Islam Post 911: Indonesian Experience

Walaupun peristiwa teror 911 terjadi di Amerika, namun implikasinya meluas ke seluruh dunia. Hal ini dapat dipahami dari kebijakan Amerika tentang terorisme yang berpengaruh langsung maupun tidak langsmg terhadap semua negara di dunia, termasuk Indonesia. Indonesia sehagai negara berpenduduk muslim terbesar di dunia memiliki kepentingan yang luar biasa untuk sesegera mungkin merespon isu global dengan cepat. Respon tersebut diantaranya dengan membuat perangkat hukum, baik berupa undang-undang maupun peraturan presiden. Apalagi Indonesia diduga menjadi sarang teroris yang indikasinya dapat dilihat dari beberapa tokoh yang terkait dengan jaringan al-Qaeda. Selain dengan perangkat hukum, Indonesia juga perlu melakukan pendekatan agama dan budaya. Pendekatan agama misalnya, tafsir jihad perlu terus diwacanakan agar lebih dekat dengan pembelaan terhadap nilai-nilai kemanusiaan melalui reformasi kurikulum semua jenjang pendidikan Islam. Â Â


A. Introduction
As the world*s fourth largest country and the most populous Muslim nation on earth, Indonesia hosts an arrayMuslims groups ranging from traditional Islam to highly liberal:-The vast majority of Indonesian Muslims are moderate and tolerant, but several radical groups have emerged. The assumption of emerging Indonesian Muslims extremist more clearly when al-Qaeda was introduced to this region by Abdullah Sungkar.^The first indications of al-Qaeda's plan to infiltrate Indonesia became known to Indonesian intelligence in 1998, a few month before Sungkarleft Malaysia and returned to Indonesia. Letters sent by those who prominent Islamic figures in Indonesia were intercepted. They contained a message fcom Osama bin Laden: "that the most important obligationfor Muslims nowadays was to work hard in order to £cee Arabian lands from the grip of enemy of Allah, specially pointing to American Christian and Jews". Reflecting their relationship to the al-Qaeda leader, Sungkar also stated in the letter that "they were willing to show the most secure way to visit Osama whenever the Islamic prominent figures would like to do so". In response, al-Qaeda dispatched a high-powered delegation to the region to enhance ideological influence and operational commitment. Foreign intelligence agencies reported that Ayman al-Zawahiri and Muhammad Atef visited Moluccas and Irian Jaya in 2000, both area affected by long-running conflict, thus conforming with al-Qaeda*s preference for regrouping in areas where tiie rule of law is weak.^Many operationsconducted by al-Qaedain Indonesia, the millennium bombings on Christ mas Eve 2000 are very instructive of their tactic, The campaign of bombings against thirty churches in Jakarta, West Java, North Sumatera, Riau, Bandung, East Java and West Nusa Tenggara was coordinated with al-Qaeda, Mhiila Attacks and in vestigation revealed they were authorized from Malaysia and Afganistan.Î t was no doubt that the tragic events of 911 acted by al-Qaeda's network. The 19 terrorists were identified as Muslims and they have generated set American Muslims back. America before 911 was on the verge of accepting Islam as one of it own, but after the attack of 911 it has paused to once again reassess Islam and Muslims.^Americans were crying out in anguish:^'Why do they hate us"? The ques tion was echoed through out Europe, since no doubted that the attack was directed not just at America, but at the whole of Western civilization.^What happened on *Rohan Gunaratna (2002) The followinghighlights Administration of Indonesian's efforts so far to have created the foundation on which Indonesia continue to build the strength and ca pacity to counter terrorism. Efforts of the Indonesian's government to counter ter rorism, in preventiveand post-attack measures, have been carriedout in four fronts: 1. National; institutional capacity building and strengthening legal infrastructure; 2. Bilateral; establishing bilateral mechanism for cooperation and securing bilateral assistance for institutional capacity building; 3. Regional: enhancing re^onal cooperation amongASEAN member countries, pro moting extra-regional cooperation; 4. International: strengthening the United National multilateral diplomacy. The Law 16/2003 is drawn up to allow for the principle of retroactivity to be applied in the case of 12 October 2002 terrorist attacks. Opposition to this prin ciple of retroactivity maintains that it goes againstboth general legalprinciples and the 1945 Constitution. Critics also fear of human rights violations resulting from the enforcementof such principle. Howevei^terrorist attacksare not ordinarycrimes. Terrorism has an indiscriminate, non-selective or random target. Terrorist "attacks are extraordinary crimes having intended to create a state of terror. Such crimes demand an extraordinary response. Nevertheless, the principle of retroactivity will strictly apply only for the purposes of investigation and prosecution against the perpetrators of 12 October 2002 terrorist attacks.
