacKay listed some problems that women should uncover such as the weakness of women in decision-making authority within political and economic systems, the inability to participate in elections and public life, the phenomenon of religious-based oppression. These, according to her, are sources of structural violence experienced by women (McKay 2004, p. 161). In Cianjur and Bulukumba where I conducted this research, the implementation of Perda Syariah did not improve the power relations between men and women. Most policies were made by men, and ignored womens participation. This was admitted by one of the compilers of the strategic planning (Renstra) of Perda Syariah: There are many women in the high position as government staff, but We simply forget to involve them in the decision making
The Islamic teaching that mentions it is only man, who can lead the prayer, was debated by Muslim activist. Especially, since Amina Wadud led the Jumat praying.
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process of Perda Syariah (Guguh, District staff, the compiler of Perda Syariah, Cianjur).

Thus, it is clear that women mainly are invisible in the Political arena. They are not considered as active agents who have aspirations or concerns about the situation around them and are not actively involved in overcoming their marginal condition in society. Furthermore, women have always been ignored and their availability has not been recognised. Consequently, the policy made by male-dominant policy makers, which is supposed to protect and secure women, exacerbates womens security instead. The inclusion of womens accounts of their own experience in this analysis is to give women a voice. The womens experience and opinion regarding the Perda Syariah is a critical part of any assessment of whether these district government regulations serve to secure and protect or jeopardize womens security.

In order to enforce the regulations, the government, district police and militant groups have often held raids in public places. The raids are often held when the government still in the process of proposing the Perda (still Raperda of a draft of Perda) or during in the early stage of the implementation of Perda Syariah. During this time, some militant groups who claim to be supporters of Syariah often held raids in the public spaces, such as around street food stalls (warung), and medical clinics, to ensure that women wear the jilbab. However, the raids are for political affect, and not ongoing. In some cases, the raid ends with violence. One informant stated: One day there was a raid in the medical clinic, the women run away, and some of them fell down to the gutter and then were hit by the raider(Ani, a homemaker, Bulukumba).

It would seem that actions by government, police or militants to enforce conformity to regulatons themselves, endanger womens security. Although the regulation did not mention punishment for women who were not wearing jilbab, however, some members of the community seem to think the regulation has given them authority to punish women. Furthermore, the punishment is not only meted out by the member of community, but also the regulation itself is considered as punishment for some women who are not used to wearing jilbab. As Yuli, explain below: Womens security 16 18/01/2011

Actually I am not veiled unless in the work place. I felt uncomfortable because I am not used to, and some people see me negatively because I suddently wore Jilbab, but I can do nothing, I must follow the regulation, it is compulsary.(Yuli, government staff, Cianjur) From Yulis case, it seems that she got two punishments: first from the community and second from the regulation itself. Yuli explained that, since she wore jilbab, some people were supercilious towards her because she was considered not appropriate to wear jilbab. Most of the members of the community in her area believe that women who wear jilbab are only devout/pious women and have to have changed their attitude from the previous one to become better. However, in Yulis case, she did not change her attitude; she did what she used to do before she wore jilbab. In additional, she was punished by the regulation itself coerciving her to wear jilbab, and ignoring her feeling: whether being comfortable or not. Even though she was not comfortable to wear jilbab, she tried to conform to the regulation by wearing jilbab, because if not, she might lose her job.

The women tried to conform to the regulation not only by wearing jilbab even though they do not want to, but also by restricting themselves from going out from their homes to avoid being ashamed in public because they were considered breaking the law, as explained by one informant: I prefered to stay at home because the former Bupati (head of district) often went to the streets and distributed Jilbab to the unveiled women while speaking through a loud speaker to encourage women to wear veils, it made me ashamed(Wiwin, a homemaker, Cianjur)

The above discussion shows that the perception of the male-dominated policy makers on security is greatly different from that of the women, who are affected directly by the policy. However, the existence of similar perceptions on security between the policy makers and the women, as the legal-subjects of the regulation, is imperative to ensure the effectiveness of the regulation itself. The regulation should not be enacted merely based on the will and perspective of the policy makers themselves, but it has to also listen to the aspirations of the population, particularly women, as they are the primary target group of the policy. Besides, women need to be considered as active Womens security 17 18/01/2011

agents who are concerned with their own problems and know their own needs. Therefore, they have to be placed as the subjects, not the objects of the policy. A Participatory approach should be used to fully understand what the women want in relation to their security. The policy maker has to understand that gender equality is also a core component of human rights and gender-based abuses are also human rights abuses which affect security. However, it is important to note that it is not easy to expect decision makers recognition of gender equality and human rights in these two districts because such issues might threaten their political position, and cultural and religious values.

