Nurdin Hasan, Banda Aceh – The Aceh Legislative Council (DPRA) is mulling a Shariah bylaw that would mandate tougher sentences for convicted rapists than those doled out under the Indonesian Criminal Code.
Convicted rapists would be lashed up to 200 times with a rattan cane before facing up to 200 months in jail, according to a copy of Aceh's proposed "Qanun Jinayat" obtained by the Jakarta Globe. Under Indonesia's current Criminal Code, rapists face a maximum of 12 years – or 144 months – in prison.
The Qanun Jinayat also included stricter protections for children and victims of sexual harassment. Those found guilty of statutory rape face the same penalty as convicted rapists. The sentence is doubled – a maximum of 400 lashes and 400 months in prison – for those convicted of forcibly raping a child.
Sexual harassment would carry a maximum sentence of 60 lashes and either 600 grams of pure gold – the equivalent of $27,930 on today's market – or 60 months in prison. Penalties would be doubled if the victim is a child.
The Aceh chapter of Nahdlatul Ulama (NU) supported the draft bylaws, explaining that rapists deserved harsh sentences because of the seriousness of their crime.
"With heavy punishment in the Qanun Jinayat we hope there will be no more violations of Islamic Shariah in Aceh because people will think thoroughly if they want to commit something that is forbidden by the religion," NU Aceh chair Teungku Faisal Ali said.
The strictly conservative province adopted Shariah Law in 2001 as part of a special autonomy agreement with the central government. Aceh's Shariah Police currently enforce four Islamic bylaws, including laws barring close contact between unmarried couples, alcoholic beverages and gambling. Women are also required to wear a headscarf. The bylaws have also been used by Shariah Police to crack down on tight jeans and punks.
The legislative council is currently debating the issuance of additional bylaws, including one that criminalizes same-sex relationships. Under the proposed bylaw, same-sex couples would be publicly lashed 100 times. The regulation has gained traction among some of Aceh's political leaders, including Banda Aceh Deputy Mayor Illiza Sa'aduddin Djamal.
NU chair Teungku pushed for swift deliberation on the proposed bylaws, arguing that Aceh needed stricter Islamic regulations to curb "immorality."
"The violations toward Islamic Shariah and immorality have spread and are becoming worse in Aceh," Teungku said. "Therefore, the two qanuns are strongly needed... to save all the Aceh people."
Legislative council head Abdullah Saleh said the DPRA was currently in discussions with local ulemas and other people of note.
"The discussion will... involve related stakeholders, like ulemas and prominent figures in society, so that the two qanuns [bylaws]... could be accepted by all Aceh people,"Abdullah said. "The more people involved in the discussion, the better."