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Jakarta Post

Qanun Jinayat provokes over-criminalization of LGBT people, vunerable groups: ICJR

  • News Desk

    The Jakarta Post

Jakarta   /   Sat, April 1, 2017   /   02:19 pm
 Qanun Jinayat provokes over-criminalization of LGBT people, vunerable groups: ICJR An executioner canes a man found to have violated Qanun Jinayat, or Aceh's Islamic Criminal Bylaw, at the Rukoh Mosque yard in Syiah Kuala subdistrict, Banda Aceh regency, on March 1. The Banda Aceh Sharia Court sentenced 18 people to six to 40 lashes after being found guilty of gambling, consuming alcohol and extramarital public display of affection. (Antara/Irwansyah Putra)

The Institute for Criminal Justice Reform (ICJR) has lambasted the Aceh administration’s Islamic criminal code bylaw, or Qanun Jinayat, saying it could potentially provoke discrimination and over-criminalization of LGBT communities and other vulnerable groups.

Qanun Jinayat imposes criminal sanctions on both Muslims and non-Muslims found to have consumed liquor, dated in public or carried out same-sex relations, among other things.  

“The state has gone too far by interfering on the private affairs of its citizens and making their personal matters a public affair. This will eventually lead to discrimination and injustice against vulnerable groups, including LGBT [lesbian,gay,bisexual,transgender] communities,” ICJR said on Friday.

Aceh Public Order Agency (Satpol PP), or Wilatul Hisbah, personnel arrested on Tuesday two male students identified as MT, 23, and MH, 21. The students, who lived in a boarding house in Banda Aceh, were suspected of being involved in a same-sex relationship.

The two students were taken to the Wilatul Hisbah office for questioning. They were accused of violating Article 63 (1) of the 2014 Qanun Jinayat, which states those found to be carrying out same-sex relations will face a maximum sentence of 100 lashes or pay a maximum fine of 1,000 grams of pure gold or face 100-month imprisonment.

The ICJR says it regrets the impact of the implementation of Qanun Jinayat in Aceh. This case will increase the stigma against LGBT people in the province, it further says.

“It has intervened the rights and privacy of citizens. The LGBT community in Aceh will continue to be the target of arrests taking place in their private space.” (dis/ebf)