Nurdin Hasan, Banda Aceh – Aceh Governor Irwandi Yusuf has refused to sign the controversial Qanun Jinayat Code, or Islamic bylaw, and asked newly installed members of the Aceh legislature to deliberate on the draft again.

"I sent a letter to the DPRA [legislature] notifying them that I cannot sign the draft. I asked DPRA members to discuss it again until both the legislative and executive branches agree on the draft. Only then I can sign it," the governor told reporters in Banda Aceh on Wednesday.

New DPRA members, who are mostly cadres of the Aceh Party, a local party set up by former commanders of secessionist group Free Aceh Movement, were installed on Wednesday.

On Sept. 14, the DPRA endorsed the draft of the Qanun Jinayat Code, a set of local bylaws that replaces elements of the Criminal Code with Shariah provisions for Muslims. The measures would impose a punishment of stoning to death for adulterers and 100 lashes for people caught engaging in premarital sexual intercourse.

The bylaws have drawn strong criticism from human rights activists, while the Ministry of Home Affairs, which legally has the authority to strike down any bylaw contravening national laws, has called on the people to file a judicial review with the Constitutional Court.

Under existing laws, drafts of bylaws or bills automatically become laws 30 days after the legislature approves it with or without the signature of the regent, governor or president.

According to Irwandi Yusuf, the proposed code could not automatically become a bylaw as it was endorsed without the consent of local government. A 2006 law on governance for Aceh states that drafts of Islamic laws must be endorsed by the executive and legislative branches.

Although the controversial code was endorsed in the presence of Aceh Deputy Governor Muhammad Nazar, the Aceh provincial government had long rejected the draft.

Irwandi, however, was unsure if new DPRA members would agree to discuss the measure again. "The new DPRA may have to discuss other drafts of Islamic laws which are more urgent and pressing than this one," he said.

The governor said local and international groups had criticized the draft, which could hamper investment in the province. "But their protests have no bearing on my decision not to sign the draft," he said.

The proposal also stipulates a maximum of 40 lashes or 40 months in jail for drinking alcoholic beverages and 60 lashes and a fine of 60 grams of pure gold or 60 months in jail for sexual harassment. Convicted child rapists could get as many as 400 lashes or 400 months in jail, while those found to have committed homosexual acts could get 100 lashes.