The law of peat in aceh vs. human rights

bangmuf (41)in #aceh • 7 years ago

Aceh is the only province of Indonesia that has full authority to enforce Islamic law. Natangsa Surbakti in the article "Pupana Whipping in the Perspective of Justice Law and Human Rights in Nanggroe Aceh Darussalam Province" published in the Journal of Law (July 17, 2010) writes that the central government has granted that authority through Law no.18 of 2001 on Special Autonomy for the Province of Nanggroe Aceh Darussalam.

In addition to providing the authority to enforce Islamic law, the law also provides a legal basis for sharia judiciary in Aceh.This regulation also contains the affirmation that the authority to enforce Islamic Sharia is an integral part of Aceh's special autonomy.

So, it is not surprising that the authority is followed up with the establishment of a number of local regulations known as "qanun." Especially for the interest of Islamic criminal law enforcement for example, there are a number of qanun that have been ratified as a source of material law.

However, until now there is still controversy regarding the enforcement of Islamic law in the Veranda of Mecca.This controversy relates to the formalization of the enforcement of Islamic Shariah by making the caning punishment as the principal penalty.Some see the application of this caning as a form of cruelty, torture, and contrary to the sense of legal justice, as well as human rights violations.

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Voices That Oppose the Law of Whip

Reporter: Abdul Aziz

03 February 2017created normal 3 minutes

Terpidana offenders qanun (local regulations) on Islamic law raise a hand while serving a whip in the courtyard of Al Muchsinin mosque, Kampong Jawa village, Banda Aceh, Aceh, Thursday (2/2).ANTARA PHOTO / Irwansyah Putra.Tata of caning punishment regulated in Qanun JinayahThe removal of caning punishment continues to rise, both from international and national institutions

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The application of criminal whips is often considered as a form of cruelty, torture, and contrary to the sense of legal justice, and is categorized as a violation of human rights.

Tirto.id - Three Acehnese are serving public canings for allegedly violating the prevailing Islamic law in the area.They are serving a whip in the courtyard of Al Muchsinin Mosque, Kampong Jawa Village, Banda Aceh, Aceh, Thursday (2/2/2017).

The Syar'iah City Court of Banda Aceh sentenced 26 to 27 lashes to three convicted Qanun Jinayat offender Number 6 of 2014. They were deemed to be in violation of Article 25 paragraph 1 regarding ikhtilat or married with no marriage bond.Meanwhile, one convict was sentenced to 18 months in prison because of the condition of pregnant.

The three residents were serving public canings for allegedly violating the Islamic law imposed in the western province of Indonesia.In a photo published Between, a woman in all white clothing sat and waved as she served a whip in the courtyard of Al Muchsinin Mosque, Kampong Jawa Village, Banda Aceh, Aceh, Thursday (2/2/2017).

Such a scene is not the first case.On August 5, 2016 for example, the executor was forced to stop the caning before the punishment is complete against Dedi Firmansyah and Ali Imran because the two convicts were seriously injured.

Termination of the execution is based on the recommendation of the team of doctors after checking the health of the convicted person after being flogged by the executioner from the police of Wilayatul Hisbah South Aceh.However, the termination did not mean the two inmates were free.

Head of South Sulawesi Public Prosecutor Case, Zainul Arifin said the legal status of the two convicts has not been completed yet.Both of them re-thrown into custody while awaiting digelarnya execution of aftershocks.

"In accordance with the procedure of punishment of caning arranged in Qanun Jinayat, the process of caning execution of the two convicts can only be resumed if it has received a recommendation from the team of doctors who explained that they really are healthy," he said as quoted by Antara.

Currently, Aceh is the only province of Indonesia that has full authority to enforce Islamic law.Natangsa Surbakti in the article "Criminal Crime in Perspective of Justice Law and Human Rights in Nanggroe Aceh Darussalam Province" published in the Journal of Law (17 July 2010) writes that the central government has granted that authority through Law no.18 of 2001 on Special Autonomy for the Province of Nanggroe Aceh Darussalam.

boldControversy of Physical Punishment

Adi Hermansyah in his thesis, the Corporal Punishment Policy in Indonesia with special study in Aceh (2008) writes several other terms of corporal punishment or criminal body.

According to him, there are several terms used to refer to the criminal body, among others: beating (beating), blinding (pembalur); Branding (stamp); Caning (beating with rod / stick); Flogging (whipping / whack); Mutilation; Paddling (beatings / with whips); Pillory (public punishment / pole).

In Islamic law, the criminal of this body is one of the punishments given hudud (provisions set by God in the Qur'an) or which is given ta'zir (criminal punishment provided by judges with all considerations).

Physical punishment (corporal punishment) is one type of criminal that is still used in many countries.Based on data reported by Harm Reduction International in 2011, there are about 40 countries that still apply the type of physical crime for those who violate drugs and alcohol.

Countries such as Singapore, Malaysia, Iran, Yemen, Saudi Arabia, Qatar, United Arab Emirates, Libya, Brunei, Darussalam, Maldives, Indonesia (Aceh), and Nigeria (northern states), and some other countries still use The.Whereas, according to Harm Reduction International, a criminal such as caning is a direct violation of international law prohibiting the use of corporal punishment.

Pushes for Punishment

Therefore, insistence on the abolition of caning continues to emerge, both from international and national institutions, such as the Criminal Justice Reform Institute (ICJR).ICJR asks the government to end the caning of Qanun Jinayah or Islamic criminal law in Aceh.Besides creating a dualism of law enforcement in Aceh, Qanun Jinayah is also judged to be incompatible with international law and national criminal law.

ICJR Executive Director Supriyadi Widodo Eddyono said that the qanun equivalent to this regional regulation actually duplicates the criminal arrangements in the Criminal Code and other laws in Indonesia. "This raises the dualism of criminal law enforcement in NAD, especially for the moral articles that have been regulated in the Criminal Code," said Supriyadi.

According to Supriyadi, Qanun Jinayah also legitimizes the use of corporal or body punishment in Indonesia, namely whip.Whereas the penal system in Indonesia expressly prohibits the use of caning.The use of caning is also included in the category of torture, inhuman cruel punishment, and degrading.

In 2013, the UN Human Rights Committee, which monitors state compliance with their obligations under the ICCPR, calls on Indonesia to revoke provisions that authorize the use of harsh punishment in local legal products in Aceh.

The application of criminal whips is often considered as a form of cruelty, torture, and contrary to the sense of legal justice, and is categorized as a violation of human rights.

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