REPUBLIKA.CO.ID, JAKARTA -- Criminal law expert Hibnu Nugroho says banning the hijab in the workplace is a mistake. Therefore, the context is judged not to contradict legal principles.
“When viewed from the public sphere, as in the work sphere, of course, this ban on the hijab is wrong. Since the law in our country is not so, we are a Pancasila state,” Hibnu said when contacted by the Republic on Tuesday (2/1/2024).
Balinese Senator Arya Wedakarna is in the spotlight after a viral video clip of herself alluding to the hijab worn by Muslim women went viral. The video became controversial and drew condemnation from citizens.
In the video, Arya says she doesn't want any women in the frontline section wearing head coverings. He wanted the women on the front lines to have their hair exposed, because Bali is not the Middle East.
“I don't want the front line, the front line, I want the Balinese girl on your kayak, her hair looks open. Don't love the cover, the cover is not clear, this is not the Middle East. It's delicious Balinese, use a flower cake, cook what a cake,” Arya said as quoted by Republika.co.id in Jakarta, Monday (1/1/2024).
According to Hibnu, Indonesians should see and understand that Indonesia is a country based on Pancasila. So that the diversity associated with religion must be accepted according to their respective contexts.
He explained that when in the context of customs or religious rituals, banning the hijab in Bali is of course legal. However, he said, if it is in a general context such as work then banning the hijab is not justified.
He also suggested that the Bali local government provide a legal referral on this matter. Namely, which are the interests of customary law, religious law, and common law.
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