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Aceh legislative council to implement stoning bylaw

Source
Jakarta Globe - September 27, 2009

Camelia Pasandaran – Despite widespread condemnation, the Aceh Legislative Council said on Sunday that it would implement a bylaw that allows the stoning of adulterers and the lashing of persons caught having sex out of wedlock.

Raihan Iskandar, deputy head of the council, also known as the DPRA, said the bylaw had been approved by the local government headed by Aceh Governor Irwandi Yusuf. The law, which critics say is contrary to the wishes of the Acehnese, covers adultery, premarital sex, consumption of alcohol, rape, sexual harassment, homosexuality and gambling.

The new bylaw mandates that residents of Aceh can receive up to 400 lashes for child rape, 100 lashes for homosexual acts and 60 lashes for gambling. It is expected to come into effect on Oct. 14, a month after it was enacted by the DPRA.

Raihan, a member of the Prosperous Justice Party (PKS), said he was unconcerned by suggestions the central government would strike out the law.

"It is fine," he said. "What's most important is that we have passed the law and if they do file a judicial review, it will need some time to do it. Meanwhile, the law can be implemented."

Home Affairs Minister Mardiyanto, speaking on Friday before the local government ratified the bylaw, said the ministry would seek a judicial review before the Supreme Court as soon as the local government approved the passage of the bylaw.

"They cannot implement it as long as the local government has not approved it," Mardiyanto said.

He said that once the DPRA received approval from the local government, "we will file a judicial review with the Supreme Court. They could not implement a bylaw that's against the national law," he said.

Saut Situmorang, spokesman of the Home Affairs Ministry, said the legal mechanism did not allow full authority for the national government to repeal a law.

"We may repeal bylaws that run against public interest or contradict bylaws, but with some exceptions," he said. "The exception includes Shariah bylaws. In this case, it may only be repealed with judicial review by the government or related parties."

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