Jurnal Ilmiah Niagara, Vol 2 No. 1, Januari 2011
A CRITICAL ANALYSIS OF THE ANTI-TERRORISM POLICY IN INDONESIA: ASSESSMENT OF THE CONCEPT OF JIHAD IN TERMS THE LENSES OF IDEALISM, PRAGMATISM AND VIRTUE BASED ETHICS
Riswanda* *) Dosen FISIP Universitas Sultan Ageng Tirtayasa
ABSTRACT
Perbedaan cara pandang terhadap isu terorisme dan kebijakan anti-terrorisme mengundang perdebatan etik mengenai bagaimana seorang formulator kebijakan memandang suatu isu publik sensitive, dengan muatan permasalahan yang kompleks dan tidak terstruktur. Tulisan ini meramu perspektif idealism, pragmatism dan virtue based ethics dalam menganalisis kebijakan anti-terorisme di Indonesia. Kajian permasalahan terorisme dan kompleksitas permasalahan yang menyertainya ditelaah secara kritis-filosofis terkait konsep jihad sebagai justifikasi dari sebagian tindakan teror berbasis pemahaman agama. Tulisan ini bertujuan untuk mencari suatu pendekatan baru dalam mengkaji isu kebijakan publik, tanpa sama sekali bermaksud mendiskreditkan suku, agama atau ras tertentu. Memperkaya wacana analisis kebijakan publik dalam menggali akar masalah suatu isu kebijakan adalah tujuan essay ini.
Kata Kunci: Anti-Terorisme, Kebijakan, Terorisme
INTRODUCTION according to their understanding. Moreover, The controversy of anti-terrorism policy some of them have war experiences in Iraq in Indonesia starts after Bali bombing and Palestine. Terrorism becomes a tragedy on 12 October 2002. Following the worrying and sensitive policy issue when the terror attacks, the former president terrorists mentioned formerly videotape Megawati Soekarnoputri decrees the draft themselves, widely broadcasted by Indonesian mass media, to convince people law no. 2 / 2002 about eradicating terrorism as an applicable emergency legislation. The that their actions solely based on Islamic government then transforms the draft into thinking (Tempointeraktif 2005, p. 1). From regular statutes by declaring the law no. 15 their physical appearance, as shown by the / 2003 (Departemen Pertahanan Republik video, people can obviously see that they use Indonesia 2006). Having seen statements of Islamic attributes like traditional Muslim people committed to have done bomb terrors clothes, grow beard and even bring a black in Indonesia such as Imam Samudra, Amrozi flag with la ilaha illa Allah or there is and Sahid Firdaus, terrorism can be said as nothing to worship other than Allah written an ethical issue. They justify their actions as on it. Most of the terrorist are Islamic qital fi sabilillah which refers to armed school graduates in addition to the fact that fighting in the way of God or holy war their wives wear burqa or kind of veil
1 Jurnal Ilmiah Niagara, Vol 2 No. 1, Januari 2011 covering the entire body and most of the virtue based ethics. It is related to the face except for a hole for the eyes. question of why some particular Islamic Their appearance shapes people groups perceive terrorism as jihad, which perception of the terrorists’ image. As a calls for acts of war or acts of terror. The consequence, people see mosque groups, study will also discuss to what extent the Muslims conducting lessons on how to read ethical frameworks can be used by the the holy book of Islam and giving public government to produce appropriate policy speeches about Islam as terrorists. This alternative to cope with the issue and how. circumstance makes the government authorizes all police departments in Idealism, pragmatism and virtue based Indonesia to take finger prints of all approach students of pondok pesantren, or Muslim schools in Indonesia operated by religious There are three core frameworks in leaders, as these places often get suspected ethics that could be used to assess a policy in producing young militants skilled in jihad issue in ethical sense. Firstly, idealism, that (Warta Online Airlangga University 2006, is a ‘non consequentialist and deontological p. 1). In international level, terrorism is approach’ emphasizing moral law as a basis seen to be driven by Islamic values for some of decision making (McIntyre 2006, p. 4). instances. A study quotes the United States This deontological concept explains that president George W. Bush’s speech about meanings are not developed in context. It war against terrorism: ‘(…) we will not rest puts more weigh on moral values that can be or tire until the war on terrorists won (…) applied everywhere. Idealism is ‘a priori’ some call this evil Islamic radicalism; others concept. It begins with general propositions militant jihadism; still others islamo to particular conclusions. In idealism, facism’ (Bush, cited in Kodrat 2006, p. 1). reason is considered to be vital to justify principles that apply universally. It does not It is critical therefore to