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The Paradox of Identity Legislation: Comparing Sharia Law in Aceh and Gospel-Inspired Regulation in West Papua, Indonesia (106041)

Session Information: Cultural Studies: Politics
Session Chair: Dani Muhtada

Tuesday, 12 May 2026 12:40
Session: Session 2
Room: Room G408 (4F)
Presentation Type: Oral Presentation

All presentation times are UTC + 9 (Asia/Tokyo)

The granting of special autonomy in Indonesia has enabled regions to adopt legislation rooted in religious values to accommodate majority identities. This study provides a comparative analysis of two contrasting cases: the implementation of Sharia Law in Aceh (Islamic majority) and the Gospel-Inspired Local Regulation in Manokwari, West Papua (Christian majority). Using a qualitative, descriptive-analytical approach, this research examines how these religion-based policies impact the civil rights, public service access, and social cohesion of minority groups. The findings reveal a paradoxical pattern in the implementation of these regulations. In Aceh, the impact on minorities is primarily behavioral and implementation-based, driven by the "identity prominence" of bureaucrats. Conversely, in Manokwari, the impact is structural and symbolic, creating a sense of marginalization despite the regulation’s lack of substantive legal enforcement. However, the study finds that the potential for discrimination is significantly mitigated not by state law, but by powerful social mechanisms: Aceh’s tradition of tolerance (Peumulia jamee) and Manokwari’s Satu Tungku Tiga Batu philosophy. The article argues that the practical protection of minority rights relies on the interplay of political pragmatism, legal pluralism, and local wisdom rather than formal legal substance. It proposes three policy principles (shifting from symbolic to substantive legislation, institutionalizing the principle of proportionality, and harnessing local wisdom) to ensure that regional autonomy strengthens national integration without compromising pluralism.

Authors:
Dani Muhtada, Universitas Negeri Semarang, Indonesia
Mohd Izzat Amsyar, Universiti Kebangsaan Malaysia, Malaysia


About the Presenter(s)
Dani Muhtada is an Associate Professor of Law at Universitas Negeri Semarang. His interests include legal pluralism and minority rights. He is currently researching the impact of religious identity legislation in Aceh and West Papua.

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Posted by James Alexander Gordon

Last updated: 2023-02-23 23:45:00