Jakarta – NGOs will request a judicial review of the newly endorsed bylaw in Aceh that condemns adulterers to be stoned to death.
Norma Manalu, coordinator of the Women's and Children's Division at the Aceh Coalition of NGOs for Human Rights, said Thursday the coalition would file a judicial review request to the Supreme Court next month if the newly appointed members of the Aceh Legislative Council did not provide a resolution.
The coalition, which represents 15 NGOs in Aceh, expects the newly installed council to review the new bylaw, which was passed on Sept. 14.
Norma told The Jakarta Post that she had been approaching the newly appointed council members and that many of them had responded positively to her calls for the bylaw to be reviewed.
Although members of the Aceh Legislative Council passed the bylaw, Deputy Governor Muhammad Nazar said the local administration had objected to the final result and would not implement the bylaw.
The recently installed council, which is dominated by supporters of the current administration under Irwandy Yusuf and the Aceh Party, mostly comprises of former members of the Free Aceh Movement (GAM), whose leadership is known for not supporting sharia law in Aceh.
Norma said the coalition would also talk to officials from the State Ministry for Women's Empowerment to support the possibility of reviewing the new bylaw.
Article 24 of the bylaw states that unmarried citizens that commit adultery will be whipped 100 times, while married people caught committing adultery will be stoned to death.
In addition to the controversial Article 24, Norma said, paragraph 14 to paragraph 32 of Article 1 of the bylaw included ambiguous statements about adultery and alcoholic drinks that could interpreted in numerous ways by political parties, social organizations and the Acehnese.
She said the bylaw was contrary to the 1999 Human Rights Law and the 2002 Child Protection Law.
Nazar acknowledged the government could intervene if it believed the bylaw contradicted national legislation. "The provincial administration 'prefers a more educational penalty' for adulterers rather than stoning," Nazar said.
Norma said the bylaw did not clearly state the local administration's role in resolving any problems arising from its implementation.
She said that although the government had granted Aceh special autonomous powers in 2001, allowing the province to implement sharia law into its criminal code, the issuance of bylaws should be in accordance with social conditions.
According to the coalition's survey, many Acehnese are ignorant of the content of the bylaw, including Article 24. "We have been raising people's awareness about this bylaw and its impact if it is fully implemented," said Norma.
Nazar confirmed Norma's statement, saying the ordinance could be revised, as it was impossible to apply at this time. "Improvements and adjustments are needed before the bylaw is fully implemented in Aceh," he said.
Legislator turned legal expert, Nursyahbani Katjasungkana, criticized the local council's ignorance in addressing the problem.
"They didn't even conduct a public assessment before the endorsement of the bylaw," she said. She said the local administration and council members had to have the political will to address the problem.
Agung Pambudhi, executive director of the Regional Autonomy Watch (KPPOD), told the Post earlier this month that the government needed to set up a systematic institutionalized monitoring system to control the implementation of bylaws. (nia)