use ethic tools very much depend on observation nor to test out reasons to justify terrorism as empirical verification of facts. One of the immoral or morally acceptable acts most significant assumptions of idealism is particularly in relation to the concept of that somebody’s action can be incorrect jihad that is assumed by the government as a even if the action creates the best expected cause of terrorism. Policy makers need to be consequences. So, a decision should be able to provide policy alternatives which developed primarily by recognizing duties of can represent all stakeholders especially the decision maker and other’s people’s those that are going to be at the end effects rights. As revealed by Kant (cited in Paton of the policymaking decision. Arguably, 1976, p. 100), it is incorrect to treat people ethics is about a critical analysis of morality as instruments to actualize our ends. which is contingent on dialogue Instead, people should be regarded as ends (McCollough 1991, p. 6). This study aims to in themselves which calls for empathy critically analyze the issue of terrorism with imagining being in similar situation, so as to reference to idealism, pragmatism and
2 Jurnal Ilmiah Niagara, Vol 2 No. 1, Januari 2011 have decent insight to recognize the other claim that moral behavior comes from including the context that might form their character of an individual (Matheson 2006, thinking. However, it is hard to imagine the pp. 5-6). It pays attention to find out aspects goodness that can be applied universally giving moral actions worthwhile. In other since a good thing for some people does not words, it puts more weight on the moral necessarily good for other people depending agent character rather than the nature of the on, for example, times, cultures and the way actions. For example, there is a person who people think. A critique of deontological is a religious fanatic and kindhearted. If the approach is about its failure to show clearly person must choose between doing jihad, which one should be taken on priority by the which may lead to act of terrors, and time a conflict is raised between rights and undoing jihad for the reason that the action duties (Mill, cited in Wikipedia 2006, p. 3). might cause innocent people get killed, what The second framework is Pragmatism would the person do? This question depends that can be said as a consequentialist on how the person perceives him or herself. approach looking at the meanings of the In this example, moral commitment can turn concepts and practical aspects in favor of into fanaticism if taken to extreme. So, the majority of stakeholders (McIntyre 2006, moral actions, in essence, are based on p. 4). It is subjected to considerations of the moral character according to virtue ethics. effects on thinking and manners. For Therefore, it can be synthesized that pragmatists, reasoning should come from moral is a commonly accepted behavior observed facts taking full consideration of while ethics is a dialogical thinking that has the effects on all life stages. Pragmatism implication for policymaking process. It sees the viewpoints of the stakeholders in takes the framework of idealism when it is different contexts. Nonetheless, there are used as a benchmark ensuring people not to two forms of pragmatism. The first form is be treated as an object whilst efforts to take narrow pragmatism that concerns a decision should be based on a universal particularly the majority of people but not moral law. For idealists, how people carry all stakeholders. Expanded pragmatism is out their goals is considered to be more the other one, aiming at supporting social important than what people carry out. and environmental justice not only for the Pragmatism highlights the usage of common present generation but also the future sense to think about consequences following generation. This second form of pragmatism any action. That is why future generation promotes and carries out the process of that might receive effects of the decision is making sure that a policymaking decision taken into account. It is called expanded involves and suitably represents people who pragmatism when it develops a dialogue- will get influenced by the decision. based decision by looking into the ideas of Lastly, virtue-based approach, that is based those who will be at the receiving end of the on thinking quality in addition to practice decision as critical point. A decision maker that constructs ethical conducts (McIntyre thus should be able to recognize 2006, p. 4). Virtue ethics puts forward a consequences of a decision for all life, not
