Analisa Journal of Social Science and Religion Volume 01 No. 02 December 2016

ISSN : 2502 – 5465 / e-ISSN: 2443 – 3859 Accredited by LIPI Number: 752/AU2/P2MI-LIPI/08/2016 Analisa Journal of Social Science and Religion

Volume 01 No. 02 December 2016

Analisa is a peer-reviewed journal published by the Office of Religious Research and Development Ministry of Religious Affairs Semarang Indonesia. Analisa has been accredited by Lembaga Ilmu Pengetahuan Indonesia (LIPI/the Indonesian Institute of science) as an academic journal. It was stated in a decree number: 752/AU2/P2MI-LIPI/08/2016. This journal specializes in these three aspects; religious life, religious education, and heritage. Analisa aims to provide information on social and religious issues through publication of research based articles and critical analysis articles. Analisa has been published twice a year in Indonesian since 1996 and started from 2016 Analisa is fully published in English as a preparation to be an international journal. Since 2015, Analisa has become Crossref member, therefore all articles published by Analisa will have unique DOI number.

Advisory Editorial Koeswinarno Religious Research and Development, Ministry of Religious Affairs, Semarang, Indonesia

Editor in Chief Sulaiman Religious Research and Development, Ministry of Religious Affairs, Semarang, Indonesia

International Editorial Boards Florian Pohl, Emory University, United State of America Alberto Gomes, La Trobe University, Melbourne Australia Nico J.G. Kaptein, Leiden University, Leiden the Netherlands David Martin Jones, The University of Queensland, Brisbane Australia Patrick Jory, The University of Queensland, Brisbane Australia Dwi Purwoko, The Indonesian Institute of Science, Indonesia Heddy Shri Ahimsa, Gajah Mada University, Yogyakarta Indonesia Masdar Hilmy, Sunan Ampel State Islamic University, Surabaya Indonesia Iwan Junaidi, Semarang State University, Semarang Indonesia Masdar Hilmy, Sunan Ampel State Islamic University, Surabaya Indonesia Bani Sudardi, Surakarta State University, Surakarta Indonesia Muslich Shabir, Walisongo State Islamic University, Semarang Indonesia Sutrisno, Sunan Kalijaga State Islamic University, Yogyakarta Indonesia Zamroni, Yogyakarta State University, Yogyakarta Indonesia Luthfi Rahman, Walisongo State Islamic University, Semarang Indonesia

Analisa Journal of Social Science and Religion Volume 01 No. 02 December 2016

Editors

Zakiyah Religious Research and Development, Ministry of Religious Affairs, Semarang, Indonesia Siti Muawanah Religious Research and Development, Ministry of Religious Affairs, Semarang, Indonesia Umi Muzayanah Religious Research and Development, Ministry of Religious Affairs, Semarang, Indonesia A.M Wibowo Religious Research and Development, Ministry of Religious Affairs, Semarang, Indonesia Umi Masfiah Religious Research and Development, Ministry of Religious Affairs, Semarang, Indonesia Samidi Religious Research and Development, Ministry of Religious Affairs, Semarang, Indonesia

Assistant to Editor Mustolehudin Purbaya Musyafak Arda Arief Ridhaffa

Mailing Address Office of Religious Research and Development, Ministry of Religious Affairs, Semarang, Indonesia Jl Untungsuropati Kav. 69-70 Bambankerep Ngaliyan Semarang Central Java, Indonesia Email: [email protected] Website: http://blasemarang.kemenag.go.id/journal/index.php/analisa

Analisa Journal of Social Science and Religion Volume 01 No. 02 December 2016

INTRODUCTION FROM THE EDITORIAL BOARDS

Analisa Journal of Social Science and Religion is successfully launched for the volume 1 number 2, July - December, 2016. This is the second volume published in English, since it is started in 2016. Many people have involved in this publication including advisory editorial, International editorial boards, editors, language advisors and assistant to editors. These people made this work run well in the midst of various challenges. The Analisa Journal has been accredited by the Indonesian Institute of Science since 2012 as an academic journal, and this year (2016) the Analisa Journal received a new extension accreditation for the next five years. The articles published in this volume address the phenomenon of social and religious life, culture, and either in Indonesia or in the global world denoted by an article that pictures Islamic religiosity in . The issue of radicalism still becomes the focus of study, which is considerably actual and interesting for Indonesian scholars. Various cases of violence in Indonesia and other countries depict that the act of terrorism is a common enemy for humans. In Indonesia, since the fall of President Soeharto's leadership, radicalism has increased significantly; this can be seen from a series of bombing happened in various locations in the country and some violent-conflicts in the name of religion in some part of Indonesia. In this edition, there are at least three articles inter-related on the same topic. An article written by Asfa Widiyanto researched the counter attack of radicalism in Indonesia and Austria. He mentioned and discussed in detail that Indonesia and Austria in this issue experience a same situation that entails commonalities among civil society and state law jointly supporting the eradication of radical movements. Then, Taufiqur Rahman wrote extensively on the discourse of Jihad in Indonesia. He found that Jihadist movement in the Indonesian context was originally demonstrated to fight the colonization that recently turns to be the act of terrorism in the name of religion. Meanwhile, Yusa 'Farchan in his article explained that Islamic thought in Indonesia has evolved over time. According to him, the Liberal Islam Network (LIN) in Indonesia has at least five main definitions. Regarding the topic, he revealed how LIN stands on gender equality, contextualizes religious doctrines, and promotes pluralism in Indonesia. The presence of pluralism in Indonesia cannot be denied since the facts show that Indonesia has been recognizing six religions that are followed by most Indonesian citizens. The religious diversity, on the one hand reflects harmonization in the religious lives of Indonesian people. However, on the other hand, the diversity of language, ethnicity, culture, and religion can be a great threat if not managed systematically by the government. For instance, there are various religious schools of Islam, each of which is successfully able to establish harmony with others. The article collaboratively composed by Retnowati and Yedi Efriadi describes the religious life of Shia group that can harmoniously live with other communities in Salatiga. Their findings might constitute a social capital to build harmony among religious believers in Indonesia. The diversity of ethnicity and religious beliefs in Indonesia in its broader practice allows the interreligious/interfaith marriage. The article transcribed by Muhammad Ansori and Yasser Amri elucidates, at great length, about religious conversions in Aceh. They assert that a religious conversion enables a religiosity of individuals. Despite being diverse in religious beliefs, Indonesia also possesses a variety of traditions that symbolizes harmony in

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building a society. Mahmudah Nur through her study gives detail on the value of religion in the rituals of Pasambahan in Minangkabau. Religious texts written by local scholars such as Musdah Dahrizal contain a lot of issues on character education for humans. The content of the texts imparts the importance of education and harmony in society. Similarly, the article penned by Abu Muslim exposes the Masamper art in North Sulawesi. The author pictures in more detail on how the people of North Sulawesi build harmony through a traditional yet also pseudo religious art. Furthermore, Abu Muslim explains that Masamper tradition, besides being functioned as a means of propaganda, has become one of the tools to cement harmony and build the character of the local community. In nowadays context, the character education is built by the Indonesian Government, through implementing the concept of 2013 curriculum-based education. The concept is applied in elementary to secondary education. An article written by Nur Laili Noviani basically outlines the process of 2013 curriculum learning in SMA Negeri 1 Salatiga which particularly focused on the implementation of Islamic education. We hope you all enjoy a nice reading!

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Analisa Journal of Social Science and Religion Volume 01 No. 02 December 2016

ACKNOWLEDGMENTS

Analisa Journal of Social Science and Religion would like to thank you to all international editorial boards for their support and their willingness to review articles for this volume. Analisa also expresses many thanks to language advisor and parties involved in the process of this publication. Furthermore, Analisa would also like to thank you to all authors who have submitted their articles to Analisa, so that this volume is successfully published. Special thanks go out to Prof. Koeswinarno, the director of the Office of Religious Research and Development Ministry of Religious Affairs, who has provided encouragement and paid attention to the team management of the journal so that the journal can be published right on schedule

The Analisa Journal do hope that we would continue our cooperation for the next editions.