Womens voices about Womens security The above discussion shows that the regional autonomy, which is aimed to give more opportunity to people in the district to participate in the political arena, does not guarantee that the women are also involved in the political process and in the decision-making process. Consequently, district governments produced regulations, such as Perda Syariah, that were not gender sensitive and not supporting women. Hence, the regulation which is made in the patriarchal society, has produced direct and indirect violence against women, and then, threatens womens security. A female member of parliament mentioned in one of the interviews that the participation of women in the decision making process is urgent to define their wants, concerns, interests and needs. She said: Women have so many problems. In order to protect women, the government tried to enact regulations, for instance the regulation on migrant workershowever women, particularly the workers themselves, have never been involved in the decision making processconsequently the regulation became ineffective and failed to solve the intended problem parliament member, Cianjur) (Titin,

Excluding women from the political process and decision making process potentially causes their security to become threatened. One of the examples is the case of female migrant workers in Cianjur, the district that has sent the third biggest number of female migrant workers abroad in West Java. To protect the female migrant workers, the district parliament enacted a regulation on migrant workers. However, during the process of drafting and discussing the provisions, the parliament never involved Womens security 18 18/01/2011

women, particularly the workers. They never asked the women what they need and what their problems were. Instead, the parliament invited the other stakeholders, such as PJTKI14, to the hearing to give input to the parliament. Even though the regulation was enacted with the objectives of providing security to the female migrant workers and to protect them from criminal actions of trafficking, harrasment and abuses, however, it tends to give more advantages to PJTKI and leaves the women with very limited bargaining power against PJTKI. Consequently, very often women became the victims of frauds or other negative actions of PJTKI.

The above condition indicates that to know how women understand security is very important, because womens experiences, needs and socialisations are different from mens (Hara 2007). Consequently, mens assumption and understanding about

security will be different from womens and, in politics, this difference will likely lead to different priorities in both political activities and decision-making (Hara 2007). Therefore, it is important to give women a voice to express their experiences, concerns and opinions regarding the issue of womens security. By doing so, the government and parliament could produce women-friendly policy that truly can ensure the womens security.

The definition of security that is expressed by women is varied and mainly related to their experiences, daily problems and needs. Yayuk, a homemaker from Bulukumba stated: Being secure to me is when I have a harmonious family in which there is no conflict between a husband and a wife nor [between parents and] the kids as well as [between the family] and the community.

Most of the women considered family as the core of the security issue. The security within a family will also affect the security within the community. This could be understood from the fact that the perpetrators of the criminal acts, which lead to the insecurity in the community, were very often from disharmonious families. Due to such facts, therefore, in some cases, women often tried to maintain the harmony of their families by sacrificing themselves as the victims of domestic violence. Bearing this in mind, the enforcement of regulations protecting women from domestic
PJTKI acronyme of Perusahaan Jasa Tenaga Kerja is the company or agency which sent the migrant workers abroad.
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violence, such as Law Against Domestic Violence (UU KDRT), is of paramount importance to assure womens security within the families. Some informants also considered security as freedom, as narrated by one informant: I feel secure when my husband gives me freedom and does not easily suspect me, because if we get more freedom, we will be more responsible. (Anita, a homemaker, Cianjur).

Security also is considered as a freedom to express their feeling and their fashion styles. Some informants explained that although they did not wear jilbab, they knew how to behave in the eastern culture. Not wearing jilbab does not mean they do not know how to behave politely. However, when they were not wearing jilbab, they were often insulted and teased. One informant said: I feel secure when I could walk freely, and no one [boy] whistles or stares at me, even when I am wearing a skirt or tight pants and a short T-shirt (Ayu, university student, Cianjur).

Being secure economically is also important, because insufficient finances could lead to the conflicts within a family and become the trigger for criminal actions in the community, which eventually will affect the security of women. Yayuk, a homemaker and who are also active in a women organisation explained: I feel secure when I have sufficient money to feed my family.

However, being safe from criminal actions and conflicts have become the main factors in terms of being secure. Thus, law forcement by the police to reduce criminal actions and to guarantee the security within the community is also very important. One informant explained: I feel secure, when there is no conflict within the community. In the last few years, there were so many conflicts among the members of community in different villages in this district (Nanik, a homemaker, Bulukumba).

