News

Jakarta- Prosperous Justice Party (PKS) has criticized President Susilo Bambang Yudhoyono (SBY) issued a Presidential Regulation No. 74 Year 2013 on Alcoholic Drink Control and Supervision.

Chairman of the party MCC Aboe Bakar Al Habsy said about the legal regulation issued by the president should provide a solution to the dangers of alcohol. Because, according to a study no less than 50 people die every day.
"The many victims were mostly caused due to adulterated drinks or illegal drinks," said Aboe when confirmed, Friday (10/01/2014).

Supposedly, Aboe said, the rules made by the government to provide solutions to these conditions. "It seems like the rules are still too soft, whereas of 530 districts / cities in Indonesia, only 20 areas that have liquor regulations," said Member of the House of Representatives from Commission III.

Regulation No. 74 2013 in fact rising to replace Presidential Decree No. 3 1997 which has been canceled by the Supreme Court because judged contrary to the Law No. 36 Year 2009 on health, Law No. 8 of 1999 on Consumer Protection and Law No. 7 1996 on food.

"It should be published when a new presidential regulation, the President made the judgment the Supreme Court as an input for improvement," he said.
In Presidential Regulation No. 74 Year 2013 the government returned to categorize alcoholic beverages as goods under surveillance. The novelty of this Presidential Regulation is granting authority to the regents and mayors in these areas, as well as the governor of Jakarta to determine the places where alcoholic beverages may be sold or consumed. Condition, must not be adjacent to places of worship, schools, and hospitals.

"The emergence of Presidential Regulation 74/2013 will again collide with a total circulation of regulations that prohibit alcohol," said Aboe.

He suspects the fray will happen when the Minister of Internal Affairs to re-evaluate alcohol regulation in a number of areas.

"Supposedly, regulation provide space for legislation to restrict alcohol in total circulation territory, it is local wisdom that government should be respected," he said. (Jakarta, Tribune News 10th January 2014)

Comment

The disadvantageous caused by liquor (khamr) is not a doubtful thing to be proven. Tens of thousands people died because they consumed liquor. Data from WHO mentioned that 320,000 people in the world died annually because of various diseases related to alcohol. In Indonesia, there are at least 18.000 people each year also have to lose their lives because of it. Moreover, there are a lot of crimes and moral destruction caused by it. This matter has been allegedly by Sharia Islam which categorizes liquor as the source of crime (al khamr umm al jaraa'im). Thus, everyone who has concerns in keeping the regulation, pleasure and willing moral dignity in a society has to dream about a government policy that forbids the production and distribution of liquor. In accordance to Presidential Regulation No.74/2013 on the control and supervision of liquor, it is a must for us to consider:

1. The problem of alcoholic drink in Indonesia, actually roots from the implementation of capitalism system. This system always opens space to make forbidden business come including liquor. The principle is, as long as there is market demand, which is profitable for the business and there will be income for the country, then every business including those that ruin the society will be provided, it shows that the government tends to lead more to business interest (capitalist) than the interest of people morality protection. This is a reflection of secular-capitalistic leader. The fact, this President Rule comes as compromise path between public will who wants a strict rule about distribution of liquor that has been spread sporadically and business interest of enterprises determined as the side who still gives promising profit for state income for tax.

2. Presidential Regulation No. 74/2013 about Control and Supervision of Liquor is not intended to forbid the production and distribution of liquor. The content only manages, controls and supervises the distribution of liquor. The proof is on the subsections that rule (a) Everyone is allowed to produce and import liquor, rather than to say it is prohibition to produce and import liquor. (Subsection 3) (b) In the place allowed to sell drink which has high alcohol rate, such as in hotel, bar and restaurant that have met the condition, and in the free duty shop, meanwhile drink that has 5% low alcohol rate, it can be sold in every shop as long as it is sold in package and the location of the shop is not near with hospitals, schools and worship place. (Subsection 7) (c) Giving authority for governor or mayor to issue local rules to adjust where the distribution of liquor is forbidden or not.

3. There are a lot of people who have been fooled by thinking that this Presidential Regulation will become a regulation that will stop totally the distribution of liquor as what they have expected. It is far from the truth and hope of the public. In fact, this Presidential Regulation only firms that the government does not want to lose their source of income even from forbidden business of production and distribution of liquor.

Instead of protecting the society from disobedience and destruction caused by liquor, on the contrary government enacts that the production and distribution of liquor are needed because it is profitable (for some businessmen and tax). So where is the government defense for the public if in the name of this profit, the safety and peace of the public are ignored?

Islamic Solution

Islamic Sharia clearly forbids liquor (khamr) (al-Maidah [5]: 90) and considers drinking khamr as great sin and the doer should be punished by had. As for the hadd (punishment) of khamr drinker is by being whipped for 40 times or more. Islam also forbids and abolishes everything related to khamr, started from license, production (factory), distribution (shops that sell liquor), to those who drink it. Those people are hatred by Allah (swt).

Because of that, the government is supposed not only producing Presidential Regulation about Control and Supervision of Liquor, but also they have to legalize law and make policy that forbids liquor totally. The danger of khamr and all of destruction caused of it are possible to be diminished from the society by implementing Islamic Shariah comprehensively. Therefore, in reaching our dream of having society who is peaceful, clean and has high dignity and moral, we should force ourselves to multiply our struggle to establish Islamic sharia in the frame of politic system that has been legalized by Islam, namely Khilafah "Caliphate" system.

Written for the Central Media Office of Hizb ut Tahrir by
Iffah Ainur Rochmah
Spokeswoman of Muslimah Hizb ut Tahrir Indonesia