Semarang, December 2016

Editor in Chief

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Analisa Journal of Social Science and Religion Volume 01 No. 02 December 2016

TABLE OF CONTENT

ISSN : 2502 – 5465 / e-ISSN: 2443 – 3859 Accredited by LIPI Number : 752/AU2/P2MI-LIPI/08/2016 Analisa Journal of Social Science and Religion

Volume 01 No. 02 December 2016 Pages 139-294

Introduction from the Editorial Boards :: i Acknowledgments :: iii Table of Content :: iv

CONSTITUTION, CIVIL SOCIETY AND THE FIGHT AGAINST RADICALISM: THE EXPERIENCE OF INDONESIA AND AUSTRIA Asfa Widiyanto :: 139-159

THE TRAJECTORY OF THE DISCOURSE OF JIHAD IN INDONESIA Taufiqur Rahman :: 160-179

REASONING OF LIBERAL ISLAM: A STUDY ON ISLAMIC PERSPECTIVES IN LIBERAL ISLAM NETWORK JAKARTA Yusa’ Farchan :: 180-198

SHIA COMMUNITY (A RESEARCH EVERYDAY LIVES OF THE SHIA COMMUNITY IN SALATIGA, CENTRAL JAVA) Retnowati and Yedi Efriadi :: 199-216

BEYOND PIOUS CRITICAL AGENCY: WOMEN, INTERFAITH MARRIAGE AND RELIGIOUS CONVERSION IN ACEH Muhammad Ansor and Yaser Amri :: 217-238

RELIGIOUS AND HARMONIOUS VALUES IN THE PASAMBAHAN TRADITION AND CEREMONIAL ORATION OF BATAGAK GALA PENGHULU (BGP) IN MINANGKABAU Mahmudah Nur :: 239-258

RELIGIOUS AND CULTURAL HARMONIES IN THE ART OF MASAMPER Abu Muslim :: 259-274

CHALLENGE FOR THE ISLAMIC STUDIES SENIOR HIGH SCHOOL TEACHER IN IMPLEMENTING THE 2013 CURRICULUM IN SMAN 1 SALATIGA Nur Laili Noviani :: 275-294

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Analisa Journal of Social Science and Religion Vol. 1 No. 2 December 2016 Website Journal : http://blasemarang.kemenag.go.id/journal/index.php/analisa DOI : http://dx.doi.org/10.18784/analisa.v1i2.362

CONSTITUTION, CIVIL SOCIETY AND THE FIGHT AGAINST RADICALISM: THE EXPERIENCE OF INDONESIA AND AUSTRIA

ASFA WIDIYANTO

ABSTRACT State Institute for Islamic Studies (IAIN) Salatiga The German scholar Ernst-Wolfgang Böckenförde (b. 1930) is reported to have Jl. Tentara Pelajar No. 2, said that “the free secular state lives on premises that it cannot itself guarantee”. Salatiga 50721, Indonesia These premises include the morality, commitment to public order and the like. In Phone: 085641921753 this train of thought, we may say that the constitution is in need of strong civil widiyanto_asfa@daad- alumni.de society so as to maintain the well-being of the state. This article employs documents, observation and interviews to highlight the experience of Indonesia Paper received: 4 March and Austria in minimizing radicalism. The first concern of this paper deals with 2016 the interplays between constitution and civil society in eradicating radical Paper revised: 23 August – 7 November 2016 tendencies within Indonesian and Austrian society, most particularly within the Paper approved: 19 Muslim communities of these respective countries. The second concern of the December 2016 paper delves in which ways expressions of Islam in Indonesia and Austria

contribute to the making of peace in the respective societies. Islam is recognized as religion in both countries. The notions of “European Islam” and “Indonesian Islam” are believed to shape the current-state of eradicating radicalism in the two countries.

Keywords : Constitution, civil society, radicalism, Indonesian Islam, European Islam

INTRODUCTION relegated in modern secular culture, and

The term “fundamentalism” was bring them back to the center stage”. She initially employed by the American goes on to explain that fundamentalism is “a Protestants in the first half of the twentieth response to the spiritual crisis of the modern century. They assign themselves as world”, which is contrary to the belief of “fundamentalists” to set them apart from some people who perceive it as “a throwback “liberal” Protestants. The fundamentalism in to some ancient forms” or “conscious this sense refers to the movement to return archaism”. For Armstrong, fundamentalism to “basics and reemphasise the fundamentals emerged most particularly after the of Christian tradition”, namely “a literal Enlightenment (Aufklarung, renaissance), interpretation of Scripture and acceptance of after which the piety based on myth and cult certain core doctrines” (Armstrong, 2001: fell down. Fundamentalism can be seen as an xii). Since then, the term fundamentalism experiment in offering new ways of being has been applied to other religions, including religious in Post-Enlightenment world the rest Abrahamic religions (Islam and (Armstrong, 2001: vii). At this regard, we Judaism), Indian and Chinese religions. may say that there are at least two ways of being religious in Post-Enlightenment era, Karen Armstrong defines namely: being fundamentalist and being fundamentalism as “a militant form of piety progressive religious. whose objective is to drag God and religion from sidelines, to which they have been

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Armstrong (2001: xii-xviii) highlights (Islamic law), “without inventing new the features of fundamentalism which political forms” (Roy, 1994: viii-ix). include: Roy (1994: 4-5) goes on to elucidate 1. Splitting the world into two antagonistic the tendencies of Islamism. First, it sets camps: “one for God and the other “against the corruption of times and against Him” sovereigns, against foreign influence, 2. Developing the “fantasies of destruction political opportunism, moral laxity, and the and annihilation” forgetting of sacred texts”. Second, it sets 3. Rejecting the notions of secularism, against colonialism and imperialism. pluralism, religious toleration, Some scholars are of the opinion that peacekeeping and free speech Islamism is not a single entity; there is a 4. Pulling out from society to produce a “militant or radical Islamism”, but there is counterculture also “moderate Islamism” (see: Miichi, 2011: 5. Fighting the forces which imperil their 126-138). Pertaining to militant Islamism, “most sacred values”. Abdullah (2013: 76) puts it in the following Some fundamentalist (most particularly the words: radical fundamentalists) often exploit the “They have also been responsible for sectarian issue (Sunnite versus Shiite, social tensions in other places on several believer versus infidel) to justify their occasions and have certainly established violence to others. themselves as the arch-enemies of Islamic Fundamentalism can be seen humanity, the nation and the state. as an effort to “deculturalize” Islam, in the Indeed, these ‘militant Islamist’ sense of purifying Islam from “any specific organisations have created an ideological cultural ties”. The phenomenon of dilemma among Muslims. Based on the “deculturalization” of Islam is a clear idea of establishing a society that is example on how the forces of globalization supposed to be a genuine reflection of the play a role in the articulation of Islam in totality of Islamic doctrine, these groups Muslim communities (Joseph and Ridel, aspire to recreate a universal Islamic 2008: 165-166). state – as if the age of the Prophet and the Four Caliphs (the closest friends of “Islamism” is construed as “a new the Prophet) could be recovered in the movement of thought that endeavoured to modern era. Apparently, these define Islam primarily as a political system”, organisations and their supporters more specifically “in keeping with the two believe that the course of history and major ideologies of the twentieth century”. geographical distance have no role to This movement, which is mainly initiated by play in the efforts to build a society the Egyptian scholar Hassan al-Banna and blessed by God Almighty.” the Indo-Pakistani scholar Abu al-A’la al- Mawdudi, justifies this new vision by the The term “radicalism” was firstly used notion of a “return”, namely “a return to the in politics. The (political) radicalism texts and to the original inspiration of the designates the movement which aspires first community of believers” (al-salaf). “extreme change of part or all of the social Oliver Roy explains further that nowadays order”. It is worth mentioning that the word Islamism has undergone a change regarding was “first used in a political sense in England, its vision. It has been transformed into a type and its introduction is generally ascribed to of “neo-fundamentalism”, which aims Charles James Fox (1749-1806), who in 1797 primarily at re-establishing the shari’a declared for a “radical reform” consisting of a drastic expansion of the franchise to the

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Constitution, Civil Society and the Fight Against Radicalism: The Experience of Indonesia and Austria Asfa Widiyanto point of universal manhood suffrage (the the wisdom in the unanimity emerging out of right to vote in electing public officials and deliberations among representatives; and (e) adopting or rejecting proposed legislation)”.1 social justice for all the people of Indonesia. The term “radicalism” has been then The state ideology could employed in the realms of religion. The serve as a means in countering radicalism if religious radicalism designates a faith-based it is understood as Indonesian worldview, as movement or mode of thought that “incites a “quintessence” or crystallisation of narrow-mindedness, intolerance and even Indonesian (living) values. It could be, hatred” (Timmermann et al, 2007: 8). It is however, trigger the emergence of worth mentioning that religious radicalism radicalization if it is understood as a “forced often targets both other religious doctrines ideology”. Such coercion from state and secular society. Religious radicalism is apparatuses will trigger the resistance from a found in many religions. One may mention, certain elements of the society. This coercion for instance, “the Christian fundamentalists can be observed for instance during the New- in the US campaigning against the lax moral Order Indonesia (1966-1988) in which the of their society and young Muslim men state apparatuses enforced the adoption of harassing Muslim girls in Western Europe Pancasila as the sole principle (asas tunggal) because in their eyes the girls do not behave to every organizations at the country. according to Islamic rules”. Another instance It is interesting to look into the in Judaic tradition would be, “the crimes competing interpretations of Pancasila committed by Jews on Muslims in Israel” during the New Order-Indonesia. One (Timmermann et.all, 2007: 9). publication points out that the competing It is of particular interest to investigate interpretation of the Pancasila during this the role of constitution and civil society in era shows the political antagonism, which eliminating extremist tendencies within does not meet any rational solution. This is Indonesian and Austrian society, most due to the tensions between two main forces specifically within the Muslim communities within the Indonesian society: “secular of these respective countries. Such an nationalists” and “Islamic fundamentalists” investigation is based on the assumption that (Wahyudi, 2015: 3-4). the constitution needs strong civil society in Wahyudi (2015: 5) goes on to explain order to keep up the well being of the the contention of “Islamic fundamentalists”: country. “The underlying issues and concerns

of the radical Islamists have to do with THE EXPERIENCE OF INDONESIA IN the notion that as a state ideology or DEALING WITH RADICALISM “dasar negara", one of the implications of State ideology versus national Pancasila is that Islam is only one of philosophy many tolerated religious streams with no legitimate claim to exclusivity. However, The Pancasila constitutes the the radical Islamist position would deny Indonesian state ideology, or, in other words, a place for Islam under the banner of the basis of the Indonesian state. It Pancasila and argue against Pancasila comprises of five pillars: (a) belief in one (including pluralism, liberalism and God; (b) just and civilized humanity; (c) the democracy) for the superiority of Islamic unity of Indonesia; (d) democracy guided by Shari’a.” Wahyudi construes “secular 1 “Radical Ideologist”, Encyclopaedia Brittanica, nationalists” as “selected organizations and http://www.britannica.com/topic/radical-ideologist, accessed February 2, 2016. individuals involved in the activities of