Thelegislation on terrorism provides a death penalty for natural person and a one trillion Rupiah maximum fine for a corporation convicted of committing or threatening to commit acts of terrorism. It allows the authorities to detain people for seven days in the absence of strong legal evidence that the person may have committed terrorist acts. Intelligence reports could be used as prima facie evidence after being approved by a court of law with the approval process taking no longer than three days.
For investigation purposes, a suspect may be detained for six months. Inimple menting these regulations on terrorism, thegovernment will do its utmost to avoid excesses for a better cause, which is to preventviolations of human rights and to protectits citizens from threat to their safety and security.
Following It is widely identified that terrorism activities may be funded from by the otherkind of crime, such as money laundering. Pursuant to Law No. 15/2002 per taining to Crime on Money Laundering, the government of Indonesia has also es tablished an independent financial intelligence unit, the Indonesia Financial Trans action Report andAnalysis Center (INTRAC), the main task of which is to prevent and eradicate the crime of money laundering.
The Indonesian legislation on combating criminal acts of terrorism is a spe cific one, as it contains new provisions that ate not found in prevadling legislation, and are deviating fiom the general provision of Criminal Code and the Criminal Procedural Code. This legislation also specifically contains the provision on the scope of inter national and transnational jurisdiction and special provisions on criminal acts of terrorism that relate to international terrorism activities. These special provisions are not discriminative in nature. Instead, they are the government's commitment to exercise Article 3 of the Convention againstTerrorist bombing (1997) and the Con vention on the Suppression of Financing Terrorism (1999).
More detailed specifications of this legislation as follows: 1. The umbrella for other legislation relating to the elimination of criminal acts of terrorism; 2. This legislation is strengthened by criminal sanctions and simultaneously a coor dinating act that strengthens the provisions of other legislation; and 3. Special provisions on the protection of die rights of the suspects or defendants, referred to as the"safeguaring rules". Theprovisions introduce among others a new legal institution in the criminal procedural code referred to as 'hearing' that functions as an institution for legal audit' to all intelligence reports and docu-' ments submitted by the investigators to determine whether or no to proceed with the investigation on alleged acts of terrorism; 4. Affirming that criminal acts of terrorism are neither political crimes nor politi cally motivated crimes nor crimes with political objectives. Therefore, the elimi nation there of within the bilateral and multilateral cooperation may be imple mented more effectively; 5. Contains provisions that enable the President to establish a special ad hoc institution on the advice ofthe National Police Chief The existence of the force is based on the prin ciples of transparency and public accountability (sunshine principle) and/or the principle of effective time limit (sunset principle) so as to avoid abuse of power by the institution; 6. Contains provisions onjurisdiction based on the territorial, extra-territorial and nationalactive principles, thus it is expected that this legislation can effectively reach criminal acts of terrorism as stipulated in this legislation b^ond the national territorial boundaries of the • PLepublic ofIndonesia. In order to strengthen the jurisdiction, this legislation also contains the provisions on international cooperation; 1. Contains provisions on the financing of terrorist activities as criminal acts of terrorism, simultaneously strengthening the law on CriminalActs ofMoney Laundering' 8. The provisions oflegislation do not apply to the freedom ofexpression before the public through demonstrations, protests or other activities of advocay. If in the freedom of expression there are acts with criminal elements, the Criminal Code and the Crimi nal procedural Law shall apply; 9. Maintaining the application of special minimum criminal sanctions to discour age and deter the perpetrators of criminal acts of terrorism.