Acknowledgment of their capabilities is also an important factor for women to feel secure and respected. The acknowledgment could be either from the family members, such as the husband, or from the work place, such as colleagues. The acknowledgment could be in the form of recognition of their skills or capabilities. It could also be an acknowledgment that women can stand on their own feet by giving them freedom and accountability so that women are allowed to do something on their Womens security 20 18/01/2011

own responsibibility and be accountable to their own actions. A female member of parliament explains that some of her colleage, who are mainly male, underestimate her simply because she is a woman. I feel secure when I am respected based on my capability, so far, women are always underestimated... As a member of parliament, sometimes, I feel threathened, especially because I am active and critical You know, most leaders of the political parties are men, and they are worried if female (politicians) have strong influences in the community. They are worried if they will be defeated (in the election) by female candidates because women have the advantage of being closer to the community more easily (Titin, Parliament member, Cianjur).

There were some suggestions concerning the strategies to ensure womens security. Some women suggested that the government should only enact regulations aimed at ensuring womens security, such as the regulations on domestic violence, based on the womens perspective. To do this, the involvement of women in the political process is inevitably urgent. As explained earlier, human security, particularly womens security, offers two general strategies: protection and empowerment. Protection shields people from dangers and this requires concerted efforts to develop norms, processes and institutions that systematically address insecurities. Empowerment enables people to develop their potentials and become full participants in the decision-making (Commission on Human Security 2003). In Indonesia, however, womens representation in political institutions, particularly at the local/district level, is still minimal, as indicated in the following Table. Table: Women in Formal Political Institutions in Indonesia

Institution

Women Total %

Men Total % 101 487 40 7 9 79 88.5 85.2 100 81.9

DPD (Regional Representatives Council) DPR (The House of Representaives) Supreme Court State Audit Board National Election Commission

27 63 8 0 2

21.0 11.5 14.8 0 18.1

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Governor (provincial level) Mayor/Head of District (municipality/regency)

1 5

1 1.5

30 331

100 98.5

Source: Data formulated by the Division on Women and the Elections (CETRO), 2001; Profile of DPD Members 20042009; and the Secretariat of the Indonesian legislature (DPR-RI). This estimate is believed not to have changed greatly since 2001; however, there is the first female Governor in Banten who was elected on 2006.

The data clearly shows that, in Indonesia, representation of women in the political arena in either executive, judicative, or legislative branches are far less than that of mens. In the provincial and district level, the women representation is even much lower than men representation. It seems that the patriarchal values, which are widely shared by most cultures and ethnics in Indonesia, contribute significantly to the condition.

Womens representation in political institutions is urgently required to assure that their needs, concerns are discussed, and their problems are solved. Tinker (2004) argued that the participation of women in the legislature would make a difference because women tend to address the issues of daily concern to the voters and attempt to make women-friendly policy. Recent studies have shown a correlation between significant rates of women in government and lower levels of corruption in both the national and local governments (Tinker 2004).

In order to increase womens representation in the parliament, in 2003, Indonesian government passed the Law on General Election No. 12/2003 Article 65 section (1) of the Law stated that the political party shall include at least 30% women in the partys list of legislative candidates. However, some female informants complained that, during the general election 2004, the political parties usually complied with the Law in a manipulative way. The parties indeed fulfilled the 30% quotas for female candidates as required by the Law, but they placed the women in lower ranks in the candidate list (very often below rank 3). As the constituents voted for the political parties and the appointment of the legislative candidate was determined by the political parties based on the rank of preference, most women who were in the lower rank were not selected. However, this Law was then revoked and substituted by the Womens security 22 18/01/2011

Law No. 10/2008 of which no longer used rank preference in appointing legislators, instead the General Election Comission determines and appoints the members of parliement based on popular votes. Some female informants also explained that they were not involved in the political process in the government and parliament even though those processes related to their interests and concerns, and they had rights to participate in the political process such as hearings in the parliament. We have never been involved in the political process of the regulation concerning migrant workers, even though the parliament and government know that we are active in the NGOs who advocate for migrant workers who have problems. So far, they have never involved female migrant workers too (Susi, Female activist, Cianjur).

Some women also felt underestimated by the opinions of some Islamic scholars who ban women from leadership positions by referring to a Hadith of which the validity is still questioned. However, the validity of the context for the interpretation is still being questioned. Such opinions, no doubt, have threatened the women who seek more active roles in the political arena. In a few cases, some Islamic scholars intentionally used the Hadith to justify their arguments to support male candidates.