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government institutions and civil societies State ideology, constitution, and the that are concerned with the politics of radical recognition of faith community Islam or Islamic fundamentalism”. The “1945 Indonesian Furthermore, Wahyudi (2015: 6-7) indicates Constitution“ (Undang-undang Dasar 1945, the types of “secular nationalists”: abbreviated as UUD 1945) is the basis of all The first is “the marginalized, radical regulations in Indonesia. This constitution secular nationalists”. This category refers was issued in 1945 and amended four times to the attitudes of secular nationalists during the period of 1999-2002. The that are mainly anti radical Islam and preamble of this constitution mentions that anti-to all ideas of Islamism. Their the Pancasila is the basis of Indonesian state. ideological orientations are In other words, it constitutes the Indonesian communitarian and republican-oriented, state ideology. but they may also be aware or unaware of The Indonesian constitution their ideological positions and be blind to guarantees the people’s freedom in the risks of excluding Islamic politics for practicing their respective religions. This can the sake of the principle of state be observed from the chapter 11 article 29 of secularism. the constitution, which reads as follows: The second category is “the 1. Negara berdasar atas Ketuhanan Yang mainstream, compromised secular Maha Esa; nationalists.” This group is generally unaware of its ideological orientations 2. Negara menjamin kemerdekaan tiap-tiap and does not bother with questions of penduduk untuk memeluk agamanya ideological principles in dealing with masing-masing dan untuk beribadat radical Islam and the groups of Islamism. menurut agama dan kepercayaannya itu 2 Members of the group may have liberal or communitarian orientations, but they are mostly unreflective of their own 1. The nation is based on the belief in one ideological positions and their attitudes God; to radical Islam can be opportunistic. 2. the state guarantees the people’s This means that they generally freedom to embrace and practice their compromise their secular principles for respective religion. the sake of power or other reasons. This religious freedom is also stressed The last group or category is “the in another article of the constitution, namely reformist, enlightened secular chapter 10, article 28E. This article reads as nationalists.” This group of secular follows: nationalists is aware of and can be 1. Setiap orang bebas memeluk agama dan thoughtful of their ideological beribadat menurut agamanya, memilih orientations and preferences, which pendidikan dan pengajaran, memilih mostly are liberal in orientation. They pekerjaan, memilih kewarganegaraan, have a considerable tactical or even memilih tempat tinggal di wilayah strategic calculation in dealing with negara dan meninggalkannya, serta radical Islam. They do not appear willing berhak kembali; to compromise their political principles and show a strong commitment to 2. Setiap orang berhak atas kebebasan political transformation and public meyakini kepercayaan, menyatakan engagement.

2 Naskah Undang-undang Dasar 1945.

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pikiran dan sikap, sesuai dengan hati “belief in one God”. At this regard, one may nuraninya; see that Indonesia adopted “restricted pluralism” (Franke, 2006: 61-82). 3. Setiap orang berhak atas kebebasan berserikat, berkumpul, dan Nowadays there are six recognized mengeluarkan pendapat.3 religions in Indonesia: Islam, Catholicism, Protestantism, Hinduism, Buddhism and

Confucianism. The adherents of “local 1. Everyone has the freedom to embrace a religions” and other unrecognized religions religion and to worship according to his do not enjoy the same rights as the adherents religion, to choose education, of recognized religions. These religions are employment, citizenship, to choose a often considered as “aliran kepercayaan” place to stay in the territory of the (mystical movement) by the government and country and to leave it, and he is also the majority of the people. entitle to return;

2. Everyone has the right to adhere to a The Modalities of “Indonesian Islam” certain belief, to express his mind and attitude, in accordance with his The notion of “Indonesian Islam” gains conscience; its popularity among the scholars Asian and Islamic studies, most particularly since the 3. Everyone has the right to freedom of early parts of twenty first century. The association, assembly, and expression. notion of “Indonesian Islam” has become the The government limits the number of concern of the latest congress of the recognized religions in the country. This can Muhammadiyah and the Nadlatul Ulama in be observed from the first principle of state’s 2015. The coined the ideology, namely “belief in one God”. This theme “Archipelagic Islam” (Islam pillar implies the obligation of every citizen Nusantara); whilst the Muhammadiyah to embrace a religion; accordingly the brought forward the theme “Progressive government regards those who do not attach (Indonesian) Islam” (Islam Indonesia themselves to any one religion as subversive Berkemajuan). (Franke, 2006: 61-82). This is most notably The ideas coming up during the two due to the government’s alertness to the congresses were later elaborated into two former Indonesian Communist Party (PKI). edited volumes. The first is entitled Islam Some government officials seem to simply Nusantara: Dari Ushul Fiqh Hingga Konsep equate communism with atheism. Historis (Archipelagic Islam: From the The government also forces some Principles of Jurisprudence to the Historical religions to adjust their respective doctrines Concept) (Sahal and Azis, 2015). The second in order to be consistent to the principle of is entitled Islam Berkemajuan untuk monotheism. This can be observed, for Peradaban Dunia (Progressive Islam for the example, from the case of Buddhists who World Civilization) (Amirrachman, Nubowo promoted the principle of “Adibuddha” as and Khoirudin, 2015). the only Buddhist God that should be “Indonesian Islam” is considered by assigned to conform to the Pancasila many scholars to have its distinctive principle of “belief in one God”. The Balinese characters. The compatibility between Islam Hindus likewise devised the principle of “Ida and democracy constitutes one of the most Sang Hyang Widhi Wasa” (the All-One God), important features of “Indonesian Islam”. in order to be consistent with the principle of Some scholars are convinced that it is most notably due to this distinctive feature of 3 Naskah Undang-undang Dasar 1945.

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“Indonesian Islam” that the process of Indonesian Islamic Civil Society and democratization in Indonesia continues and the Prevention of Radicalism likely to succeed. The case is different from For many specialists, the term “civil the experiences of some Muslim countries in society” necessitates the two conditions, the Middle East and North Africa, which namely individualism and democratic underwent the “Arabic spring” of democracy institution. Due to this strict definition, some but regrettably did not last longer. specialists reject the possibility of the Some scholars have done their best to existence of civil society in a Muslim country. unearth the features of “Indonesian Islam”. Some scholars suggest that is due to the Azra (2013: 63-74), for instance, highlights projection of Western concept of civil society the distinctive features of “Indonesian Islam”. to the realities in the Muslim world, which For him, these features comprise: (a) are in some ways distinct to that of the nonviolent spread (penetration pacifique) of Muslim world (Kamali, 2006: 38-39). Islam; (b) culturally embedded, namely In this regard, one has to look up an encountering cultural enrichment without alternative definition. Kamali (2006: 39), for losing its own cultural roots; (c) rich instance, prefers to stick to the definition of heritage; (d) Pancasila state; (e) engagement civil society which is offered by Craig of women in public; (f) mainstream Calhoun as “a civil sphere in which people organizations, which hold their moderate can organize their daily lives without the standpoint; (g) radical groups, which are intervention of the state”. This definition is undersized but somewhat vocal; (h) in line with what is brought forward by empowerment of the moderates, as an Michael Walzer, as quoted by Edwards equilibrium to the discourses and actions of (2011: 4). Walzer conceives civil society as the radicals. “the sphere of uncoerced human association In Indonesia, radical Islamic groups between the individual and the state, in are present during the Old Order, New Order which people undertake collective action for and Reformation Era, but it is most notably normative and substantive purposes, during the Reformation Era that radical relatively independent of government and Islamic groups increase their visibility and the market”. activism in the Indonesian public sphere. Kamali (2006: 39-40) goes on to argue What is distinct to Indonesia is that the that the discussion of the possibility of civil number of these radicals is relatively tiny, society in the Muslim world necessitates the and that there are counter-discourses and acknowledgment of Islam as both religion praxis made by the moderate Muslim and political theory. In this juncture, he personages and groups. perceives religious scholars (‘ulama’) and The nature and future of “Indonesian bazaris (bazaar-centered traders) as Islam” are determined in some ways by the examples of civil society in the Muslim world, discourses and praxis of the moderates as most particularly in the Middle East. well as their interplays with the radicals, so Kamali (2006: 39-40) rejects as to minimize the radicalism within the individualism and democratic institutions as Muslim community, in particular, and the the requirements for civil society. He would Indonesian society, in general. rather ground civil society on “the existence of influential civil groups and their institutions, which can, through established

mechanisms, counterbalance state power”. Kamali (2006: 40) goes on to elaborate the

