The recent events that have occurred in Indonesian can help be able to dispel any doubts. Regarding the growing influence that conservative Sunni Islamists has on Indonesia’s laws.
Three weeks ago, Jakarta Governor Basuki Tjahaja Purnama, a popularly referred. To as Ahok was accused of insulting the Qur’an which led to two years of prison. Ahok has decided to not contest the verdict for the good of the country in the fear. The possibility that an attempt to reverse the verdict could divide the capital city of Indonesia even more.
Between April 30 and May 21st, police resisted gay sex clubs in Surabaya. The second largest city in Indonesia as well as Jakarta. In both cases due to alleged infractions of Indonesia’s anti-pornography law. The practice of homosexuality isn’t illegal in Indonesia however it’s in the province of Aceh. Police have stated that a number of the suspects are likely to be prosecuted under the anti-pornography laws.
On the 13th of May, the capital of Aceh, Banda Aceh. Two young gay men were beaten for 83 times in front of more than 1,000 spectators. They were convicted of sodomy.
In contrast to Indonesia’s criminal code national, the criminal code of Aceh. Called locally the Qanun Jinayat is a prohibition on sodomy. Vigilantism also forbidden and has been criticize by high-ranking officials. Yet, the behavior of the vigilante group who took two young men into custody. After getting into their rental room and assaulting both is not being scrutinize.
Indonesian Moral Crimes
The caning temporarily changed the global attention away from Ahok’s controversial sentence of blasphemy. To concerns of corporal punishment, as well as police enforcement of moral crimes in Indonesia’s sole autonomous province.
While some may take comfort by the reality that the criminal code isn’t as strict. And intrusive like Aceh’s, but the issue of ideology is the same across the country that is. The current Indonesia is on the route of Sunni conservative Islamism.
The Indonesian Constitutional Court (Mahkamah Konstitusi) has declared that Islamic law is just one of the sources of law in Indonesia along with the common law (adat) as well as Western law, to mention some. For a majority of the country’s Muslims-majority people and the judiciary, conservative Sunni Islamic rules are now the primary basis for legal and law and jurisprudence.
As with Indonesia’s laws on blasphemy like Indonesia’s blasphemy laws, as well, the Acehnese penal code been met with severe critique from rights organisations. The most prominent of moral offences prohibited under the law are adultery (zina) and being within close proximity of an individual of the opposite gender out from wedlock (khalwat) as well as lesbian relations (musahaqah) as well as sodomy (liwath).
Indonesian Maximum Punishment
The code stipulates the maximum punishment for sodomy of 100 strikes with the cane. Human rights groups have condemned the lawful practice of punishing people with canes within Aceh in Aceh as medieval torture.
The practice of caning may, in fact it is a violation of several international human rights agreements. The most notable of these is the Convention Against Torture and Other Cruel, Inhuman or degrading Treatment or Punishment as well as the International Covenant on Civil and Political Rights. This also violates the rights of human beings stipulate in Indonesia’s constitution including the right to not be subject to torture or humiliating treatment.
Amnesty International, UN Human Rights Asia and the UN Human Rights Asia and a myriad of local civil society organizations that support diversity protested against the decision to cane two men aged 20, and 23. They also urged Indonesia’s Indonesian government to stand by its commitment to the universal human rights standards.
But the calls are likely to be ignore since in a legal sense the Aceh criminal code is not necessarily illegal. Furthermore the international human rights standards could, theoretically be legally valid, however they have no legal force in Indonesia.
The Constitutionality Of Aceh’s Criminal Code
The basis for the assertion that Aceh’s criminal code isn’t necessarily unconstitutional is an Indonesian ruling in 2010 by the Constitutional Court. The court ruled that the law against blasphemy in Indonesia, the same law in which Ahok received a sentence of two years’ jail and was legally legal.
While the ruling was met with widespread criticism from human rights organizations but it still the most authoritative and current authority regarding the status of human rights for individuals in Indonesia.
The court made a number of important arguments, which helped explain the use for corporal punishments in Aceh as well as the discrimination against homosexuals. They were influence by the notion of religious belief and their high position in Indonesian society.
The court first declared that Indonesia is not an Islamic or secular state. It is instead a state of religion (negara beragama). That is based on the doctrine of the One God (Ketuhanan Yang Maha Esa).
The top priority given to One All-Powerful God was the result of a constitutional agreement between the authors of 1945’s. Constitution many of whom desired the establishment of a secular Indonesian state while others believed in the possibility of an Islamic state.
Since Indonesia is a country of religion The court conclude the religious values inform. What constitutes a good law or bad. They also provide a valid justification, according to the court. That they are not a reason to limit the rights of individuals.
The interpretation given by the court on these principles. Which are guarantee by the 1945 constitution might be controversial to certain. Instead of interpreting religious values as universal values of brotherhood and humanity For instance. It took the word to refer to the core tenets that define the state-recognized. Religion according to the Indonesian Ministry of Religion.