INDONESIA: Postpone ratification of Qonun Jinayah and Law procedure of Qonun Jinayah for law certainty in Aceh
Implementing Islamic Law (Syariat Islam) is not a new thing for the Aceh people. A long time ago before Aceh was given the privilege to implement the law of Islam, the people in Aceh adopted Islamic values in their daily lives. Therefore, when the government of Aceh made a positive law based on law of Islam (such as law of Qonun Jinayah and law procedure of Jinayah), the active involvement of all components of the Acehiness people was a prerequisite. As a province that had become a model implementing the law of Islam in Indonesia, the Aceh Government was also obligated to produce legislation (law) that built the image of Islam as a religion that promoted rahmatan lilalamin, loving, peace and justice.
Since the draft of Qanun Jinayah formulated by the Executive, was submitted and discussions were continued by the Legislature civil society groups took note that some people might be marginalized. This lead to the creation of a situation which is not conducive for the people to participate, especially when the draft of qonun discussed at the legislature, will have an impact on the qonun draft which will add more emphasis on punishment, compared with the building aspects of education and justice.
With the current formulation, the draft of Qanun Jinayah is not necessary for the people in Aceh and has the potential to create conflicts among communities that could disrupt the ongoing peace process. Some fundamental issues contained in the draft of Qonun Jinayah, such as the multiple interpretations raise legal uncertainties and the risk of criminalization of innocent people, especially women.
Furthermore, the spirit of the legislation contained in the draft of Qonun Jinayah is contrary to the enforcement and fulfilment of human right for all citizens, as emphasize in the Indonesian Constitution (UUD 1945) and Law on Aceh Government. Some articles in the Qonun Jinayah are also in opposition to human rights. For example the Law on the Elimination of All Forms of Discrimination against Women, the Law on Ratification of the Covenant against Torture, the Law on Child protection, Law on the Elimination of Domestic Violence, Law on Criminal Proceedings, Compilation of Islamic Law and the Protection of Children Qanun. This condition needs to be taken seriously by government authorities in Aceh, although it has been given special authority in the fields of religion, including making laws and regulations necessary for it, this does not mean the Regional Government of Aceh can make laws to the contrary (not harmonic) with laws and other regulations in Indonesia, because Aceh is still part of the Republic of Indonesia.
The civil society networks are concerned that Islamic Law and the ratification of the draft of Qonun Jinayah will challenge the credibility of justice, substance of democracy and nation stability. The law that arises from the acceptance of this draft will lead to uncertainties and will make it complicated for law enforcement officials to carry out their duty and has the potential to create conflicts within the community. Laws that have multiple interpretations will leave space for fundamentalist groups to act unilaterally on behalf of the Qanun, and would make the state apparatus vulnerable to unconstitutional action.
Based on that perspective, the civil society network that is concerned with the issue is against the ratification of Qanun Jinayah and Law procedure of Qonun Jinayah as currently formulated. In particular they support the statement of the governor of Aceh who refused to accept any law that allows the penalty of stoning to death (Death by Lapidation). They are therefore demanding to local government in Aceh to:
1. Postpone draft ratification of Qonun Jinayah and draft of procedure of Qonun Jinayah
2. To formulate Qonun Jinayah synergy to the universal values of Islam and Human Rights and ensure harmonization with the various laws and other regulations
3. Creating a conducive situation to involvement the Ulama consultative assembly (MPU), intellectuals from university (IAIN Ar Ranirry and Unsyiah), official of Law Enforcement and Legal Practitioners (Advokad / Lawyer), as well as civil society including women's groups;
Banda Aceh, September 14, 2009
The networking of civil society who are care to Islamic Law
Koalisi NGO HAM, KONTRAS Aceh, RPuK, LBH Aceh, LBH APIK Aceh, KPI, Flower Aceh, Tikar Pandan, ACSTF, AJMI, KKP, SeIA, GWG, SP Aceh, Radio Suara Perempuan, Violet Grey, Sikma, Pusham Unsyiah, Yayasan Sri Ratu Safiatuddin