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Constitution, Civil Society and the Fight Against Radicalism: The Experience of Indonesia and Austria Asfa Widiyanto conditions of civil society, which can do institutions provide opportunities for justice for the Muslim world: human community through music, the arts, and various means of caring for one (a) relative autonomy of a societal sphere another. And fifth, religious institutions from the state; have time-honoured means of dealing (b) relative autonomous access of some with rites of passage: birth, puberty, societal actors to the state or its elite; marriage, childrearing, and death, the (c) existence of a relatively independent final passage. public sphere; (d) legal and/or normative protection of Miller (2011: 257-258) is also aware societal agents and institutions the negative potential of religion for the betterment of civil society. This is observable (e) existence of a “solidary sphere” based on from the following quotation: redistribution of resources. “...it is also true that religion has the potential to inflict great harm, especially Civil society can serve as “social if it becomes an instrument of the state capital” for the society or country in question. or an uncritical advocate for sectarian or Social capital, in this sense, refers to “the corporate interests. For example, clergy norms and networks that enable people to have openly supported genocide and act collectively, provides a common frame of totalitarian leaders, and they have reference for conducting conversations about justified the privileges of the social elite, these important issues across disciplinary, who sometimes are their patrons.” methodological, ideological, and cultural Islamic Civil Society in Indonesia lines, conversations which are vital --indeed nowadays is represented most particularly by necessary to the resolution of many of the the Muhammadiyah (The Followers of the issues themselves-- but which otherwise Prophet Muhammad) and the Nahdlatul occur too rarely” (Woolcock, 2011: 197-198). Ulama (The Awakening of Religious Miller (2011: 257-259) rightly points Scholars). The Muhammadiyah was founded out that religion may contribute both in 1912. This particular movement represents positively and negatively to the civil society. the orthodox-puritanical tendency within As for the possible positive contributions, he Islam in the Indonesian Archipelago. It runs puts in the following words: some modern schools, orphanages and hospitals. First, it provides a place where moral conversation is encouraged, where A few years later, in 1926, another people can debate ideas and policies and organisation called the Nahdlatul Ulama was hone their arguments about what is right established. This particular organisation is and wrong. Second, vibrant religious considered to be the stronghold of institutions inspire their members to act traditionalist orthodox thought among the out their convictions—through voting, majority of religious scholars (‘ulama’) in the public demonstrations, and other Indonesian Archipelago (Niewenhuijze, political acts that embody their moral 1985: 1229). It augmented the authority of values. Third, religious institutions have ‘ulama’ within the Muslim society a long history of establishing schools, (Burhanuddin, 2007: 4). social service agencies, and responding to The years 1983-1984 was crucial in the crisis situations related to natural development of the Nahdlatul Ulama, since disasters such as earthquakes, floods, the major change of social and political and drought. Fourth, religious orientation of the Nahdlatul Ulama took

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place during this period. Nahdlatul Ulama success of this transition is relied on the once participated as a political party during moderation of two mainstream Islamic civil the first Indonesian general election in 1955. society organizations (the Nahdlatul Ulama Van Bruinessen and Wajdi (2006: 205-206) and the Muhammadiyah) as well as the new rightly points out organization’s 1984 Indonesian Muslim middle class (Hefner, National Congress decided that the 2013: 62). Nahdlatul Ulama should return to its The efforts of eradicating radicalism original feature (khitta) as non-political have been undertaken by the Nadlatul Ulama religious and social organization. This and the Muhammadiyah. This can be decision was met by considering the fact that observed from the position of these two a number of conflicts with the government institutions as well figures within these pertaining issues of religious concern institutions such as , (marriage legislation, formal recognition of Salahuddin Wahid (see Widiyanto, 2014: heterodox religious movements) took place. 271-307), Sinta Nuriyah Wahid (see In addition, there was also the phenomenon Widiyanto 2015: 1-24), Said Aqil Siradj, of sidelining of vocal Nahdlatul Ulama Syafi’i Ma’arif and Din Syamsuddin. politicians. Ahmad Mustofa Bisri (b. 1944), one of Indonesian Islamic Civil Society the figures of the Nahdlatul Ulama, belongs Organizations are distinct to those of some to the scholars-activists who are actively Muslim countries (most notably the Jamaat-i engaged in eradicating radicalism and Islami in Pakistan and the Muslim nurturing pluralism in Indonesia, most Brotherhood in Egpyt), in the sense that particularly among the Muslim community. Indonesian Civil Society Organizations (most He actively makes use of social media, most notably the Nahdlatul Ulama and the specifically Twitter and Facebook, since he Muhammadiyah) demonstrate their feels that these media are easily accessed by commitment to Indonesian nationalism and the people. He promotes inner-Islamic constitutional governance (Hefner 2013: 58). pluralism, criticize fundamentalist tendency In this train of thought, Islam in within the Muslim community, and is Indonesia, or Indonesian Islamic Civil involved in interfaith dialogue and Society Organizations, may play a role in the cooperation. In addition, he criticizes the consolidation of democracy in Post-Suharto Majelis Ulama Indonesia (The Council of Indonesia. “Indonesian Islam” is believed by Indonesian Muslim Scholars), most many specialists to have its distinct features, particularly when it issued a fatwa of which the most striking is the condemning religious pluralism (see compatibility between Islam and democracy. Widiyanto, 2016: 34-57). This distinct character of “Indonesian Islam” As for the importance of the is considered to be able to explain why the Muhammadiyah and the Nahdlatul Ulama, process of democratization in Indonesia Bisri points out, “The Muhammadiyah and persist and likely to succeed, which is the Nahdlatul Ulama serve as the bastion of different from the experiences of Muslim the Indonesian state. Accordingly many countries in the Middle East and North parties strive to provoke these two Africa, which encountered the “Arabic organisations so as to come into conflict. If spring” of democracy but unfortunately did these two organisations are weak and not last longer. influenced by others, the future of Indonesia Since mid-1998 Indonesia has will be in danger”. He goes on to stress that underwent a transition from such strength is needed in eliminating the authoritarianism to democracy, and this process is uncompleted. The continuing

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Constitution, Civil Society and the Fight Against Radicalism: The Experience of Indonesia and Austria Asfa Widiyanto radicalism as for instance the teachings of democratic breakdown and averting “Islamic State of Iraq and Syria” (ISIS).4 democratic erosion. The leader of the Muhammadiyah Din Syamsuddin (2010: 195) argues that the Indonesian Strategies in Countering Nahdlatul Ulama and the Muhammadiyah Radicalism should be acknowledged as pillars of democracy, since they play a role in Indonesia’s success story in confine the advocating good governance. Syamsuddin extreme tendencies within the society has goes on to explain that Islamic Civil Society attracted the attention from many European Organizations have “strengthened agencies and scholars. The Research Director democracy in various ways, including of the Swedian Center for Asymmetric asserting compatibility of Islamic values to Threat Studies Magnus Ranstorp, for democracy, supporting legal or judicial instance, reveals his observation on reform, encouraging good governance, Indonesia: “Indonesia was chosen since the strengthening cultural base for democracy, country has frequently been described as a taking part in conflict resolution, and major success story. As one of the largest promoting interfaith and intercultural Muslim countries in the world, Indonesia dialogue”. has successfully stemmed widespread development of violent radicalization as well Democratic consolidation is conceived as marginalized Jemaah Islamiyyah, an differently among scholars. Some are indigenous terrorist movement with regional convinced that democratic consolidation is and transnational tentacles” (Ranstorp, concerned with “the ‘positive’ tasks of 2009: 2). deepening a fully liberal democracy or completing a semi-democracy”. Some others Ranstorp (2009: 3) goes on to evaluate stress “the ‘negative’ challenges of impeding Indonesian measures of marginalising the erosion of liberal democracy or else, extremist elements: avoiding the breakdown of whatever “The various measures in Indonesia minimal kind of democracy we have in place” that aim to preserve the basic system (Schedler, 2001: 67). Other specialists Pancasila, that is promotion of a tolerant understand democratic consolidation in a and moderate interpretation of Islam and “neutral” way, namely in the sense of the marginalization of extremist forces, are “organization” of democracy, or the call for often carried out in an unorganized “establishing democracy’s specific rules and manner and on different strategic and organizations”. The original meaning of tactical levels. Not only is there often no democratic consolidation is concerned with comprehensive idea of how various “securing achieved levels of democratic rule initiatives are connected, there is no against authoritarian regression” (Schedler, unified national, regional or local 1998: 91-100). It is worth to confine the strategy for how the various tools are meaning of democratic consolidation to the designed in relation to the desired two “negative” notions: preventing message or which target groups should be reached. This need not necessarily entail a problem since the various 4 “Waspadai ISIS, Gus Mus: NU dan Muhammadiyah initiatives work well on different levels Perkuat Diri“ (To Counter the ISIS Movement, Gus Mus Suggests the NU and Muhammadiyah to and for different target groups. However, Strengthen Themselves), it is more difficult to evaluate whether http://news.detik.com/berita-jawa- the individual initiatives are truly timur/3074353/waspadai-gerakan-isis-gus-mus-nu- effective from long and short term dan-muhammadiyah-tetap-perkuat-diri, accessed

August 19, 2016. perspectives.”

