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Repeal the Aceh Stoning Bylaw Immediately

Implementing Islamic law, or Shariah, is nothing new for the people of Aceh. A long time before Aceh was given the special right to impose Islamic law, the Acehnese people adopted Islamic values in their daily lives. Therefore, before the government of Aceh passed a bylaw, or q a n u n j i naya t (law on crimes) based on Islamic law on Monday, the active involvement of all components of the people should have been a prerequisite.

As a province that has become a model for the implementation of the law of Islam in Indonesia, the Aceh provincial government was also obligated to produce legislation that added to Islam’s image as a religion that promoted “ rahmatan lilalamin ” — loving, peace and justice.

Since the draft of the bylaw was first submitted and debated in the legislature, civil society groups noted that it might marginalize some people. A situation was created that was not conducive to the people’s participation

In its current form, the bylaw, which decrees death by stoning for adulterers among its stipulations, is not appropriate for the people of Aceh and has the potential to create conflict between communities that could disrupt the ongoing peace process. Some fundamental problems seen in the bylaw, such as multiple interpretations, raise legal uncertainties and risk criminalizing innocent people, especially women.

Furthermore, the spirit of the legislation contained in the bylaw is contrary to the enforcement and fulfilment of human rights for all citizens as laid down in the 1945 Constitution and the law on governance in Aceh. Some articles in the bylaw also appear to be contrary to human rights legislation, coming into direct conflict with the law on the elimination of discrimination against women, the law on the ratification of the covenant against torture, the child protection law, the law on the elimination of domestic violence, the law on criminal proceedings, the compilation of Islamic law and the child protection law. This needs to be taken seriously by the Aceh government.

While they have been given special authority in the field of religion, including the right to make laws and regulations in the name of religion, this does not mean that the regional government of Aceh can create laws that are out of harmony with other laws and regulations of Indonesia. Aceh is still a part of the Republic of Indonesia.

Civil society networks are concerned that Islamic law and the ratification of the bylaw will challenge the credibility of justice, the substance of democracy and national stability.

This bylaw will lead to uncertainty and make it complicated for law enforcement officials to carry out their duty. It has the potential to create conflict within the community. Laws that have multiple interpretations will leave space for fundamentalist groups to act in the name of the bylaw, and would make the state apparatus vulnerable to unconstitutional action.

Based on this perspective, the civil society network is opposed to the ratification of this qanun jinayat as currently formulated. In particular, we support the statement of the governor of Aceh, who refuses to accept any law that allows the penalty of death by stoning. We are therefore demanding that the local government in Aceh do the following:

Cancel ratification of the bylaw

Formulate bylaws according to the universal values of Islam and human rights and ensure harmonization with other laws and regulations

Create a conducive situation for the involvement of the Ulema Consultative Assembly (MPU), university intellectuals, law enforcement officials and legal practitioners, as well as civil society including women’s groups.

The civil society network of those who care about Islamic law: NGO Coalition HAM, Kontras Aceh, RPUK, LBH Aceh, LBH APIK Aceh, KPI, Flower Aceh, Tikar Pandan, ACSTF, AJMI, KKP, SeIA, GWG, SP Aceh, Radio Suara Perempuan, Violet Grey, Sikma, Pusham Unsyiah, Sri Ratu Safiatuddin Foundation, Banda Aceh


Malaysia Is Not the Way It’s Painted

As a long-term resident in Malaysia with Indonesian connections, allow me to comment on the article, “Until We Address Them, Indonesia’s Problems With Malaysia Aren’t Going Anywhere” (Sept. 17).

The author writes that “it is reported that many Malaysians are so fond of Indonesian popular songs that the government has imposed restrictions on radio stations there.”

Not true; Indonesian songs are played on all the stations, and Indonesian artists arrive here every other day. Indonesian sinetron (soap operas) are shown daily on almost all TV channels.

The author also writes that “Malaysian media are not always kind to Indonesia in their reports about the people and many sociopolitical issues here, sometimes even using words or expressions that come off as insults to Indonesian ears.”

The most controversial is the term “Indon” for Indonesians, particularly migrant workers. This has a scholarly history and reason, though not all Malaysians are aware of it.

The term we feel more comfortable with, “Indo,” unfortunately in scholarly terms suggests “related to India or of Indian origin,” rather than of things Indonesian. For example, “Indo-European languages” refers to the languages of Indian/Central Asian-European ancestry, not Indonesian-European languages.

Anon