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More support raised for review of Aceh stoning bylaw

Source
Jakarta Post - September 19, 2009

Hotli Simanjuntak, Banda Aceh – More woman's groups in Aceh are calling for a review of the new bylaw which allows capital punishment by stoning for adulterers, though the local government has already refused to sign it.

"The best way would be to request a judicial review" at the Supreme Court, said Puspa Dewi of the Women's Solidarity organization here. "We will also lobby the new lawmakers," she said of the new members of the legislative council who will take office on Oct. 1.

Outgoing lawmakers had passed on Monday the controversial Islamic criminal code which applies to both Muslims and non Muslims, saying it refers to the national criminal code which does not differentiate citizens.

Unlike the national criminal code the jinayat, as the new bylaw is called, does not refer to crimes such as murder and corruption, drawing protests of preoccupation with moralistic, private affairs.

According to the Aceh governance law, in 30 days laws passed by its legislative council will be effective regardless of the government's endorsement.

Sri Mulyani, an activist here, said Friday that a polling should be held before the jinayat was fully implemented.

"The Acehnese have always been Islamic; they don't need to be pushed into the sharia, more so through the stoning penalty," she said. She adding that women in Aceh were used to wearing headscarves since they were young, without any regulation to the effect

On Monday Aceh's Commission of Human Rights had said it would file a review of the new bylaw at the Supreme Court. The central government is also filing a review to the Supreme Court and the local government's representatives have voiced objection.

Lawmakers say they have accomodated all interests across Aceh, while activists say there was little publication and public involvement regarding the bill.

Aceh is the only province in the country formally allowed to issue sharia-based legislation. The new bylaw prompted the National Commission on Violence Against Women to call for a review of the Aceh governance law itself which justifies the issuance of such legislation.

Following the 2004 earthquake and tsunami, and after decades of war, Mulyani said, Aceh still needs the help of the international community, but she said the bylaw would only "isolate" Aceh.

A vendor called Aisyah said the jinayat was needed in Aceh, but she disagreed with the stoning penalty. "Aceh is refered to as the region based on the sharia, but indecent acts, gambling and other legal violations are still rampant; so a firm hand is needed," Aisyah said.

However many are still too ignorant of the sharia to warrant a penalty such as stoning, she said.

Jamil, a military veteran, was among those supportive of the bylaw. "If Aceh is based on Islam, why fear such a penalty? If adulterers are not punished we would have lots of children born out of wedlock."

Lawmakers have said the conditions for the capital punishment for married adulterers is very strict, requiring four credible witnesses.

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