Identifier
Created
Classification
Origin
08JAKARTA1611
2008-08-25 07:50:00
CONFIDENTIAL//NOFORN
Embassy Jakarta
Cable title:
NEW LEADER OF KEY COURT TAKES A STAND AGAINST
how-toVZCZCXRO7723 OO RUEHCHI RUEHCN RUEHDT RUEHHM DE RUEHJA #1611/01 2380750 ZNY CCCCC ZZH O 250750Z AUG 08 FM AMEMBASSY JAKARTA TO RUEHC/SECSTATE WASHDC IMMEDIATE 9880 INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS PRIORITY RUEHBY/AMEMBASSY CANBERRA 2944 RUEHLM/AMEMBASSY COLOMBO 1226 RUEHKA/AMEMBASSY DHAKA 1198 RUEHNE/AMEMBASSY NEW DELHI 2146 RUEHKO/AMEMBASSY TOKYO 2406 RUEHWL/AMEMBASSY WELLINGTON 2985 RUEHHK/AMCONSUL HONG KONG 2908 RUEHBAD/AMCONSUL PERTH 1069 RUEAIIA/CIA WASHDC RUEAWJA/DEPT OF JUSTICE WASHDC RUEATRS/DEPT OF TREASURY WASHDC RHEFDIA/DIA WASHINGTON DC RHHJJPI/USPACOM HONOLULU HI RHEHNSC/NSC WASHDC
C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 001611
SENSITIVE
SIPDIS
DEPT FOR EAP, EAP/MTS, EAP/MLS, INR/EAP, PM, INL (ROSS)
DEPT FOR EEB/IFD/OMA
DOJ FOR AAG SWARTZ, OPDAT FOR LEHMANN/ALEXANDRE
SECDEF FOR USDP/ISA/APSA D.WALTON
NSC FOR EPHU
E.O. 12958: DECL: 08/25/2018
TAGS: PGOV KJUS PREL KIRF KISL ID
SUBJECT: NEW LEADER OF KEY COURT TAKES A STAND AGAINST
SHARIA LAWS
REF: A. JAKARTA 1582
B. JAKARTA 1434
Classified By: Pol/C Joseph L. Novak, reasons 1.4(b+d).
C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 001611
SENSITIVE
SIPDIS
DEPT FOR EAP, EAP/MTS, EAP/MLS, INR/EAP, PM, INL (ROSS)
DEPT FOR EEB/IFD/OMA
DOJ FOR AAG SWARTZ, OPDAT FOR LEHMANN/ALEXANDRE
SECDEF FOR USDP/ISA/APSA D.WALTON
NSC FOR EPHU
E.O. 12958: DECL: 08/25/2018
TAGS: PGOV KJUS PREL KIRF KISL ID
SUBJECT: NEW LEADER OF KEY COURT TAKES A STAND AGAINST
SHARIA LAWS
REF: A. JAKARTA 1582
B. JAKARTA 1434
Classified By: Pol/C Joseph L. Novak, reasons 1.4(b+d).
1. (C) SUMMARY: The newly appointed Constitutional Court
Chief Justice spoke to military officers on August 22 on the
importance of upholding the Indonesian Constitution and
opposing Sharia-based ordinances put in place by local
bodies. In his speech, he explained that these Sharia-based
ordinances were divisive and that respecting human rights was
mandated in the Indonesian Constitution. The Chief Justice's
remarks--which netted considerable press coverage--were
well-received on the liberal end of the spectrum and were a
sign that he plans to make a mark. END SUMMARY.
CHIEF JUSTICE'S SPEECH
2. (SBU) The new leader of a key Indonesian court has given
an important speech. On August 22, the newly sworn-in Chief
Justice (ref A) of the Constitutional Court, Mohammad Mahfud
Mahmodin (known as Mahfud) addressed members of the
Indonesian Military (TNI) at a three-day human rights
training program in Jakarta. The Chief Justice was invited
to speak to approximately 200 middle and senior military
officers by the head of the TNI, General Djoko Santoso. The
program focused on the Indonesian Constitution and the
principles of human rights.
QUESTIONING SHARIA INSPIRED BYLAWS
3. (SBU) During his speech, Mahfud addressed the
constitutionality and legality of Sharia bylaws. The Chief
Justice explained that laws should strengthen democracy and
promote religious tolerance and should not be enacted simply
to cater to a region's religious demographic. He elaborated
that Sharia based ordinances threatened national integrity,
ran counter to Pancasila and the state principles of social
justice. They also discriminated against minority groups.
(Note: Pancasila is Indonesia's nationalist code, which does
not recognize any one religion as official, but several.)
4. (SBU) Background: Sharia is a system of Islamic
principles of jurisprudence governing the daily life of
Muslims. Various Indonesian localities have passed
Sharia-based bylaws in recent years. Sometimes these laws
are enforced and sometimes not. The Home Ministry is
currently reviewing 37 Sharia-based local regulations
including those requiring Koran literacy for students and
brides, enforcing an Islamic dress code on Muslim woman and
skewed anti-prostitution regulations. Critics of the
ordinances loudly charge, among other things, that the bylaws
were drafted by politicians in order to court Muslim votes
and that they infringe on religious freedom.
