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Jakarta Post

Letters: Stop the violence in Aceh

Despite the fact Aceh is now peaceful, violent incidents still happen

The Jakarta Post
Thu, January 21, 2010

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Letters: Stop the violence in Aceh

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espite the fact Aceh is now peaceful, violent incidents still happen. This time the victim was a student at Langsa, who experienced a return to violence, when she was allegedly raped by three sharia policemen (Wilayatul Hisbah, or WH) at the police office in Langsa.

The police stated that it had arrested two members of the WH who allegedly committed the crime and was still chasing one other suspect. A similar incident happened to a student and her male friend who were arrested by members of the WH. Both had allegedly violated the qanun of seclusion (two people being alone together, which may lead to adultery). While the man was released, the student was detained at the sharia police office where she was raped by members of the WH.

The sexual violence has, of course, provoked strong reactions from society. An observer from the Community Alliance of Women’s Rights, consisting of 24 civil society organizations and universities in Aceh, demanded that the incident be thoroughly investigated. The strong reaction is not only related to the rape itself but the authority of the sharia police.

In the 2002 qanun law on the implementation of sharia in the field, in chapter VI on surveillance, investigation and prosecution, Article 14 (3) and (4) states that WH authorities may reprimand and advise offenders. If the offender has not changed, WH can submit the case to investigators (i.e. the police). In other words, WH authorities have no authority to neither detain nor investigate; therefore, detention by the WH is against the law and exceeds their authority.

So no wonder the community demanded that police and prosecutors in Langsa resolve the cases in court, not by way of kinship, because rape is a criminal act damaging to human dignity. In the 2009 qanun law on the protection of women’s empowerment, Article 20 (1) states that all women in Aceh who face legal problems must be treated in accordance with dignity and humanity.

Therefore, the violence against women that occurred in Aceh should be considered an example of legal dualism and reviewed, namely the contradictions between national and sharia law, because Aceh is a region of the Republic of Indonesia, which should enact a national law.

Proper care for the victims and other legal measures are considered to be necessary to change sharia law into a more humane, equitable gender perspective, acknowledging the rights of women.

T David Yusuf
Jakarta

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