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Aceh Legislative Council to Implement Stoning Bylaw
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Tapol
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Sep 28, 2009 01:14 PDT
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From Joyo
The Jakarta Globe
September 28, 2009
Aceh Legislative Council to Implement Stoning Bylaw
by Camelia Pasandaran
photo: A man is publicly caned in Jantho, Aceh, in January. The
new bylaw would make stoning a legal form of punishment in the
semi-autonomous province. Jufriadi, EPA
Despite widespread condemnation, the Aceh Legislative Council
said on Sunday that it would implement a bylaw that allows the
stoning of adulterers and the lashing of persons caught having
sex out of wedlock.
Raihan Iskandar, deputy head of the council, also known as the
DPRA, said the bylaw had been approved by the local government
headed by Aceh Governor Irwandi Yusuf. The law, which critics
say is contrary to the wishes of the Acehnese, covers adultery,
premarital sex, consumption of alcohol, rape, sexual harassment,
homosexuality and gambling.
The new bylaw mandates that residents of Aceh can receive up to
400 lashes for child rape, 100 lashes for homosexual acts and 60
lashes for gambling.
It is expected to come into effect on Oct. 14, a month after it
was enacted by the DPRA.
Raihan, a member of the Prosperous Justice Party (PKS), said he
was unconcerned by suggestions the central government would
strike out the law.
“It is fine,” he said. “What’s most important is that we have
passed the law and if they do file a judicial review, it will
need some time to do it. Meanwhile, the law can be implemented.”
Home Affairs Minister Mardiyanto, speaking on Friday before the
local government ratified the bylaw, said the ministry would
seek a judicial review before the Supreme Court as soon as the
local government approved the passage of the bylaw.
“They cannot implement it as long as the local government has
not approved it,” Mardiyanto said.
He said that once the DPRA received approval from the local
government, “we will file a judicial review with the Supreme
Court.”
“They could not implement a bylaw that’s against the national
law,” he said.
Saut Situmorang, spokesman of the Home Affairs Ministry, said
the legal mechanism did not allow full authority for the
national government to repeal a law.
“We may repeal bylaws that run against public interest or
contradict bylaws, but with some exceptions,” he said. “The
exception includes Shariah bylaws. In this case, it may only be
repealed with judicial review by the government or related
parties.”
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