Perda Syariah has been enacted in Muslim majority areas in which Christians and other minorities also reside. However, the rights and freedom of the minority group to practice their religions and their beliefs were guaranteed and respected. The community members were very tolerant of the existing differences. Even though, not many informants mentioned the issue of freedom to practice religions, some nonMuslim informants stated that the implementation of Perda Syariah did not affect their freedom to practise their religions. However, the implementation of Perda Syariah has increased the number of women wearing jilbab and this made their appearance as non-Muslims become more distinct.

The women also considered that to be in a secure condition they need to behave and dress properly. They believed that every action would cause reaction, in other words, everything would bring consequences. Women were being told that if they behaved nicely to other people, then others would do likewise. Anita, a homemaker from Bulukumba said: I have never gotten problems so far. I think, as long as we are nice Womens security 23 18/01/2011

to others, other people also would be nice to us. In addition, the women perceived that it is important for them to follow the rule and most informants perceived that wearing jilbab for female Muslim15 was considered to be a form of following Islamic rule. How we feel secure is depend on ourself, for instance, how we get dressed. If we get dressed properly, cover our aurat16 wearing jilbab, not half-naked, other people, especially men, will not insult us, instead they will respect us (female Cianjur).

They agreed that wearing jilbab is a part of Islamic teaching. However, the decision concerning whether or not they wear Jilbab is up to each woman. They did not agree with the enactment of regulations, which force all women to wear jilbab, because such a regulation is coercive and does not contribute to womens security. Moreover, wearing Jilbab is optional in Islam. That is, most Islamic scholars believe that wearing it is part of Islamic teaching, and compulsory, but that the choice to comply is nevertheless up to each woman. In line with that, the women also considered that security should be translated as freedom for each individual to do what they want in accordance with existing rules and regulations, either the rules of religion, community, custom, and tradition as well as the regulations of the government. There is a broad understanding about womens security. It includes harmony in the family, no conflict in the family and community, freedom from criminal action, freedom of expression, acknowledgment of ability and capability, security of household economy, and freedom to practice religions and beliefs.

Conclusion This paper concludes that Perda Syariah has not enhaced womens security, in fact, jeopardized womens security. There is a big gap between policy makers and womens experience and opinion regarding the issue of womens security. It could occur mainly due to certain reasons. First, the representation of women in the the political area, in this case in the parliament, is still very limited. This condition is
The section in the Quran usually cited, as stipulating that Muslim women must veil is Sura 24 (Alhujarat), And tell the believing women to lower their gaze and be modest, and to display of their adornments only that which is apparent and to draw their veil over the bosoms. However, there is a diversity of interpretation among Islamic scholars about this verse, and issue of veiling remains contested, whether cumpolsery or not. 16 Aurat is the part of the body that must be kept covered in public under Islamic law
15

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then exacerbated by the fact that most male-dominated parliaments are not gender sensitive, hence, they tend to produce gender-biased policies. In addition, many male politicians do not consider womens aspirations as important, therefore, womens experiences and views do not often count so much. Second, very often, the decision making process, including the parliamentary hearing, do not involve women NGOs or womens groups which have more knowledge, interests and concerns about womens issues, therefore, many policies intended to promote womens security are not effective and jeopardize womens security instead. Third, the assumptions and understandings of policy makers about womens security mainly refer to cultural norms and values and religious teachings interpreted by scholars who are strongly influenced by patriarchal values, so that the policy makers tend to produce policies which seek to control womens behaviors.

The definition of security explained by women widely varies and covers a very broad area, including the security of women in the domestic sphere, the public sphere and the political arena. Women defined security in relation to the fulfilment of their needs, such as the need to be respected and to feel comfortable, the sufficiency of household economy, and the recognition of capability, the provision of freedom to do something, to be responsible and to be accountable for their own actions.

Regarding the definition of womens security, disharmony of the family plays as a major threat to the security of women. Thus, it is important to have equal relations in the family, particularly equal relations between wife and husband, as a core component of womens security. However, legal equality in the public sphere, the involvement of women in the political process, decision-making process, a freedom to express their opinion, interest and participation in the public arena also become an urgent agenda for government and parliament, besides women themselves. Therefore, women should be given a chance to be active agents who understand, are aware and concerned with their own problems, needs and security. In order to do that, the bottom up participatory approach to decision-making should be promoted by the policy makers in understanding the concept of womens security. The policy makers should understand that gender equality is a core component of human rights, and that gender-based abuses is human rights abuses, which eventually would affect

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