3 Jurnal Ilmiah Niagara, Vol 2 No. 1, Januari 2011 only for some stakeholders. That is why society’. This second point is to do all the future generation that might receive effects believer can to lend a hand to other people. of the decision is taken into account. For instance, as a Muslim, people have to Developing dialectical process to get forgive somebody hurting us graciously and sense of careful thinking as regard to to participate in creating social justice. For decision making about an issue is a Muslim’s community, in particular, the necessity in virtue-based ethics. The great effort to live as instructed by Allah can dialectical process is then expected to bring be accomplished by getting involved in inner virtue that would generate happiness Muslim community activities. Making clean of either individual or society. Virtue based the mosque floor, for example, can be approach is also about matching decision considered as a way of showing effort to the within particular contexts. Wise decision community activities. Third, ‘holy war: the makers are those having ability to use struggle to defend Islam, with force if proper knowledge to cope with an issue. necessary’. The latter struggle is often While violence seems to be the most misinterpreted by some particular Muslim common explanation to analyze actions of communities as the noblest jihad and terrors, there are particular beliefs and relating it with acts or terrors. practices related to such action requiring In general, people may intuitively say more efforts to better explain this terrorism is wrong. However, their phenomenon. It is hence useful to explore reasoning behind the moral judgment is the term jihad in Islam. varied. Comparing terrorism with other cases involving violence such as riots for Discourse of jihad civil right movement is to search for similar The issue of jihad creates two camps of ethical dilemma faced by either the Muslims which are polarized based on their opponent or proponent of the case. For interpretations of hadith or report of the example, people supporting the movement sayings and actions of Muhammad or his might argue that good goals can be companions, together with the tradition of achieved by questionable means. its chain of transmission. But, in brief, In other words, to say about whether an Muslims apply the term jihad to define three action is good or wrong, to some extent, diverse sorts of struggle (BBC Team 2002, depends on whose opinion. So, in this case, pp. 1-5). First, the term refers to ‘a good goals are those expected by people believer’s internal struggle to live out the perceiving civil right movement is Muslim faith as well as possible’. This is undeniable action to be taken. Back to the about living this life in a manner that would case of terrorism, can terrorism be right if please God such as to obey the laws of there are people seeing it as good goals that Islam, to learn the Qur’an wholeheartedly can only be accomplished by doing terrors. and to overcome negative emotions like For instance, some particular Islamic anger and hatred. Second, jihad calls on groups like al-qaida believe that act of war ‘the struggle to build a good Muslim or terror is a way to die as syuhada defined
4 Jurnal Ilmiah Niagara, Vol 2 No. 1, Januari 2011 by some Muslims as people sacrificing Secondly, the anti-terrorism policy themselves in a war to defend their religion. turns into a case-sensitive policy for a However, ethical decision is not solely reason that improperly formulated policy based on the principle of right or wrong or can create conflicts among religions in certain religious values, traditions and Indonesia. The government gives unlimited beliefs. Instead, being ethical is also about authority, which for some instances avoids considering the consequences for people civil rights such as tapping phone who are to be influenced by ideations and conversation and divulging confidential acts of an individual (Kierkegaard, cited in information without legal requirement, to McCollough 1991, p. 12). In doing so, it is Badan Intelejen Nasional or Indonesian important to assess ethical thinking by being Intelligence Agency to investigate those thoughtful of five dimensions, which are suspected to have relations with terrorism. ‘individual-group’, ‘subject-object’, ‘self- The policy then creates ethical issue by the other’, ‘tradition-situation’, ‘fact-value’ time misleading actions against terrorism (McIntyre 2006, p. 11). What follows will results in undesirable effects such as apply the dimensions to assess the anti- accusing innocent people who are not even terrorism policy in relation to jihad. involved in the conflict. For example, the shot of Irianto Kongkoli, who is a priest in Palu. According to a newspaper report The anti-terrorism policy and jihad (Fajar Online 2006, p.1), the police There are four ethical issues concerning department there thinks that