By Cindy Trinh
Impunity Watch Reporter, Oceania

JAKARTA, Indonesia – Last week, Indonesia endorsed a new bylaw which authorizes stoning and caning as punishment for adultery and homosexuality, as well as, several other acts mentioned in the Islamic Criminal Code.

The bylaw, which is being described as “cruel” and “harsh,” is under heavy criticism. The Indonesian central government has even admitted that the law poses a violation to the country’s constitution.

The Islamic Criminal Code forbids a number of acts, including alcohol consumption, gambling, adultery between unmarried and married couples, and homosexuality. The bylaw was passed September 15th in Indonesia’s devoutly Muslim Aceh province, by the Aceh Provincial House of Representatives. The law, which further extends the Sharia code already in force, was passed by the regional parliament in aims to discipline behavior that is considered morally unacceptable.

The law specifically authorizes punishment for adultery and homosexuality. Under the new law, those who are unmarried and commit adultery will be punished with 100 cane lashes, and those who are married and commit adultery will be stoned to death. Those who perform homosexual or lesbian acts will be punished with 100 cane lashes and a fine of 1,000 grams of gold or imprisonment of up to 100 months. Also, those who commit rape or consume alcohol will be punished with up to 200 cane lashes performed in public.

Amnesty International has demanded that the Indonesian government repeal the bylaw.

Sam Zarifi, from Amnesty International, said, “[s]toning to death is particularly cruel and constitutes torture, which is absolutely forbidden under all circumstances in international law.”

The Indonesian central government has also admitted that the law poses a violation to the country’s constitution.

It is well known that Aceh has endorsed strict punishment in the past. However, legalizing the stoning to death of married persons who commit adultery has posed more serious matters of international human rights, and Amnesty International contends that the bylaw has gone beyond the threshold of acceptability.

Amnesty International urged Aceh’s legislature to repeal the law, to conform with international human rights law and standards, and also to conform with the provisions of the Indonesian Constitution. However, Bustanul Arifin, secretary of Aceh parliament’s special committee for drafting the law, defended the endorsement of the law, stating that “it is time now for people to understand the real meaning of Sharia.”

For more information, please see:
Foreign Policy – Indonesia’s harsh new laws – 18 September 2009

Amnesty International – Indonesia Must Repeal “Cruel” New Stoning and Caning Law – 17 September 2009

Telegraph News – MPs pass law to stone to death adulterers in Indonesian province – 15 September 2009