C. Counter Terrorism: Cultural and P^ligious Approach Elimination of criminal acts of terrorism in Indonesia is not only a question of law and law enforcement but also a social, cultural, economic and religious is sues that closely-related to the security of the nation. Therefore, the policies and measures to prevent and eliminate it should also be aimed at maintaining the equi librium in the obligation to protect the state's sovereignty, the human rights of the victims, the wimesses and the suspects or defendants.
The unprecedented of 911 in the U.S. have had a strong negative impact on culture, politic, economic and belief of Indonesian Muslims as a whole. This nega tive impact become more seriously after the Bali Tragedy on 12 October 2002 which appeared to be the second largest loss oflife after 911 (killed over 200 and wounded few hundreds); again a shocking tragedy took place at the JW Marriott HotelJakarta on August 5, 2003 and Bali II, October 1, 2005. Buyers of Indonesian products have reportedly been unwilling to travel to Indonesia and have begun to source purchases elsewhere in the region. In part, this is a result of the perception that foreigners, particularly Americans, may be targets of extremists and the issuance of direats against American interests has reinforced this negative image of Indonesia. Indirect evidence of the negative impact of the September 11 attacks is seen in the fact that growth rates of US imports of nine of the ten top labor-intensive product groups from Indonesia were negative in the fourth quarter 2001. In seven of nine cases, growth became negative, or if already negative, worsened in the fourth quar ter compared with the third quarter of the year. These products include apparel items (5 SITC 3-digit product groups) footwear, and toys and sporting goods. The downside of the terrorist attacks of September 11 are likely to be magnified should Indonesia be unable to respond effectively to reverse these negative perceptions in the \JS9 The defendant of suicide bombing Bali I, Amrozi described his Islamic opin ions to his family and covered by local daily news paper Pikiran PaJ^at in regard the holydayof Islam, Idul Fitri 1426 H in hisJail at Nusakambangan. He stated that he is the Islamic martyr and to be proud to be sentenced by death. He believes that he will be in heaven as the God's reward upon his act of terrorism which he regarded theJihad in accordance with Quran's command. Undoubtedly that such an opinion is really wrong and depicts a little knowing of Islamic doctrine, but distorting and hijacking the meaning of jihad. Therefore, eliminating such act of terrorism based on the lightimderstanding of Islamic doctrine, especially on the meaning of jihad, must be a priority action of the government. Meanwhile the late suspected suicide bombers of Bali II (R. Aja's Cafe Kuta Bali), Aip Hidayat, Misno and Salik Fixdaus come from poor family and they have a little knowledge on Islam that make them easily to be influenced by misused concept of jihad and Islam. This is to say that economic factor and the lack of knowledge on the true meaning of jihad play the role to trigger someone to involve in the act of terrorism. Therefore, dissemination the true meaning of jihadand the dangerof misused its conceptis extremely needed as a way to elitninate terrorism among the Muslims.
Eliminating terrorism within Muslims society considering religious approach highly suggested to disseminate the real meaning of JihM and "sword verses" and the abused ones as well. Short description on the meaning of true and abused Is lamicjihMmay be summarized as follows: The two broad meaning ofJihM, nonvio lent and violent, are contrasted in a well-known Prophetic tradition. It's said that when Muhammad returned fcom battle he holds his followers: "We return from the lesserjihad (warfare) to the greaterJihdd ". The greaterJihad is the more difficult and ' William E. James, Indonesia's External Trade and Competitiveness: Assessing the Economic Costs of Terror presented atconference onthe Economic Cost of Terrorism: Indonesia's Responses, Shangri-La Hotel,Jakarta,7 May, 2003. more important struggle against one*s ego, selfhess, greed, and evil.
]ihadis a concept with multiple meanings, used and abused throughout Is lamic history. Althoughjihadhas always been an important part of the Islamic tradi tion, in recent years some have maintained that it is a universal religious obligation for all true Muslims to join the jihad to promote Islamicreform or revolution. Some look around them and see a worlddominated by corrupt authoritarian regimes and a wealthy elite minority concerned solely with its own economic prosperity and awash in Western culture and values. Western governments are perceived as prop ping up oppressive regimesand exploiting the region's human and natural resources, robbing Muslims of dieir culture and their option to be governed according to their own choice and to live in a more just society.
