http://www.thejakartapost.com/news/2010/01/21/letters-stop-violence-aceh.html

Letters: Stop the violence in Aceh
Thu, 01/21/2010 11:10 AM  |  Reader's Forum 

Despite 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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