REMINDS MILITARY TO RESPECT HUMAN RIGHTS
5. (SBU) The Constitutional Court chief also expressed
support for training in raising TNI officers' awareness of
human rights. He stressed that violating human rights
principles meant violating the Constitution. General
Santoso, who had specifically invited the new Chief Justice
to speak to the group, reinforced these sentiments in
introductory remarks.
A WELL RECEIVED SPEECH
6. (U) The Chief Justice's speech was well-received by human
rights activists and constitutional law experts. The Human
JAKARTA 00001611 002 OF 002
Rights Working Group, a coalition of non-governmental human
rights organizations, as well as Irman Putra Sidin, a
constitutional law expert, praised the Chief Justice and
pledged their support of his views. Senior Golkar Party
lawmaker Theo Sambuaga also publicly stated his support of
Mahfud. Islamic-oriented groups did not immediately respond.
7. (C) The TNI conference was one of the first public
engagements of the new Constitutional Court Chief Justice and
confirmed his reputation as a moderate and pragmatist. His
invitation to speak, coming directly from TNI Commander
Santoso, is further confirmation of the TNI's support for
Indonesian democracy and tolerance. Mahfud, in making these
remarks just several days after his selection as chief
justice, clearly signaled his intention to make a mark.
HUME
SENSITIVE
SIPDIS
DEPT FOR EAP, EAP/MTS, EAP/MLS, INR/EAP, PM, INL (ROSS)
DEPT FOR EEB/IFD/OMA
DOJ FOR AAG SWARTZ, OPDAT FOR LEHMANN/ALEXANDRE
SECDEF FOR USDP/ISA/APSA D.WALTON
NSC FOR EPHU
E.O. 12958: DECL: 08/25/2018
TAGS: PGOV KJUS PREL KIRF KISL ID
SUBJECT: NEW LEADER OF KEY COURT TAKES A STAND AGAINST
SHARIA LAWS
REF: A. JAKARTA 1582
B. JAKARTA 1434
Classified By: Pol/C Joseph L. Novak, reasons 1.4(b+d).
1. (C) SUMMARY: The newly appointed Constitutional Court
Chief Justice spoke to military officers on August 22 on the
importance of upholding the Indonesian Constitution and
opposing Sharia-based ordinances put in place by local
bodies. In his speech, he explained that these Sharia-based
ordinances were divisive and that respecting human rights was
mandated in the Indonesian Constitution. The Chief Justice's
remarks--which netted considerable press coverage--were
well-received on the liberal end of the spectrum and were a
sign that he plans to make a mark. END SUMMARY.
CHIEF JUSTICE'S SPEECH
2. (SBU) The new leader of a key Indonesian court has given
an important speech. On August 22, the newly sworn-in Chief
Justice (ref A) of the Constitutional Court, Mohammad Mahfud
Mahmodin (known as Mahfud) addressed members of the
Indonesian Military (TNI) at a three-day human rights
training program in Jakarta. The Chief Justice was invited
to speak to approximately 200 middle and senior military
officers by the head of the TNI, General Djoko Santoso. The
program focused on the Indonesian Constitution and the
principles of human rights.
QUESTIONING SHARIA INSPIRED BYLAWS
3. (SBU) During his speech, Mahfud addressed the
constitutionality and legality of Sharia bylaws. The Chief
Justice explained that laws should strengthen democracy and
promote religious tolerance and should not be enacted simply
to cater to a region's religious demographic. He elaborated
that Sharia based ordinances threatened national integrity,
ran counter to Pancasila and the state principles of social
justice. They also discriminated against minority groups.
(Note: Pancasila is Indonesia's nationalist code, which does
not recognize any one religion as official, but several.)
4. (SBU) Background: Sharia is a system of Islamic
principles of jurisprudence governing the daily life of
Muslims. Various Indonesian localities have passed
Sharia-based bylaws in recent years. Sometimes these laws
are enforced and sometimes not. The Home Ministry is
currently reviewing 37 Sharia-based local regulations
including those requiring Koran literacy for students and
brides, enforcing an Islamic dress code on Muslim woman and
skewed anti-prostitution regulations. Critics of the
ordinances loudly charge, among other things, that the bylaws
were drafted by politicians in order to court Muslim votes
and that they infringe on religious freedom.
REMINDS MILITARY TO RESPECT HUMAN RIGHTS
5. (SBU) The Constitutional Court chief also expressed
support for training in raising TNI officers' awareness of
human rights. He stressed that violating human rights
principles meant violating the Constitution. General
Santoso, who had specifically invited the new Chief Justice
to speak to the group, reinforced these sentiments in
introductory remarks.
A WELL RECEIVED SPEECH
6. (U) The Chief Justice's speech was well-received by human
rights activists and constitutional law experts. The Human
JAKARTA 00001611 002 OF 002
Rights Working Group, a coalition of non-governmental human
rights organizations, as well as Irman Putra Sidin, a
constitutional law expert, praised the Chief Justice and
pledged their support of his views. Senior Golkar Party
lawmaker Theo Sambuaga also publicly stated his support of
Mahfud. Islamic-oriented groups did not immediately respond.
7. (C) The TNI conference was one of the first public
engagements of the new Constitutional Court Chief Justice and
confirmed his reputation as a moderate and pragmatist. His
invitation to speak, coming directly from TNI Commander
Santoso, is further confirmation of the TNI's support for
Indonesian democracy and tolerance. Mahfud, in making these
remarks just several days after his selection as chief
justice, clearly signaled his intention to make a mark.
HUME