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“Even if Indonesia is unique in many different ways with its pluralistic and Ranstorp (2009: 9-18) reveals the tolerant interpretation of Islam, there are strategic measures in combating extremism naturally limitations to what extent the in Indonesia: different models can be directly exported (a) interfaith dialogue to other context-specific operational (b) popular culture areas. Even though Indonesia has made (c) exposing the extent of extremism and enormous efforts to export its model to its ‘true colors’ other countries as a means of bridging (d) providing positive counterbalances to religious gaps, the country’s efforts often extremism encounter difficulty as a result of ethnic (e) promoting democracy differences and cultural norms among (f) promoting mainstream religious Muslims in the Middle East. There are education not only geographic barriers, strong (g) capacity building initiatives for Muslim cultural differences exist as well. movements and activists on a grass Pancasila’s influence including a strong roots level. separation of Islam and state is unique to Indonesia, but the dividing line ends Ranstorp further stresses the strength there.” of Indonesian measures against radicalism, “Indonesia is certainly unique with its In this line of thought, the strategies to coalitions of various strategic players that overcome such a transnational extremist simultaneously act individually and group as the “Islamic State of Iraq and Syria” collectively on different levels against (ISIS) could not be uniform in every country. extremism”. Ranstorp (2009: 15) mentions One publication points out that “there is no the network built by LibForAll foundation: universal approach to tackling ISIS. Rather, the group can only be defeated through a “LibforAll’s demonstration of variety of locally designed and targeted strength involves creating a cross-sector responses. Extremist groups like ISIS use network that is based on a five-level technology and social networks to cross integration of the following: religious boundaries and attract recruits globally—but leaders (ulama) who have garnered their discourse is linked to local grievances widespread public support and who can wherever they operate” (Ghannouchi, 2016). address radical backlash; religious scholars and teachers who can garner the Ghannouchi (2016) goes on to explain requisite intellectual and theological the way ISIS exploits the local problems. “It support for a pluralistic and tolerant tapped into Sunni resentment over Shiite interpretation of Islam; pop idols who sectarian repression to forge support in Iraq. have massive support from young In countries like Tunisia, where sectarianism people; government leaders who are able is less of a factor but unemployment remains to address social factors as an underlying at a crushing 40 percent for those under 35, factor of extremism; as well as business it has exploited resentment at economic leadership that can offer requisite exclusion to appeal to marginalized youth. In financial support.” this way, ISIS superimposes its global ideological narrative onto local contexts, Having aware of the strength of presenting itself as the solution to local Indonesian measures in combating grievances”. radicalism, Ranstorp (2009: 20) however underlines the limitations in exporting these It is worth remarking that ISIS had its models beyond Indonesia: greatest recruiting successes from in societies which endured the dictatorship.

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ISIS has successfully taken advantage of the Federal Constitution. With “the these problems and grievances to establish Prohibition Act 1945” , the law and its their own image as alternative. One may say constitutional status make it clear that the that ISIS “offers a false choice between Austrian Republic and its citizens reject and extremism and dictatorship”, without fight the Nazi ideology. “the State Treaty of awaring that there is another feasible 1955” contains a clear commitment alternative, namely democracy. In this to modern democracy, to human rights and regard, “the fight against ISIS must be not the rights of ethnic groups. 7 only a fight against something, but a fight In contrast to many other countries, in for something” (Ghannouchi, 2016). Austria there is a necessity to adopt a large number of schemes as a “constitutional law” THE EXPERIENCE OF AUSTRIA IN (Verfassungsgesetz). This is often associated COPING WITH RADICALISM with difficult political negotiations, as there Austrian constitution is always need a two-thirds majority in the National Council for a constitutional law. 8 The Federal Constitutional Law 1920, as amended in 1929 (Das Bundes- Verfassungsgesetz 1920 in der Fassung The Recognition of Islam in Austria 1929), is considered to be the main Austrian constitution. All the basic issues of the Islam was recognised in Austria since structure of the state, democracy and the 1912. This was rooted in the policy of the courts are governed by the Federal Austro-Hungarian Empire towards Bosnia Constitution (Das Bundes- and Herzegovina. The annexation of Bosnia Verfassungsgesetz, often abbreviated as B- and Herzegovina by the Austro-Hungarian VG).5 Empire created a challenge on how this large Muslim minority integrated themselves into The Federal Constitution 1920 was non-Muslim majority state. The formation of decided as the Constitution of the new new hierarchical organisation of Islamic Republic of Austria after politicians and community in 1882 marked the first step of jurists advised long about it and had the Bosnians’ endeavours to integrate negotiated. The Constitution was the result themselves into Austrian society. This of difficult negotiations, and it was therefore organisation later served as a model of the considered by the parties as the greatest founding of “Islamic Faith Community in possible compromise. Among the most Austria” (Islamische Glaubengemeinschaft important personalities in the negotiations in Österreich, IGGiÖ) in 1979 (Lohlker, included the First Chancellor of the Republic 2012: 12). of Austria Karl Renner of the Social Democratic Labour Party, Michael Mayr of It is worth remarking that “Bosnian the Christian Social Party and the reputed Islam” is considered by some scholars as jurist Hans Kelsen. 6 representing “European Islam”. This can be observed from the following quotation: In addition, “the Prohibition Act 1945” “Because of the Yugoslav wars, the 1990s (Das Verbotsgesetz 1945) and “the State were marked by the rediscovery of an ancient Treaty of Vienna 1955” (Der Staatsvertrag and autochthonous Muslim presence in von Wien 1955) are considered as parts of Europe. Bosnian Muslims, in particular, have become the symbol of European Islam 5„Das Bundes-Verfassungsgesetz“ (Federal that have been covered by the Cold War and Constitution), https://www.parlament.gv.at/PERK/VERF/BVG/inde x.shtml, accessed February 2, 2016. 7 „Das Bundes-Verfassungsgesetz“. 6 „Das Bundes-Verfassungsgesetz“. 8 „Das Bundes-Verfassungsgesetz“.

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forgotten by Western Europe, as well as by structure is applied to Muslim community, the Muslim World” (Bougarel, 2007: 96). since their diversity is high. In 1932, the Muslims in Austria In Austria, the recognition of religious founded an “Islamic Cultural Association” community is issued by the Ministry of (Islamische Kulturbund), whose it first Culture and Education (Kultusministerium). president was the ethnologist Umar Rolf. One religious community should at least The National Socialism banned the Islamic comprise of 16,000 members, in order to be Cultural Association in 1939, and as a recognised as a religious community. The substitute it supported the establishment of Iraq Shiites in Austria cannot give the exact “Islamic Community in Vienna” (Islamische numbers of their members, since for them is Gemeinde zu Wien) in 1943 but this dangerous if they have to collect their organisation did not last long, it dissolved in passports. Prof. Rüdiger Lohlker (chair of 1948. In 1951 we witness the establishment Islamic studies) and Prof. Stephan of “Association of Muslims in Austria” Procházka (chair of Arabic studies) were (Verein der Muslime Österreichs). It was asked to provide recommendation pertaining followed by the emergence of “Muslim Social to the Shiites in Austria. Such a Services” which was initiated by some recommendation is an indication that the Bosnian intellectuals (Heine, Lohlker and university is involved in the policy of religion Potz, 2012: 53-54). not only in pure scholarly matters (Discussion with Lohlker, November 3, Heine, Lohlker and Potz (2012: 18) 2015). underline the significance of recognition of religious community in the following words: “In modern constitutional and legal “Old Islamic Law”, “New Islamic Law” state an especially constructed protection and the Combat against Extremism against discrimination are guaranteed The “Islamic Law” (Islamgesetz) was not only by religious liberty, but also by issued on July 15, 1912. It is worth the appropriate legal forms of religious remarking that “Islamic Law 1912” did not communities and their activities. deal with the implementation of injunctions Corporate religious rights are therefore of shari’a for the Austrian Muslims, but ideal in a special way as an institutional rather concerned with the state regulations network for guaranteeing minority rights pertaining to the rights and obligations of to immigrants.” Muslims in Austrian public sphere At this regard, we may observe that the (Discussion with Baghajati, October 20, context of recognition in Indonesia is distinct 2015). to that in Europe. In Indonesia, the The Bosnians had enjoyed special recognition is rooted in the state ideology cultural and religious assurance most Pancasila. The first pillar of this state notably polygamy, women’s veil (hijab), ideology is the belief in one God, which inheritance, and patronage (Ehrschutz) clearly exhibits. One may say that this which had been fixed legally but principle of monotheism is modelled on unfortunately did not have chance to be part Islam accordingly religions other than Islam of the “Islamic Law 1912”. The “Islamic Law have to conform to this principle. In Europe, 1912” however was a best gift to the Muslim church structure and profile serve as a model community since guarantied the equality of of recognising other faith communities. Muslims and Islam within Austrian system. Church structure shows a limited degree of This law also made possible the plurality. This will create a problem if this establishment of IGGiÖ in the year 1979. This provides a legal model of modern