the shot is the anti-terrorism policy. Firstly, it seems related to terrorism based on religious problematic for the government to regulate sentiment and thus accuses Hasanudin, one the rights of individuals to decide when it is of Islamic group Leader in Palu, for doing appropriate to die. For example, there is an it. Nevertheless, he is proofed not guilty by Islamic group that names itself as ‘Laskar the court after intensive investigation. This Jihad’ insisting to go to Palestine and case can be an evident reason of why an Lebanon to die as Syuhada. The believers adequate policy making should be think that they are in a holy war. As an considered by the government regarding instance, a newspaper reports that there are terrorism issue, because it might cause about 2000 people coming from Front religious conflicts as a result of Pembela Islam, an Islamic organization misinterpretation and misjudgment about established in Jakarta, persisting to go to either the issue or steps taken to deal with Palestine and Lebanon (Antara 2006, p. 1). terrorism. The policymaking process The anti-terrorism policy is crucial since it therefore should involve not only the needs to address issue of suicide terrorism formulator of the policy, namely the as a way to do jihad. This is related to a Indonesian Defense Department but also the religious belief about mati syahid or to die policy executor and leaders of all religious for honor in the way of God. groups as suggested by expanded pragmatism.
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Thirdly, some Indonesian Islamic it and make it take its hands off the scholars argue that terrorist movements in Muslims and their affairs. America does not know the language of dialogue of Indonesia have been influenced by peaceful coexistence! America is kept at ideological values of international terrorists bay by blood alone’ (Ghayath 2006, like al-qaida (Winarta 2005, pp. pp. 3-5; cited in Kelsay 2005, p. 700). Kodrat 2006, pp. 1-3; Hakim 2006, pp. 63- Indeed, it is correct say that ‘a virtue 70; Wahid 2006, pp. 34-41). The terrorists’ can become a vice if taken to excess’ interpretation of religious ethics of Islam (Matheson 2006, pp. 5-6). This provoking provokes some Indonesian Muslim article, for instance, shows how moral communities perceive holy war as a real commitment can become fanaticism. The war. In other words, ethical values widespread effects of the fanaticism appear contained in the term jihad, as to go and to to have provoked the Indonesian terrorists, die in a holy war, get mixed up with namely Imam Samudra, Amrozi and Salik globalization of Muslim militancy. This Firdaus to conduct terrors. They justify the phenomenon raises two questions. Firstly, terrors as a war to western countries such what values brought by al-qaida and do as United States (Kodrat 2006, p. 2). those values offer new form of Islamic Another worrying effect of this fanaticism is morality? Second, how and why the values that it may provoke more Indonesian shape the way the global society perceive Muslims to incorrectly believe the terrors as Islam? These questions are critical in terms a way to sacrifice themselves in a holy war of ethical policy making of the anti- and to die as syuhada. Arguably, the pirated terrorism issue. Gayath’s article, one of al- version of the terrorist video, as explained in qaida spokespersons, may explain the values the introduction part, is available on the championed by al-qaida including reasons illegal market which is relatively easy to why it might influence the way the global find in Indonesia. society see Islam. Quoting his words: Lastly, there are two core concepts in ‘America is the head of heresy in our modern world, and it leads an infidel Islam, namely sharia and, ummah, that can democratic regime that is based upon be compared with the basic ethical separation of religion and state and on frameworks. First, sharia is about engaging ruling the people by the people via ‘transgerational conversation’ to fit Islamic legislating laws that contradict the way paradigms developed in acknowledged text of God and permit that which God has with present-day situations (Kelsay 2005, p. prohibited. This comples the other 1). Sharia proposes members of a society countries to act in accordance with the same laws in the same ways (…) and to give and to take reasons, to produce punishes any country (that resists) by claims and counterclaims about soundness besieging it, and then by boycotting it. In of particular beliefs. This is in line with so doing, (America) seeks to impose on concepts suggested by Aristotle about the world a religion that is not God’s matching decision in context and building (…) America knows only the language of dialectical process. For example, once the force. This (jihad) is the only way to stop
