Valentine's Day -- A Western Tradition, Not a Muslim One...

It always happens that when you have a group of grumpy old men sitting around with too much time on their hands and not enough to do who call themselves the peak Islamic Scholars body of Indonesia, then you are likely to get silly fatwas. These fatwas serve no other purpose than to convince most righteous and modern Muslims that these gentlemen really do not "get it".

Now, the Nahdlatul Ulama is generally accepted as Indonesia's biggest Muslim organization. It also happened to be the spiritual home of one of Indonesia's most vocal proponents of a pluralistic Indonesian community, the late Gus Dur. However, more recently Abdullah Cholil of the East Java branch of the NU decided to tell his Muslim brothers and sisters that it was forbidden (haram) for Muslims to celebrate Valentine's Day (photo) in any shape, manner, or form.

According to Abdullah, the day is celebrated by young unmarried people and this would lead to sinful thoughts and actions, such as free sex (perhaps casual sex would be a better term as sex is generally never free - just ask Antasari who paid USD 500 for a little and is now about to embark on 18 years in prison for oral sex).

Furthermore, Abdullah states that young people are not supposed to be doing either, committing sins or having sex. Nevertheless, if Abdullah's concerns relate to youn unmarried people then it would stand to reason that celebrating Valentine's Day for married couples who are gong to be having sinful thoughts about each other and engaging in some carnal pleasure with each other on Valentine's Day should not be a problem, right?

Well, may be it is. It would seem that Lalilurrahman, of the East Java of the Majelis Ulama Indonesia (Indonesian Ulema Council / MUI) went a little further stating that a celebration of romance and love is a Western tradition and therefore haram for Muslims to celebrate as it is not part of Muslim or Eastern culture.

For my mind, this leaves Lalilurrahman a little exposed to the cynics among us who might be tempted to suggest that romance and love are obviously not part of Islamic tradition. Although, I am guessing that there are some more moderate Islamic views on love, romance, and Islamic traditions that remain faithful to the tenets of the faith but make a compelling argument that Laliurrahman and Abdullah have it wrong. I will leave it to them to make those arguments, if they want.

In any event, it goes without saying that Indonesia faces more pressing problems and challenges than Valentine's Day, but then again with a group of grumpy old men who are not getting "any" it seems that if they are not getting their Valentine's Day rocks off then no-one should be getting them off, let's kill it! Or they could just stay home and view some online porn and self-gratify, but that might expose them to being called 'wankers', then again a fatwa banning Valentine's Day might have already taken care of that.

Indonesia, Armani, and a Garuda...

This is one of those times where you sit back in your chair, shake your head, and wonder out loud whether Indonesian politicians have anything better to do. I understand national pride, I understand the need to protect cultural heritage, and I understand insult.

However, I do not understand why you would want to make a mountain out of a molehill on this issue. Unless, of course you wanted to distract the people's attention from more pressing and important matters such as providing a clear explanation of the Bank Century Bailout so that even non-economic types can understand the need, as the government saw it, to bail out a bank of Bank Century's size during a global financial crisis.

Perhaps there is a need to distract people's attention from the shenanigans going on in the Antasari Azhar trial for pre-meditated murder of a love rival. Or maybe it is as simple as needing to distract people's attention away from the faltering president whose 100-day agenda is looking increasingly unlikely to transpire as opposed to just expiring in the sense of dying where it lay.

So, what is this mountain out of a molehill?

Some members of the House of Representatives (usually representing no one but themselves) decided that they were going to pursue Armani for producing a T-Shirt which allegedly desecrates the national symbol of Indonesia. The offending shirt, or at least the image off of it is in the photo above (photo courtesy of Multibrand), has caused quite a stir. The claims, including one from the Minister of Law and Human Rights, Patrialis Akbar, are that the Garuda Pancasila is patented by Indonesia. Now, if this were true, then the image on the offending Armani t-shirt would need to be more than just similar, wouldn't it?

In my mind it would have to be unmistakeably the Garuda Pancasila that everyone associates with being the national symbol of Indonesia. My guess is that most people throughout the world might have some trouble recognizing their own national symbols let alone those of other countries. Yet, in any event, this hardly seems to be a breach of patent (considering patents are for inventions and I am pretty sure that Indonesia did not invent the Garuda). It is also unlikely a breach of trademark.

If Armani was an Indonesian company, then the most likely law to pursue the company under would be the recently passed Law No. 24 of 2009 which deals with matters relating to national symbols, among other matters. Unfortunately, Law No. 24 of 2009 is not likely to have much extra-territorial application if the idea is to pursue Armani overseas. It is also unlikely to succeed in pursuing Armani stores that sell the goods in Indonesia either.

Brett over at Spruiked takes a peak at this issue in his usual forthright manner, and it is worth a read.

The real question is does the use of the Garuda in this way really offend the sensibilities of the majority of Indonesians? My guess is, No! The common sense of the vast majority of Indonesians need not be questioned. And, it is an unfortunate thing that this vast majority is not in the House of Representatives, because then Indonesians and those of us with an interest in Indonesian affairs would not have to read such drivel as a few members of the House of Representatives exploring the possibility of suing a fashion label for using an image of a mythical creature.

Maybe Indonesians are, on the whole, proud that an image they associate with is used in such a way. It is worth noting that Armani has supposedly apologized for any offense it may have caused.

