Anton Charliyan: The Right To Hijab Paskibraka Must Be Respected, Uniforms Must Not Violate Rights

The Paskibra, which is a woman, became the talk of taking off her hijab, was finally allowed to use hjab. (Illustration Between)

The polemic regarding members of the Heritage Flag Raising Troop (Paskibraka) who were asked to remove the headscarf during the inauguration at the State Palace of IKN continues to draw criticism, although the Head of the Pancasila Ideology Development Agency (BPIP) has apologized. Inspector General Retired. Anton Charliyan, former West Java Police Chief and Chairman of the Central PWI Advisory Council, emphasized that the right to wear the hijab is part of the religious rights that must be respected, even in the rules of uniform use.

"The right to wear the hijab is a part of religious rights, especially for Muslim women. There are hijab orders that require, some are looser, but all of them aim to close the aurat. So, if there are rules that require uniforms without giving alternatives according to religious values, it violates individual rights," said Anton Charliyan in his statement on Sunday, August 17.

Anton Charliyan also reminded that forcing someone to take off the hijab for the sake of uniforms can be categorized as an unpleasant act that violates individual human rights and can be charged with criminal articles. "To order to do or not do anything on behalf of the rules, but violate someone's rights, it can be charged with Article 335 concerning unpleasant actions," he added.

Furthermore, Anton highlighted that even though the uniform is temporary, the right to wear the hijab is a right that is protected by the 1945 Constitution and the protection of international human rights that has been ratified by Indonesia. "The TNI and Polri, known for their strict discipline, still provide uniform alternatives that are adapted to religious values. Moreover, this is only for Paskibraka, which should be more flexible," he said.

Anton Charliyan emphasized that the provisional rules for the use of uniforms should not violate higher rules, such as the 1945 Constitution which guarantees the rights and obligations of every citizen. He also stated that the rules that do not provide alternatives according to religious principles are tantamount to coercion, which is contrary to the principles in the 1945 Constitution, especially Article 28J paragraph 2.

Responding to this polemic, BPIP Head Yudian Wahyudi apologized to the Indonesian people. "BPIP apologizes profusely for the growing news regarding the release of the headscarf for the central-level women's Paskibraka in 2024," Yudian said on Thursday, August 15.

Yudian explained that BPIP followed the direction of the Palace so that the hijab-wearing Paskibraka would still be allowed to wear its headscarf during the raising of Sang Saka Merah Putih at the commemoration of the 79th Indonesian Independence Day in the capital city of the archipelago (IKN). This decision was taken after strong criticism from the public and organizations such as Purna Paskibraka Indonesia (PPI), which stated that the forced release of the headscarf was contrary to the values of Pancasila.