Government to review Aceh’s stoning bylaw

Erwida Maulia and Hotli Simanjuntak ,  The Jakarta Post ,  Jakarta / Banda Aceh   |  Thu, 09/17/2009 1:33 PM  |  Headlines

Home Affairs Minister Mardiyanto says the government will ask the Supreme Court to review the Islamic criminal code newly-endorsed in Aceh, which condemns adulterers to death by stoning.

Mardiyanto told reporters here on Wednesday that he was coordinating with Justice and Human Rights Minister Andi Mattalatta, who is scrutinizing contentious articles in the bylaw endorsed by the Aceh legislative council on Monday.

“The government and the public can voice their objections to the qanun [sharia bylaw]; they
can demand the Supreme Court review the bylaw if they consider it wrong or improper. The government will no doubt do that,” Mardiyanto said.

“Aceh is part of Indonesia, so it must respect the Constitution and the laws of the country. And remember, Aceh should not be issuing bylaws that are detrimental to its people,” he added.

“Investors will refuse to come, people will be afraid to visit Aceh... They have to take those things into account.”

Under the controversial regulation, adulterers may be stoned to death, while individuals engaging
in sexual activities out of wedlock can be caned. The bylaw, which is applicable to Muslims and non-Muslims, also criminalizes homosexuality and punishes all parties proved to have “facilitated” such acts including hotels and entertainment venues.

In Banda Aceh, Deputy Governor Muhammad Nazar said the administration and legislative council were likely to review the new regulation.

In early October, a new council will be installed, dominated by supporters of the current government under Irwandy Yusuf, the Aceh Party, mostly comprising former members of the Free Aceh Movement (GAM), whose leadership is renowned for not supporting sharia law in Aceh.

Nazar was responding to the National Commission on Violence against Women’s call on Tuesday to challenge another law, the 2006 law on Aceh’s administration, which provides the basis for the provincial authority to issue its own sharia-inspired regulations.

Nazar said there was no need to review the 2006 law — a hard-won concession following the 2005 historic peace agreement between the government and the GAM, ending decades of war.     

However, Nazar acknowledged that the central government could intervene if it deemed something in
the bylaw went against national legislation.

Although the administration initially proposed the regulation, the local government objected to the final result, saying it would not implement the bylaw.

“The provincial government “prefers a more educational penalty” for adulterers rather than stoning, Nazar said.

“This ordinance can be revised as it is impossible to apply at this time, given [the people’s] ignorance of sharia law,” Nazar said, adding that improvements and adjustments were needed before sharia law could be fully implemented in Aceh.

Nazar added that cutting off the hands of thieves was also being considered. Many people would be left without hands, given the temptation to steal in the poverty-stricken province, he said.

 “Applying such a penalty to the poor would be tantamount to the government conducting cruelty against its own people,” he added.

Aceh’s special autonomy law, he said, “is the basic capital of the regional government to reform itself in line with what the people want.”

Its implementation has so far gone smoothly and could be a model for Indonesians elsewhere, he said.

Outgoing lawmakers in the council dominated by the Golkar Party and the United Development Party (PPP) passed the stoning bylaw.

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