http://thejakartaglobe.com/home/aceh-prepares-to-see-stonings-lashings-as-law/328853

September 09, 2009 
Nurdin Hasan & Dessy Sagita

Aceh Prepares To See Stonings, Lashings as Law

Married Muslims in Indonesia's staunchly Islamic province of Aceh could be 
publicly stoned for committing adultery under a new piece of legislation that 
the autonomous province's legislature is scheduled to pass on Monday.

With partial Shariah law already in place under the broad autonomy accorded to 
end almost three decades of violent separatist conflict, Aceh looks set to take 
a giant and controversial step with the law, which also mandates that single 
Muslims caught having premarital sex will get 100 lashes with a whip.

The drastic punishments are part of a regional regulations bill on local 
customs (qanun) regarding Islamic crimes (jinayat) that the Aceh Provincial 
Legislature (DPRA) will endorse, Raihan Iskandar, deputy chairman of the body, 
told the Jakarta Globe on Tuesday.

Iskandar, a member of the conservative Islam-based Prosperous Justice Party 
(PKS), said a special legislative committee had finished deliberating the bill 
after receiving input from various groups.

"The team has discussed it with . experts from the police, [local] Attorney 
General's Office, judges, the High Court, Shariah Court, scholars and Islamic 
law experts," he said, denying the bill was controversial and saying that it 
mostly followed nationally accepted laws.

He also said the 2006 Law on the Governing of Aceh, passed by the House of 
Representatives in Jakarta, authorized the province to pass regional 
regulations and that the province was free to implement an Islamic criminal 
code.

"But we cannot blindly lash or stone people," he said. "It must be done based 
on regulations as stipulated in the qanun, starting with investigation, 
interrogation, arrest and trial in the Shariah Court."

Dozens of young men from the Communications Forum for Shariah rallied in front 
of the local legislative building on Tuesday in support of the bill. 

Basri Efendi, one of the demonstrators, said Aceh's provincial government and 
its governor, Irwandi Yusuf, did not support implementing more Shariah laws.

Former President Abdurrahman Wahid first endorsed Shariah for Aceh nearly a 
decade ago, but said at the time that it couldn't include harsh punishments 
such as stoning or decapitations because they violated human rights and the 
country's Constitution.

Nonetheless, Iskandar assured the demonstrators in Banda Aceh that the bill 
would be passed. "We have received much support to ratify it. We hope with the 
existence of the qanun jinayat code, there will be a clear mandate to enforce 
Islamic Shariah in Aceh," he said.

It remains to be seen whether the public stonings in Aceh will provoke 
controversy. Presidential spokesman Andi Mallarangeng declined to comment on 
the proposed legislation on Tuesday, saying he wasn't fully aware yet of its 
details.

Andi Nasrun, an expert on state administration based in Jakarta, said a qanun 
jinayat code was not against the law because Aceh had a special privilege to 
impose Shariah based on its history as the country's bastion of Islam.

"Even the Constitution states that the province's special character should be 
respected and preserved," Andi said.

But Nurkholis, a member of the National Commission on Human Rights (Komnas 
HAM), said the legality of the code was still debatable. "Such a code has the 
potential to violate human rights if it's not enforced properly," he said.

Aceh native Thayeb Loh Angen, editor in chief of the Harian Aceh newspaper, 
blasted the planned legislation as unnecessary. "Fix the governance system, 
arrest corruptors, stop taking care of unimportant matters - that's what this 
province really needs," he said.

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