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Sharia offenders to be counseled, detained
Jakarta Post - April 16, 2014
"This is in accordance with the bylaw, which stipulates that we have the authority to detain sharia offenders," Aceh Public Order Agency (Satpol PP) and Wilayatul Hisbah (WH) sharia police law enforcement unit chief Samsuddin said on Tuesday.
Samsuddin said detention would be aimed at enabling the sharia police to conduct investigations into alleged offenses.
In preparation for the enforcement of the Jinayat procedural law, the sharia police have set up a special detention house at their headquarters.
Citizens suspected of breaking sharia will be held temporarily at the detention center while the investigation process is carried out and dossiers are submitted to the prosecutor's office and later to the Sharia Court.
Aside from detaining suspects, the sharia police are also authorized to seize evidence and arrest suspects involved in alleged sharia violations, in line with existing laws.
However, Samsuddin said the power to detain suspects would only be applied if the offender could not be counseled or advised, in which case the sharia police would hold the suspect while they waited to bring the case to the prosecutor's office and the Sharia Court for trial.
"We have never detained a person for violating sharia. The majority of sharia violations can be resolved at the counseling level," said Samsuddin. "At the moment, we have submitted three cases of sharia violations to the prosecutor's office, which will then be submitted to the Sharia Court," he added.
Edict No. 7/2013 of the Jinayat procedural law stipulates that an offender who has been named a suspect can be arrested and detained by the sharia police for 20 days at most. However, the period of detention can be extended by the Sharia Court, which can issue detention extension orders to prevent suspects escaping from the legal process at the Sharia Court.
To uphold the enforcement of sharia, especially the Jinayat procedural law edict, the sharia police have intensified raids on public areas. They target public transportation users who are caught not wearing jilbab (Islamic headscarves). The sharia police also typically target women wearing tight clothing, including tight jeans.
A visitor from Medan, North Sumatra, who wished to be known only by her first name of Dewi, protested against sharia police officers who arrested her in Banda Aceh on Tuesday. When arrested, Dewi was not wearing a jilbab, as required by sharia. She was brought in to the WH office by force for further questioning.
"I was just in Aceh for three days. I did not realize I would be arrested by the sharia police for not wearing a jilbab, as in fact I am not too familiar with the regulations," said Dewi.
In response to the protest, Samsuddin said that sharia was applicable to everyone in Aceh, including tourists visiting the province, especially Muslims.
"We have put up signs at the border between Aceh and North Sumatra requiring everyone entering Aceh to abide by sharia. So, there is no excuse for any visitors not to comply with the local regulations in Aceh," said Samsuddin.
On Dec. 13, 2013, the Aceh provincial administration officially implemented the Acara Jinayat procedural bylaw, which requires everyone in Aceh to abide by sharia. The edict also applies to non-Muslims, whether they reside in Aceh or are visiting the province.
However, Aceh Governor Zaini Abdullah said the implementation of sharia, as stipulated by bylaw No. 11/2002, was only for Muslims, as reported by tribunnews.com in February.
The Aceh administration has also submitted the Qanun Hukum Acara Jinayat to the Home Ministry for verification. According to draft bylaw guidelines, the Home Ministry has the right to verify a bylaw or edict for 60 days after it is approved by a province, including Aceh.
If the central government fails to give any clarification within 60 days, the bylaw will automatically be enforced.
Source: http://www.thejakartapost.com/news/2014/04/16/sharia-offenders-be-counseled-detained.html.
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