There really must be more important issues of governance to attend to, right?

Syekh Puji and the Office of the Attorney General...

The Office of the Attorney General (AGO) has stated that it intends to appeal against the preliminary decision handed down by the Ungaran District Court in the case of child sexual abuse against Pujiantocahyo Widianto or Syekh Puji as he is known by his followers.

The Ungaran District Court dismissed the indictment for being incomplete and vague. The rationale of the court was that the indictment failed to detail explicitly how and when the offenses were committed. Presumably, the prosecutors failed, according to the court, to get into the nitty gritty of detailing what type of sex was had, when the sexual intercourse occurred, and where. Any amended indictment that seeks to satisfy the court in this regard is certainly going to make for interesting reading.

Albeit, it seems that the trend to explicit detail in indictments regarding sexual activity has already been started by the AGO in the case against Antasari Azhar in the South Jakarta District Court. The indictment read out by the prosecutors in the Antasari case caused some controversy as it was the first time the sexual practices of a former public official were entered into the court records. The indictment detailed Antasari's need for some hand relief (also known as a happy ending or being masturbated) from someone else's wife. For which he paid USD 500.

Back to the Syekh. The AGO is going to appeal to the Central Java High Court seeking the court to overturn the ruling. If they are successful in their appeal, then the Central Java High Court is most likely to order the matter to proceed in the Ungaran District Court. The appeal is based on a cause of action that the court / judges erred in their application of the relevant laws. Simply, the indictment is not flawed but the legal reasoning of the judges is flawed in this case.

The dismissal of the indictment against the Syekh poses an interesting dilemma. The girl in this case is a girl at just 12-years of age when the Syekh married her. So, there is seemingly a prima facie case on which to proceed. The dismissal of the indictment, by default, says that there is no case on which to proceed. Therefore, the dilemma is whether or not this dismissal can be read as condoning and legalizing pedophilia in Indonesia?

It is clear under the marriage law that a child of 12 years of age cannot marry. It is also pretty clear that the parents of a 12-year-old would encounter some legal obstacles in condoning such a marriage. The Child Protection Law explicitly states that a child is a child until they reach the age of 18. So, to allow this decision to stand unchallenged sets a bad precedent. The AGO has an obligation to pursue this through higher courts.

Interestingly, it would seem that the argument that the practice of marriage according to the rules of Islam trumps any national laws that are in place that would seemingly prohibit such practices. There is some debate about whether Islam of the 21st Century still condones the marriage practices of the 7th Century as they relate to child brides. However, the Ungaran District Court decision has added a new dynamic to the framework of the argument.

It would seem though that, at least in the interim, the Syekh is free to go about his daily business as a handicraft exporter and husband to a child bride.

Antasari Azhar and Murder

What follows is a revised comment from this post on another topic where the question of Antasari Azhar (picture courtesy of Viva News) came up.

I have written elsewhere that where there is smoke there is most likely fire. I am going to go out on a limb and state that I am leaning towards there being fire in the Antasari case.

There are many commentators, Indonesian and non-Indonesian, who are suggesting that this is revenge and a frame-up.

In line with the smoke and fire analogy, the suggestion that this is a frame-up indicates a conspiracy of the highest order that could not conceivably be maintained and would unravel at the earliest opportunity. And, the court of public opinion might be split on guilt and the word on the street is not 100% one way or the other, but there are also plenty of people thinking that this is not the frame-up some are claiming it to be.

This is high profile and as such if it is a stitch-up as many claim, then there are so many others that could have been stitched-up other than Antasari.

Simply, there seems no point in bringing down Antasari if he is not involved.

Antasari has been caught out, at least with his pecker out of his pants and in the hands of an "educated" golf caddy who is being portrayed in the media as an excellent handler of sticks, or is that drivers, for the right fee. I cast no aspersions on the girl, I do not know her. Yet, I do not see any more happy endings on this one.

Let's face it, my reading of the news reports to date suggest, the girl is alleged to have panicked and called the police which really got the ball(s) rolling, so to speak. I would love to get a hold of her mobile phones and download the address book, they would certainly seem to be the veritable repository of contacts of the who's who of the Indonesian elite (and maybe the odd compromising photo or two), an electronic black book if you will.

The beauty of Indonesia is that it has a really short memory and the attention span is equally short. This is not something unique to Indonesia, but probably is relevant in this case. There were serious questions raised about the suitability of Antasari prior to his original appointment to the KPK. In fact, there were some interesting allegations raised about his extra-curricular activities. He was never convicted of anything and as such the allegations remain just that, allegations.

Nevertheless, this should be reasonable ammunition for the "I told you so" crowd that will inevitably appear.

However, I am far from convinced Antasari has been set up. The most likely scenario with what is available in the public domain is that Antasari was aware of corruption in a state-owned enterprise, and he probably became aware of this through Nasrudin. However, as horny old men are prone to do, Antasari was to busy getting his post-round workout with the caddy and forgot to move forward on the corruption documents and investigation. Nasrudin threatened to expose Antasari and then the rest you can probably work out for yourself.

Now all that said, I am all for due process and the Police and the Office of the Public Prosecutor still have to make their case in a court of law. If they do and Antasari is found guilty and convicted, so be it. If he is cleared of any involvement then so be it. Antasari can defend himself against the charges, through his legal team.

It is going to be interesting and fun to watch this one unfold.