REPUBLIKA.CO.ID, MATARAM -- Constitutional law expert Mahfud MD said, Anies Baswedan has not violated laws although he used the word "pribumi" (indigenous) in his first speech as Jakarta governor.
He explained, the term is already existed for a long time in the Indonesian legal sphere.
The "pribumi" term legally emerged from legal politics in 1848 to enact different laws into every citizen.
During the Dutch colonial period, the Civil Code was applied differently according to the values adopted by each group, such as the Muslims Civil Code, the Chinese Civil Code, or the Civil Code of Indian descent.
"We have Religious Courts. The indigenous judiciary until now still exist, so there is no problem related to the use of "pribumi" term accoding to the law. People always mention indigenous people every day," said Mahfud on the sidelines of the International Conference and Multaqa IV Al Azhar Alumni Islamic Center NTB, Thursday (Oct 19).
Likewise, the Law No. 40 of 2008 on the abolition of all forms of racial and ethnic discrimination, according to Mahfud, has nothing to do with the polemic of indigenous terms.
Mahfud said, race is the characteristics of one's body, while ethnicity includes language as well as belief. Different races and ethnicities can blend in a concept called "pribumi".
However, Mahfud noted the issue became a polemic because it was withdrawn in the political sphere.
Mahfud assesed, the term indigenous possibly feels less precise in politically as it is a sensitive issue.
"It (the "pribumi" term) may be inappropriate politically, but there is no problem in the legal sphere," said Mahfud added.
Anies was reported to the police by Jack Boyd Lapian, a member of the mass organization "Gerakan Pancasila," for quoting the word "pribumi," or indigenous, in his speech made after being inaugurated as the Jakarta governor for the 2017-2022 term on Monday.
Lapian included a video recording of the governor's speech with his report.
"Jakarta is one of the few cities in Indonesia that has closely experienced colonialism, in front of it, for hundreds of years. In other places, colonialism might have been witnessed at a distance, but in Jakarta, the people have borne witness to colonialism. They experienced it every day. Hence, if freedom is taken away, pledges must be met for the Jakartans," Governor Baswedan said in his speech, which was found to be objectionable.
"We pribumis used to be oppressed and sidelined. Now, we have had independence. Now it is time to be the master in our own country. Do not let Jakarta be described like in the Madurese saying 'the duck gives the egg, but it is the chicken that hatches it,'" Governor Baswedan said.
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