6 Jurnal Ilmiah Niagara, Vol 2 No. 1, Januari 2011 prophet Muhammad talked about holy war Ethical policy making on anti-terrorism after returning from a battle, he said that issue requires efforts to match the right kind ‘we are finished with the lesser jihad, now of knowledge to the issue. It calls for the use we are starting the greater jihad’ (BBC of the two sound Islamic concepts to team 2002, p. 2). The former one relates to produce counter-arguments of terror acts as fight against ‘outer enemy’. It means that part of jihad. For example, the government war can not be conducted without can put the concepts in the policy statement acceptable reasons such as self-defense of anti-terrorism and socialize the statement from killing attempts and defending the through either national or international liberation of Muslims to carry out their mass media. These efforts would prevent faith. ‘Greater jihad’, on the one hand, more Muslim communities particularly in refers to fight against one’s own passion Indonesia to follow the terrorists’ actions as that can be harmful to either the person or a result of misinterpretation about the other people such as anger, or sinful for concept of jihad. Moreover, the efforts are Muslims like sexual desire to have sex useful to provide better image of Islam on before marriage. Terrorists justifying their global scale as well as to reduce religious acts based on Islamic values make non- conflict that might arise from again Muslims think that Islam approves terrors as misunderstanding of jihad in Islam and part of jihad and influence other Muslims to terrorism. follow their way. Conclusion The next concept is ummah (Cesary In terms of jihad, a fundamental 2004, pp. 91-92) suggesting the community question that should be included to properly of believers to incorporate not only every understand moral obligations for Muslims in Muslims presently living on earth, but also general is about how do they weigh moral pay attention to the past and future duty against another, that is to interpret the generations to gain social justice. This lesser and greater jihad, considering not concept is somewhat similar with expanded only effects of jihad to Muslim communities pragmatism attempting to look at self, other but also to society as a whole. An and the surrounding for both current and appropriately formulated policy on next generations. The brief comparison of terrorism can give people more confident the two concepts is to show that Islamic feeling in the government actions to values can be used to produce an ethical eradicate terrorism as well as greater decision if they are understood in proper restraint to terrorism which, in turn, would sense. In other words, knowledge to support build support from other nations. reasoning about conducting jihad should consider effects of the action for all life, not This study identifies that expanded just for some Islamic communities wanting pragmatism seems to have been able to to attack other communities with different improve on narrow pragmatism by taking believe and hoping to die as syuhada into account all the stakeholders who will according to their belief. get influenced by the policy decision. If the
7 Jurnal Ilmiah Niagara, Vol 2 No. 1, Januari 2011 government considers contextual variations Cesary, J 2004, When Islam and democracy and different perceptions of jihad from both meet: Muslims in Europe and in the Muslims perceiving it as a holy war leading United States, Palgrave Macmillan, to terrorism and those seeing it as war USA. against oneself or internal struggle, the Departemen Pertahanan Republik Indonesia policy decision is likely to be more ethical 2006, Undang-Undang Republik than just considering the former one. Indonesia nomor 2 tahun 2002 tentang Involving viewpoints of other religions is pemberantasan terorisme, DEPHAN, also a necessity to ensure that conflicts Jakarta. based on misunderstanding are avoided. Departemen Pertahanan Republik Indonesia In addition, virtue based approach can 2006, Undang-Undang Republik improve policymaking process of the anti- Indonesia nomor 15 tahun 2003 revisi terrorism issue by matching the proper kind UU nomor 2 tahun 2002 tentang of knowledge to the issue. This study pemberantasan terorisme, DEPHAN, recommends the core concepts of Islam to Jakarta. be included in the policy statement so that Fajar Online 2006, Polisi Sudah Kantongi the government can come up with Ciri-ciri Pelaku, Fajar Online, 4 convincing and motivating reasons to november,
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McCollough, TE 2006, The moral pp. 3-5, imagination and public life: raising the
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