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European society, which allots place for them, including women and minors, have Islam, recognises its values, and is aware of already joined terrorist militia ISIS. 9 This the contribution of Islam in shaping number is significant and it constitutes European society (Shakir, Stanfel and 0.00035 percent of the Muslim population in Weinberger, 2012: 123). the country. There was discussion among Austrian With this “New Islamic Law”, the Muslims pertaining to the “Islamic law 1912” government strives to counteract extremist which was only concerned with the Hanafite. religious tendencies and create rules for a Some people looked for recommendation “European-style Islam”. The minister of from the Turkey government which hinted foreign affairs and integration Sebastian that legal schools in Islam are different from Kurz (b. 1987) said, “What we want is to those of other religions. The Hanafite, reduce the political influence and control Shafiite, Hanbalite and Malikite which are from abroad and we want to give Islam the known in the Muslim world as legal schools chance to develop freely within our society (madhhab) are equally orthodox. The IGGiÖ and in line with our common European which was established in 1979 declared that values”.10 Kurz went on to say that the law that they not only represented four Sunni aims at granting more rights for Austrian legal schools but also Twelver Shiism, Muslims, as well as avoiding undesirable Ibadism and Zaidism (Potz, 2012: 120). developments.11 In the year 1987 the court took a Elsewhere, Kurz explained, “We do not decision that the article on “according to the have the challenge (with other religions) that rites of Hanafite” in the “Islamic Law of we have to worry about the influences from 1912” was abrogated. The argument was that foreign nations and for that reason, we have the religious neutral state could not restrain to be a bit stricter about the financing from a certain religious community since it fell foreign countries in the case of Islam”. 12 into the unallowable discrimination and the This “New Islamic Law” triggered a debate attack on independency of Islamic within Austrian Muslims, most particularly community. This brings consequence to the pertaining to the funding from overseas. This statute of the IGGiÖ, and accordingly the is due to the fact that most of the mosques in IGGiÖ changed one of statute’s articles “all Austria have been supported by the adherents of Islam who live in Austria” (Potz government of Turkey, and accordingly such 2012: 121). a regulation from Austrian government will weaken the financial state of the mosques in “New Islamic Law” (Neue question. Islamgesetzt) was issued on February 25, 2015 by the Austrian parliament. Many people suppose that this new regulation is aimed at marginalising extremist tendencies 9 within Muslim community. The terror „Regelungen für Muslime: Österreich verabschiedet Islamgesetz“. attacks in some places of the world, most 10 “Austria passes controversial reforms to 1912 particularly which are committed by the Islamic Law”, http://www.bbc.com/news/world- Islamic State of Iraq and Syria (ISIS), are europe-31629543, February 25, 2015. 11 considered as the backgrounds in issuing „Regelungen für Muslime: Österreich verabschiedet Islamgesetz“ (Regulations for Muslims: Austria Adopt this regulation. Islamic Law), In Austria about 560,000 Muslims live. http://www.spiegel.de/politik/ausland/islamgesetz- oesterreich-regelt-islam-europaeischer-praegung-a- Most of them are hailing from Turkey, 1020536.html, published February 25, 2015. Bosnia and Herzegovina, Chechnya and Iran. 12 “Austria passes controversial reforms to 1912 It is assumed that about two hundred of Islamic Law”, http://www.bbc.com/news/world- europe-31629543, February 25, 2015.

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Some Austrian Muslim are not happy from the Part One, Section Two of the “New with the new Islamic law issued by the Islamic Law”: 15 Austrian government since he observes that “Islamische religionsgesellschaften in this law he finds a clause that the Federal ordnen und verwalten ihre inneren Chancellor can anytime cancel this law. angelegenheiten selbständig. Sie sind in According to them, the old Islamic law was Bekenntnis und Lehre frei und haben das more rooted in the constitution (Discussion Recht der öffentlichen with SR, November 26, 2015). Religionsausübung. The debate on “New Islamic Law” was Islamische Religionsgesellschaften followed with interest by the people in some genießen denselben gesetzlichen Schutz other European countries. This can be wie andere gesetzlich anerkannte observed for instance in France, which Religionsgesellschaften. Auch ihre witnessed the Islamist attacks the weekly Lehren, Einrichtungen und Gebräuche magazine Charlie Hebdo in 2011 and 2015, genießen diesen Schutz, sofern sie nicht and accordingly the government thinks of mit gesetzlichen Regelungen in stricter rules. In this regard, the Austrian Widerspruch stehen. minister of foreign affairs and integration Religionsgesellschaften. Sebastian Kurz pointed out the text of the law can serve as a basis for European Kultusgemeinden oder andere regulations. He also stressed, Islamic clerics Untergliederungen sowie ihre Mitglieder have to be positive role models to young können sich gegenüber der Pflicht zur Muslims. 13 Einhaltung allgemeiner staatlicher Normen nicht auf This “New Islamic Law” has specific innerreligionsgesellschaftliche features: Regelungen oder die Lehre berufen, (a) the precondition for the acquisition of sofern das im jeweiligen Fall legal status include a positive attitude anzuwendende staatliche Recht nicht towards society and the State eine solche Möglichkeit vorsieht.” (b) the imams from abroad may only serve

in Austria for maximum one year (c) the pastoral care are to be carried out “[Islamic religious societies regulate by those who have capacities in and manage their internal affairs Islamic knowledge and European independently. They are free in teaching constitution of creed and doctrine and have the right (d) Islamic holidays is guaranteed by the to publically practice their religion. state Islamic religious societies enjoy the (e) The teaching of Islam in schools is in same level of legal protection as any German.14 other recognized religious communities; The independence and restriction of their doctrines, facilities and practices Islamic religious societies are observable also enjoy this protection provided they do not contradict any legal stipulations.

13 „Regelungen für Muslime: Österreich verabschiedet 15 “Bundesgesetz über die äußeren Rechtsverhältnisse Islamgesetz“. islamischer Religionsgesellschaften - Islamgesetz 14 „Das neue Islamgesetzt im Überblick“ (New Islamic 2015“ (Federal Act on the external legal status of Law: An Overview), Islamic religious communities - Islamic law of 2015), http://religion.orf.at/stories/2696523/, accessed http://www.derislam.at/deradmin/news/Islamgesetz_2 February 1, 2016. 015.pdf, accessed November 21, 2015.

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Religious communities or other procedure, most specifically cult allocation subdivisions, including their members order and electoral rules, and their changes should prefer to stick to the general state are only valid with the approval of the rules rather than their intra-religious Federal Chancellor). social rules or teachings, provided that in Notification and reporting obligations each case, applicable state law does not are also regulated by the “New Islamic Law”, provide for such a possibility].” and this to some extent indicates that control of the state towards Islamic religious communities in Austria. This can be It is particularly the stipulation perceived from the following excerpts from “religious communities or other subdivisions, the “New Islamic Law”. including their members should prefer to stick to the general state rules rather than “Die Religionsgesellschaft und die their intra-religious social rules or teachings” Republik sind verpflichtet, über that triggered a reaction from the “Islamic Ereignisse, die eine Angelegenheit dieses Faith Community” (IGGiÖ). This can be Bundesgesetzes berühren, den jeweils perceived from the following quotation: anderen zu informieren. Dies gilt insbesondere für die Einleitung und “The Islamic community said they Beendigung von Verfahren, sowie die also objected to wording that state law Verhängung von Haft für den in den §§ takes precedence over religious rules, a 14 und 21 genannten Personenkreis, phrase that does not exist elsewhere. “It's sowie für innerreligionsgesellschaftliche as if they believe Sharia law will take over Rechtsmittel gegen Wahlen in der Austria”, Baghajati said. “We've said over Religionsgesellschaft oder einer and over in countless statements that we Kultusgemeinde.” 18 stand for pluralism, rule of law and equality”.16 “[The religious community and the Republic are obliged to inform each other

pertaining to events affecting a matter of The “New Islamic Law” is also this federal law. This is especially true for concerned with the interaction between the initiation and termination of religious communities and the state. This can procedures and orders of detention for be discerned from the Part Five, Section the people referred to in the section 14 Twenty Three of this law: “Die Verfassung and 21, and for intra-religious society einer Religionsgesellschaft, die Statuten von appeals against elections in the religious Kultusgemeinden sowie in diesen society or in a religious community].” begründete Verfahrensordnungen, insbesondere Kultusumlagenordnung und Wahlordnung, und deren Änderungen In addition, the “New Islamic Law” is bedürfen zu ihrer Gültigkeit der concerned with religious events so as not to Genehmigung des Bundeskanzlers” 17 (The run in counter with the public order. This is constitution of a religious society, the observable from the following excerpts: statutes of religious communities as well as “Die Behörde kann Versammlungen their respective established rules of und Veranstaltungen zu Kultuszwecken untersagen, von denen eine unmittelbare 16 “New Islamic Law Sparks Controversy in Austria”, Gefahr für die Interessen der öffentlichen http://www.dw.com/en/new-islamic-law-sparks- controversy-in-austria/a-18276225, February 2, 2015. 17 “Bundesgesetz über die äußeren Rechtsverhältnisse 18 “Bundesgesetz über die äußeren Rechtsverhältnisse islamischer Religionsgesellschaften - Islamgesetz islamischer Religionsgesellschaften - Islamgesetz 2015“. 2015“.