The defensive nature of jihad is clearly emphasized in QS. 2:190, Andjight in the way of Godwith those who Jightyou, but agrees not: Godloves not the aggressors". The Quran provided detailed guidelines and regulations regarding the conduct of war: who is to fight and who is exempted (QS. 48:17,9:91), when hostiles must cease (QS. 2:192) and how prisoners should be treated (QS. 47:4). Most important verses such as QS. 2 :294 emphasized that warfare and the response to violence and aggression must be proportional:^^Whoever transgresses againstyou, respond in kind".
However, Quranic verses also underscore that peace, not violence and war fare, is the norm. Permission to fight the enemy balanced by a strong mandated for making peace; 'Ifyour enemy inclines towardpeace, thenyou too should seek peace andput your trust in God" (QS. 8:61) and "Had Allah wished, he would have made them dominate you, and so if th^leaveyou alone and do notfightyou and offeryou peace, then Allah allows you no way against them" (QS. 4:90). From the earliest time, it was forbidden in Islam to kill noncombatants as well as women and children and monks and rabbis, who were given the promise of immunity unless they took part in fighting.
But what of those verses, sometimes referred to as the "sword verses" that call for Willing unbelievers, such as, "When the sacred moths have passed, slay the idolaters whereveryoufind them, and lie in waitfor them, at eveiy place of ambush" (Q 9:5). These same verses have also been selectively used or abused by religious extremist to develop a theology of hate and intolerance and to legitimate unconditional warfare against unbelievers. The Hlama (religious scholar) said that "sword verses" abro gated or overrode the earlier Quranic verses that limited jihad to defensive war: in fact, however, the full intent of "When the sacred months have passed, slay the idolaters wherever you find them" is missed or distorted when quoted in isolation. For it is followed and qualified by: "^ut if thy repent andfulfill their devotional obliga tions andpay^akat[charitable tax on Muslims], then let them go their way, for God isforgiving and kind" QS.9:5. The same is true of another often quoted verse: "Fight those who believe not in GodnorVast Day, nor hold thatforbidden which had beenforbidden by God and His Apostle, nor hold the religion of truth [even if they are] of the People of the^ook," which is often cited without the line that follows "Until thy pay the tax with willing submission, andfeel themselves subdued" QS. 9:29 Terrorists like Osama bin Laden as well as Indonesian terrorists go beyond classical Islam' criteria for a justjihdd and recognized no limits but their own, em ployingweapons or means. They reject Islamic law's regulations regarding the goals and legitimate means for a validjihdd: that violence must be proportional and that the only the necessary amount of force should be used to repel the enemy, that innocent civilians should not be targeted, and that Jihad must be declared by the ruler or head of state. Today, individuals and groups, religions and lay, seize the right to declare and legitimate unholy war of terrorism in the name of Islam.
Although most Indonesians are Sunni and follow their Islamic school oflaw responses to marginalize extremists and develop a political theory that emphasized stability over chaos and anarchy, but did not dissuadeall from extremist path. After 911 and couple years before, extremist groups have arisen up to challenge Indone sian government and terrorized their population and attack foreign interest. As stated by "an Indonesian suspected terrorist" that he is the true believer struggling against a pagan society of unbelief or the acts of idolaters in the country. The terrorists attempt to impose their ideological brand of Islam and "hijacked" Islamic doctrines such as jihad, claiming to be defending true Islam, to legitimate their illegitimate use of violence and acts of terrorism.

D. Concluding Pemarks
Combating terrorism and securing the nation and the people from future ter rorist attacks are the top priority of Indonesian government. Indonesian Muslims denounced the terrorist attacks as cruel and uncivilized crime against humanity. However this most populous Muslim nation on earth, Indonesia hosts an array of Muslim groups ranging from traditionalist to highlyliberaL Early combating on ter rorism will be more effective through reformation of Islamic curriculum for all level of education endorsed by the government and the 'ulama (Muslim Scholars).