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Aceh Lawmaker: Activists shouldn't make fuss about shariah for non-Muslims
Jakarta Globe - September 24, 2014
"They have to understand that compared with God's laws, it's very light. When drafting the Qanun [Qanun Jinayat, the local criminal code], we took human rights into consideration. With their criticism they're just dramatizing things," Ramli Sulaiman, head of Commission G of the Aceh Legislative Council (DPRA), which drafted the new code, said on Wednesday.
The DPRA plans to pass the Qanun Jinayat on Friday. "If we let the violations [of Shariah] happen, it's not good for Aceh," Ramli said. "Therefore it's better for us to put some of God's laws [into the criminal code], and this has really been something the Acehnese have looked forward to."
Ramli added that human rights activists should not make a fuss, as he claimed that Aceh had every right to implement a more comprehensive version of Shariah law. "I'm sure that if true Islam is fully implemented, the world will be safe because God created the law before creating humans," Ramli said.
The lawmaker also said that non-Muslims and tourists should not hesitate to visit Aceh, as along as they abide by the new criminal code, which would go into effect a year after passage by the DPRA.
"This is actually meant to treat the Acehnese fairly," he said. "The main point is they [violators] should not be allowed to go unpunished. This is in line with the Aceh Government Law." He was referring to the 2006 Aceh Government Law, which stipulates that non-Muslims can be charged for violating Shariah laws.
A draft of the Qanun Jinayat obtained by the Jakarta Globe includes a clause that stipulates that a non-Muslim caught violating Shariah would be given the option of being tried at a Shariah court or at a regular court, based on the 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 punishment under the Shariah-based code is 200 strokes of the cane, a fine worth the price of 2 kilograms of gold or 200 months in jail. Convicted child rapists, for instance, would face punishment of 150-200 strokes of the cane or a fine of between 1.5kg and 2kg of gold or a prison sentence of 150 to 200 months. Engaging in homosexual acts – which is not a crime under the national criminal code – would fall under the category of unlawful sexual intercourse, or zina, which is punishable by a maximum of 100 lashes, a kilogram of gold or 100 months in jail.
"Everyone should respect Aceh's laws," Ramli said. "We should not receive guests who abide by their own law. If we go to Europe, we are also subject to the laws of Europe."
Activists have been complaining about the bylaw, which they say could violate human rights. Domidoyo Ratupenu, a priest and Aceh-based interfaith activist, for instance, said the bylaw does not take into account Indonesia's pluralistic character.
He said that in his capacity as an interfaith activist, he was once invited by the DPRA to present his views on the bylaw. "But it was only a formality, they did not really listen," he said.
But Ramli denied that. He said that as far as he knew, no representatives of Aceh's 90,000-strong community of non-Muslims had been heard during the two years it took the DPRA to draft the bylaw.
"According to the regulations, there's no obligation for us to invite non-Muslims to a public hearing. But we have informed people through mass media that this Qanun will be imposed on them," Ramli said. "But it is clear that we can't force them to practice Islam, as there is a saying in Islam: 'Unto you your religion, and unto me my religion.' "
Ramli said he was sure that all factions in the DPRA would agree to pass the bylaw this week, and he also claimed that the council had discussed its plans with the Justice and Human Rights Ministry, the Home Affairs Ministry, the Religious Affairs Ministry and the Supreme Court. "I don't think there's any other problem," he said.
Source: http://www.thejakartaglobe.com/news/aceh-lawmaker-activists-shouldnt-make-fuss-shariah-non-muslims/.
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