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Local By-laws

Over the past three years, a strong wave of ultra-conservative District-level by-laws (Perda) has emerged across the country, most predominantly in Java, Sumatra, and Sulawesi. Significant patterns have built up in many districts, and often the first district to develop such bills becomes the blueprint for others.
Proposed laws are put forward by the local governments (either at provincial of district levels, DPR-D), and these Syariah-based Perda are largely the product of political positioning by PKS (Partai Keadilan Sejahtera, Justice and Prosperity Party), who, as was the case with their lobbying for RUU APP (Rancangan Undang-Undang Anti-Pornografi dan Pornoaksi, Proposed Law Against Pornography and Indecent Behavour), have openly admitted that they feel the insertion of Islam-based laws will win them popular support amongst Muslim voters and allow them to refer to such district-level laws as the verifiable results of their term in office.

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In Sumatra, Syariah-based moral codes emerged in proposed District-level Laws focusing on prostitution, originating in Padang (West Sumatra) in 2001 and have been adopted by other districts, most notably Kepulauan Karimun (Riau), Palembang (South Sumatra), and Bengkulu (Bengkulu). The Sumatran Perda focus more on limiting residents' activities to those condoned by the al-Quran, and offer strict definitions about what's considered 'indecent' (maksiat - not compliant with religious moral codes). Women found outside their homes after 19:00 or 22:00 (depending on the district) without male accompaniment or 'obvious destination', are considered prostitutes and can be arrested and detained for up to 5 days without charges.
When we examine the current working situations of many women in these areas, especially those from poorer families, these laws not only restrict their basic freedoms, but also their ability to make a living. Many poorer women work at the local markets, selling vegetables. These markets open between 5 and 6 in the morning, and their workday generally starts at midnight or 1 in the morning. Furthermore, many women work shifts, attend classes, or go to work far enough from their homes that these curfews are not realistic.
In addition to the restrictions on women's freedoms, these Perda have defined all acts of homosexuality as prostitution. As such, simply being a homosexual is (and has been) enough reason to be detained by police without any charges or evidence of illegal acts. Being homosexual is enough to be prosecuted as a prostitute.
In Western Java the first District to adopt Islam-based laws was Banten, also in 2001, in its pursuit to become an autonomous Islamic state. West Java is known as a hotbed for Islamic rebellion, and many other districts followed suit, including Tasikmalaya, Cianjur, and Cirebon. At present, West Java represents the highest percentage of ratified Perda, with Tangerang (Banten), and Depok (West Java) leading the way and Bekasi (West Java) soon to follow. All three of these Districts are suburbs of Jakarta.
In Jakarta itself, Lesbian, Gay, Bisexual, Transgender, and Transsexual (LGBT) are legally considered cacat, or mentally handicapped, and as such are not protected by the law. In stark contradiction to this, many LGBT are still arrested and detained, often without charges or clear reason, only to be released after a few days. This contradiction, LGBT falling outside the law while still being subject to it, is one of the injustices that Arus Pelangi hopes to combat.
The Perda in West Java place a lot of the same restrictions on their populations, especially those of women, some requiring the use of jilbabs (Islamic headscarves) and all enforcing curfews for women.
In Sulawesi the same trend of conservative, Syariah-based laws emerged between 2001-2003, starting in Makassar (South Sulawesi), and copied in Bone (South Sulawesi), Gorontalo (Northern Sulawesi), Ternate (North Maluku), and Maluku Utara (North Maluku).

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