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Sicherheit, Ordnung oder Gesundheit conception of European Islam implies that oder der nationalen Sicherheit oder die this concept emerges not genuinely from Rechte und Freiheiten anderer ausgeht. within Muslim community. Gefahren, die aus Anlass der The notion of “European Islam” or Veranstaltung von Dritten ausgehen, “Euro-Islam” can be considered a way of stellen keinen Untersagungsgrund dar. 19 reconciliation between Islamic values and “[The (state) authority may prohibit European key concepts, which have been gatherings and events of worship pioneered most notably by Bassam Tibi and purposes, which may create a direct Tariq Ramadan (b. 1962). Ramadan is a threat to the interests of public safety, Swiss Muslim scholar and currently serves a order or health or national security or the professor of Contemporary Islamic Studies at rights and freedoms of others starts. the University of Oxford. He is the grandson Threats, which emerge from the occasion of Hassan al-Banna, the founder of Ikhwan of the event of third parties, do not al-Muslimin (the Muslim Brotherhood). constitute a ground for prohibiting].” Such a reconciliation may take in the form of, using the phrase of Mohamad (2014: 40) Austrian Muslims and the Notion of “adopting an idealized version of Islam that “European Islam” is ‘unobtrusive’ and ‘in harmony’ with the Some people point out that the notion secular characteristics of Europe”. of “European Islam” is forced from the In making Islam in conformity with outside. Muslims have to conform to the social realities in Europe, Tibi and Ramadan European key concepts. They are restricted felt the necessity of adjustments in terms of in exercising their own identity. In my view, theology and law (Mohamad, 2014: 41). the notion of European Islam is distinct to Tibi’s and Ramadan’s projects are mostly that Indonesian Islam, in the sense that the concerned with such adjustments, latter notion come from within the notwithstanding the criticism of Indonesian Muslim community. The notion “conservative Muslims”. of “Euro-Islam” was introduced by Bassam Tibi in 1992 during the discussion on Ramadan justifies the legitimacy of migration. Tibi was born in Damascus in “European Islam” by arguing that this is a 1944. He moved to Germany in 1962 and kind of reinterpretation and becomes German citizen in 1976. He served contextualization of Islamic teachings in the as a professor for International Relations in context of European culture and society. This some universities. can be observed from the following quotation of Ramadan’s statement Tibi construes European Islam as (Mohamad, 2014: 41-42): follows: “European Islam is revolving around five principles: acceptance of democracy, “This renewal is not a modification of acceptance of separation between religion the sources themselves but a and politics, also laicity, acceptance of transformation of the mind and eyes that individual human rights (in Islam we know read them, which are naturally the existence of collective human rights) influenced by the new social, political, including freedom of religion, tolerance in and scientific environment in which they modern sense, not in Islamic sense, the live. A new context changes the horizons acknowledgement of pluralism of civil of the text, renews it, and sometimes society” (Ghadban 2006: 7). Tibi’s gives it an original purport, providing responses never before imagine.” 19 “Bundesgesetz über die äußeren Rechtsverhältnisse Ramadan’s efforts in justifying Muslim islamischer Religionsgesellschaften - Islamgesetz 2015“. integration into European culture and

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Constitution, Civil Society and the Fight Against Radicalism: The Experience of Indonesia and Austria Asfa Widiyanto society, by grounding on Islamic sources, are “Here naturally lies the challenge of observable most notably from his book re-articulating in Islamic terms entitled To be a European Muslim (2015). characteristics of liberal democracy such as equality (often implying strands such Ramadan does not want to be trapped as gender, sexual orientation and with the displeased question, whether pluralism) and freedom (often implying Europe should be perceived as dar al-islam freedom of speech, lifestyle and religion), (abode of Islam, lands under Muslim rule) or especially when they are constantly dar al-harb (abode of the war, lands not pitted against what many Muslims tend under Muslim rule). As an alternative to to perceive as normative Islamic dogmas, these classical concepts, he promotes such as prohibitions against blasphemy, viewing Europe as dar al-shahada (abode of apostasy, hedonism, and sexual testimony). This designates a space “within ‘perversions’, and commandments for which Muslims are sent back to the essential embracing traditional gender roles and teachings of Islam so that they can adopting Sharia and all the categories of contribute to promoting good and equity law that it implies, including the within and through human brotherhood by controversial hudud.” bringing the strengths of the Islamic message to their mostly non-Muslim Tibi is also involved in cooperation societies” (Pipes 2000). with the governments in Europe in terms of Muslim integration. This can be observed for Further, Ramadan (2004: 18) criticises instance from the fact that in 2005 he his fellow Muslims who holds bipolar vision worked together with the Dutch government pertaining to Islam and the West. to establish an initiative called “Europe: A ‘Whatever is Western is anti-Islamic’ Beautiful Idea”. This initiative was or ‘Islam has nothing in common with particularly aimed at encouraging Muslim the West’. This bipolar vision is immigrants to integrate with European widespread and gives some Muslims a culture and society. This is in line with sense of power, might, and legitimacy in Ramadan’s project, in which he established a Otherness. But not only is this bipolar Muslim pillar in Rotterdam. Through this and simplistic vision a decoy (and the initiative, he encouraged Muslims in Europe claims that justify it are untruths), but to become “Citizens of the Heart” by the power it bestows is a pure illusion: in embracing European identity and integrating practice, the Muslims who maintain themselves into European culture and these theses only isolate themselves, society (Carle, 2011). marginalize themselves, and sometimes, Tibi provides arguments of exhorting by their excessive emotional, intellectual, Muslim to integrate with European values: and social isolation, even strengthen the “Europeans need to be true to their logic of the dominant system whose Enlightenment heritage by giving up ‘blood power, by contrast, lies in always and soil’ concepts of citizenship. In response, appearing open, pluralistic, and rational. immigrants need to ‘bring their identity into harmony with Europe and its cultural Both Tibi and Ramadan are concerned system’. Muslims can do this because they, with the harmonization between liberal like Europeans, are heirs of Hellenistic democracy and dogmatic teachings of Islam. rationalism” (Carle, 2011). Their projects imply some challenges. The future of Austria’s success in Mohamad (2014: 43) points out: marginalising extremism lies in the ongoing elaboration of “European Islam”, how the European Muslims (including Austrian

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Muslims) could respond genuinely to Organizations, for instance, demonstrate European key concepts, without necessarily their commitment to Indonesian nationalism breaking their Islamic values and tradition, and constitutional governance. These Islamic and without feeling forced by the non- Civil Society Organizations also take part in Muslim majority to pursue such undertaking. nurturing the spirit of tolerance within the Muslim community at large. They even In my point of view, it is necessary for defend the rights of other faith communities the Austrian Muslims to firstly come to when these communities are threatened by terms with the plurality within the Muslim the radicals. community, so as to develop a kind of inner- Islamic pluralism. Such a capital is necessary The Federal Constitutional Law 1920, and will become a fruitful step towards the as amended in 1929 is considered to be the elaboration of genuine European Islam. main Austrian constitution. All the basic issues of the structure of the state, The Austrian Muslims are believed to democracy and the courts are governed by assign a double identity: being Europeans the Federal Constitution (Das Bundes- and being Muslims. Many European Verfassungsgesetz). governments including Austria are taking the policy of integration, in the sense that the The “Islamic Law” (Islamgesetz) was Muslims in Europe have to integrate to issued on July 15, 1912. This law is European culture. Some European state concerned with the state regulations apparatus however are not of the complexity pertaining to the rights and obligations of and diversity of Muslim countries, from Muslims in Austrian public sphere.“New which these Muslims, who are now residing Islamic Law” (Neue Islamgesetzt) was issued in Europe, are hailing. on February 25, 2015 by the Austrian parliament. Many people suppose that this new regulation is aimed at marginalising CONCLUCION extremist tendencies within Muslim The state ideology Pancasila could community. With this “New Islamic Law”, serve as a means in countering radicalism if the government strives to counteract it is understood as Indonesian worldview, as extremist religious tendencies and create a “quintessence” or crystallisation of rules for a “European-style Islam”. With this Indonesian (living) values. It could be in mind, we could see constitution and state however trigger the emergence of plays a strong role in eradicating radicalism radicalisation if it is understood as a “forced in Austria. Legal enforcement towards the ideology”. Despite the relatively low degree acts of radicalism and terrorism is relative of legal enforcement towards the acts (let high. Nevertheless we see that the alone plans) of radicalism in the country, percentage of Austrian Muslims which Indonesia is considered by many specialists joined the ISIS is relatively higher than that to be one of the countries which could resist of Indonesian Muslims. This could become radicalism. one of the indications that the Austrian Muslims are still struggling in marginalising Indonesia’s success in eliminating radicalism. radicalism is most notably due to its social capital namely in the form of strong civil The future of Austria’s success in society. Various actors and institutions marginalising extremism lies in the ongoing within the society actively promote the elaboration of “European Islam”, how the virtues of tolerance and mutual respects European Muslims (including Austrian which consequently counter the radicalism. Muslims) could respond genuinely to Indonesian Islamic Civil Society European key concepts, without necessarily breaking their Islamic values and tradition,

