Nurdin Hasan, Banda Aceh – Citing the need to end discrimination, Aceh lawmakers plan to pass a bylaw this week that would impose a Shariah-based criminal code on Muslims and non-Muslims alike, with offenders facing lengthy caning sessions or jail terms for acts that are perfectly legal elsewhere in Indonesia.
Moharriadi Syafari, the secretary of Commission G of the Aceh Legislative Council (DPRA), which oversees the religious affairs, culture and tourism, said the council planned to pass the bylaw during its plenary meeting this week.
A draft of the local criminal code known as Qanun Jinayat obtained by the Jakarta Globe includes a clause that stipulates that a non-Muslim caught violating Shariah law would be given the option of being tried at the Shariah court or at a regular court, based on the national criminal code (KUHP).
However, if the act is considered a crime under Shariah but not under the KUHP, even non-Muslim violators would be tried based on the regulations stipulated in the Qanun Jinayat.
The maximum punishments under the Shariah-based code are 200 strokes of the cane, a fine worth the price of two kilograms of gold or 200 months in jail.
Convicted child rapists, for instance, would face a punishment of 150-200 strokes of the cane or a fine of 1.5 kilograms to two kilograms of gold or 150-200 months in prison.
Engaging in homosexual acts – which is not a crime under the KUHP – would fall in the category of unlawful sexual intercourse (zina), punishable by a maximum of 100 lashes, one kilogram of gold or 100 months in jail.
Buying or carrying an alcoholic beverage – also allowed elsewhere in the country – would result in at least 10 strokes of the cane or 10 months in prison, with a maximum fine worth 100 grams of gold.
The new Qanun Jinayat could affect at least 90,000 non-Muslims currently living in the province. The bylaw would go into effect one year after it is passed.
Moharriadi argued that the new bylaw was based on the Aceh special autonomy law of 2006. "The clause in question in the Qanun Jinayat was taken in whole from Article 11 of the Law on Governing Aceh, so the article wasn't made made in Aceh, it was made by the House of Representatives [in Jakarta]," he said.
The Prosperous Justice Party (PKS) politician explained that the bylaw had been discussed with all stakeholders, including the Home Ministry, Religious Affairs Ministry, Justice and Human Rights Ministry and the Supreme Court.
"Every time we deliberated the bylaw in Jakarta nobody was making a fuss about the clause because it has been clearly mentioned in the Law on Governing Aceh," he said. "If we didn't include the clause we would have broken the law."
Moharriadi said the clause was meant to provide a sense of justice by treating all lawbreakers equally, regardless of their religion.
The head of the Aceh branch of Nahdlatul Ulama, Teungku Faisal Ali, also said the bylaw would not discriminate against non-Muslims because they would still be able to worship and conduct their religious activities as they wish.
"Please don't portray this bylaw as if it mistreats non-Muslims, because the clause does not force Islamic Shariah on non-Muslims – they still can pray according to their religion," Teungku said.
Right activists have expressed serious concerns about the proposed bylaw, saying it would lead to violations of civil rights. Domidoyo Ratupenu, a priest and Aceh-based interfaith activist, said he had raised the issue with the DPRA, but that he felt ignored.
"Personally I reject all discriminative laws and bylaws that are based on primordialist beliefs and that fail to consider the nation's sociopolitical reality," Domidoyo said. "Indonesia is a pluralistic nation that has Pancasila as its ideology and appreciates diversity."
Source: http://www.thejakartaglobe.com/news/coming-soon-aceh-shariah-law-non-muslims/