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Constitution, Civil Society and the Fight Against Radicalism: The Experience of Indonesia and Austria Asfa Widiyanto and without feeling forced by the non- Bougarel, Xavier. 2007. “Bosnian Islam as Muslim majority to pursue such undertaking. ‘European Islam’: Limits and Shifts of a Concept”. In Islam in Europe: Diversity, Identity and Influence. ed. ACKNOWLEDGMENTS Aziz al-Azmeh. Cambridge: Some data in this paper have been Cambridge University Press. collected during my sabbatical leave “Bundesgesetz über die äußeren fellowship which was funded by the Rechtsverhältnisse islamischer Indonesian Ministry of Religious Affairs, Religionsgesellschaften - Islamgesetz 2015“ (Federal Act on the external which was conducted in 2015, at the legal status of Islamic religious University of Vienna, under the supervision communities - Islamic law of 2015). of Prof. Dr. Rüdiger Lohlker. I would also http://www.derislam.at/deradmin/n thank the Alexander von Humboldt- ews/Islamgesetz_2015.pdf. Accessed Foundation for granting me a renewed November 21, 2015. research stay in 2016, which was supervised Burhanuddin, Jajat. 2007. Islamic by Prof. Dr. Patrick Franke, which allowed Knowledge, Authority and Political me to complete and revise this paper.Last Power: The ‘Ulama’ in Colonial but not least, my gratitude also goes to the Indonesia. Doctoral Thesis. Leiden: reviewers and editors of this journal Universiteit Leiden, 2007. Carle, Robert. 2011. “Tariq Ramadan and the

Quest for Moderate Islam”. Society

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d. If the author is more than one writer, it Example: should be used a connecting word “and” not a symbol “&” Table 4. Number of Rice, Corn and Sweet potato Production 3. Abstract and key words a. Abstract is the summary of article that product 2010 2011 2012 2013 consists of background of the study, Rice 1.500 Ton 1.800 Ton 1.950 Ton 2.100 Ton data collecting method, data analysis method, research findings. Corn 950 Ton 1.100 Ton 1.250 Ton 1.750 Ton b. Abstract should be written in one Sweet 350 Ton 460 Ton 575 Ton 780 Ton paragraph, single space and in italic potato c. Abstract should be no more than 250 Source: Balai Pertanian Jateng, 2013. words d. The word “abstract” should be typed in 5. How to present picture, graph, bold, capital letter and italic photo, and diagram e. Key words should consist of 3-5 words a. Picture, graph, figure, photo and or phrases. diagram should be placed at the center f. Key words should be typed in italic b. Number and title should be typed

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Example: behaviour and definite characteristics Figure 1 of the people but also it includes Indonesian employment in agriculture norm and tradition. compared to others sectors (% of the total employment) - Citations; quotation from a book, or journal article Quotations are the actual words of an author and should be in speech marks. You should include a page number. Example:

Tibi (2012: 15) argues that “Islamism is not about violence but as the order of the world.” Source: World Development Indicator, 2005 It has been suggested that “Islamism 6. Research findings is not about violence but as the order This part consists of the research of the world” (Tibi, 2012: 15) findings, including description of the collected data, analysis of the data, and - Citations - Paraphrasing a book or interpretation of the data using the journal article relevant theory Paraphrasing is when we use someone else ideas/works and write them in our own words. This can be 7. Referencing system done two ways, either is correct. Analisa uses the British Standard Example: Harvard Style for referencing system. a. Citations (In-text) Batley (2013) argues that some of the Analisa uses in note system (in- detainees in the bombing cases were text citation) referring to the British members of JI. Standard Harvard Style referencing system; format (last name of the It has been suggested that some of author/s, year of publication: page the detainees in the bombing cases number). were members of JI (Batley, 2013: - Citing someone else’s ideas. 45). Example: Culture is not only associated with - Citing a source within a source the description of certain label of the (secondary citation) people or community, certain Citing the source within a behavior and definite characteristics source, it should be mentioned both of the people but also it includes sources in the text. But, in the norm and tradition (Afruch and Black, reference list, you should only 2001: 7) mention the source you actually read. Example: Afruch and Black (2001) explains Tibi (2012, cited in Benneth, 2014: 15) that culture is not only associated argues that Islamism is not about with the description of certain label violence but as the order of the world. of the people or community, certain

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It has been suggested that Islamism Effendy, Bahtiar. 2003. Islam and is not about violence but as the order the state in Indonesia. Singapore: of the world (Tibi, 2012 as cited in Institute of Southeast Asian Benneth, 2014: 15). Studies.

- Citing several authors who have made - Chapter of the book similar points in different texts Last name of the author/s, first In text citations with more than name of the author/s. “Title of the one source, use a semi colon to chapter”. In title of the book. Editor separate the authors. name, place of publication: name of Example: publisher. Example: Understanding the cultural Dolnik, Adam. 2007. “Suicide differences is an important element terrorism and Southeast Asia.” In for mediation process (John, 2006: A handbook of terrorism and 248-289; Kevin and George, 2006: insurgency in Southeast Asia. 153-154; Kriesberg, 2001: 375; Alaeda, Tan, Andrew.T.H (ed). 2001: 7). Cheltenham, UK and Northamtom, USA: Edward - Citations - Government bodies or Elgar. organizations

If you reference an organization - Journal article or government body such as WHO, Last name of the author/s, first the Departments for Education or name of the author/s. Year of Health, the first time you mention the publication. “Title of the article”. organization give their name in full Name of the journal. Volume. with the abbreviation in brackets, (Number): Page number. from then on you can abbreviate the Example: name. Du Bois, Cora. 1961. “The Religion of Example : Java by Clifford Geertz.” The World Health Organization American Anthropologist, New (WHO) (1999) suggests that….. Series. 63. (3): 602-604

WHO (1999) explains that …… Sirry, Mun’im. 2013. “Fatwas and their controversy: The case of the b. Reference list Council of Indonesian Ulama.” - Book Journal of Southeast Asian Last name of author/s, first Studies, 44(1): 100-117. name of the author/s year of publication. Title of the book. Place of - News paper publication: name of the publisher. Last name of the author/s, first Example: name of the author/s. Year of Aly, Anne. 2011. Terrorism and publication. “Title of the article”. global security, historical and Name of the newspaper. Date of contemporary perspectives. publication. South Yara Australia: Palgrave Example: Macmillan.

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Author Guidelines

Eryanto, Hadi. 2010. “Menyiapkan State Islamic University Sunan Jihad di Aceh.” Kompas. 18 Kalijaga, Yogykarta Indonesia. March 2010. - Article/paper presented at - Internet seminar/conference Last name of the author/s, first Last name of the author/s, first name of the author/s. Year of name of the author/s. Year of publication. “Title of the article or publication. “Title of the paper.” writing”. Date of access. Web address Article presented at Example: seminar/conference, host of the Suhendi, Adi. 2012. “Dana Osama bin seminar, place of the seminar, date of Laden dipakai untuk bom Bali 1” the seminar. (Osama bin Laden’s fund was Example: used for Bali Bomb 1). Accessed August, 20, 2014 from: Anwar, K. 2007. “Mengungkap Sisi http://nasional.kompas.com/rea Akidah dalam Naskah Syair d/2012/03/26/14001755/Dana. Kiyamat.” Paper presented at a Osama.bin.Laden.Dipakai.untuk. seminar on text of religions, Bom.Bali.I hosted by Office of Religious Research and Development - Unpublished thesis/dissertation Ministry of Religious Affairs Last name of the author/s, first Republic Indonesia. Jakarta, 30 name of the author/s. Year of November 2007-03 December publication. Title of the 2007. thesis/dissertation. Name of the university. 8. Transliteration system Example: Transliteration Arab-Latin system Muhtada, D. 2005. Zakat and refers to SKB Ministry of Religious Affairs Peasant Empowerment: Case and Ministry of Education and Culture Study on Zakat Organizations in Republic of Indonesia Number 158 year Yogyakarta. Yogyakarta: 1987 and 0543/b/u/1987 Unpublished Master thesis for graduate school of social work at

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