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NGOs to file review of Aceh stoning bylaw
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Tapol
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Oct 19, 2009 08:01 PDT
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From Joyo
The Jakarta Post
Monday, October 19, 2009
NGOs to file review of Aceh stoning bylaw
The Jakarta Post , Jakarta
NGOs will request a judicial review of the newly endorsed bylaw
in Aceh that condemns adulterers to be stoned to death.
Norma Manalu, coordinator of the Women's and Children's Division
at the Aceh Coalition of NGOs for Human Rights, said Thursday
the coalition would file a judicial review request to the
Supreme Court next month if the newly appointed members of the
Aceh Legislative Council did not provide a resolution.
The coalition, which represents 15 NGOs in Aceh, expects the
newly installed council to review the new bylaw, which was
passed on Sept. 14.
Norma told The Jakarta Post that she had been approaching the
newly appointed council members and that many of them had
responded positively to her calls for the bylaw to be reviewed.
Although members of the Aceh Legislative Council passed the
bylaw, Deputy Governor Muhammad Nazar said the local
administration had objected to the final result and would not
implement the bylaw.
The recently installed council, which is dominated by supporters
of the current administration under Irwandy Yusuf and the Aceh
Party, mostly comprises of former members of the Free Aceh
Movement (GAM), whose leadership is known for not supporting
sharia law in Aceh.
Norma said the coalition would also talk to officials from the
State Ministry for Women's Empowerment to support the
possibility of reviewing the new bylaw.
Article 24 of the bylaw states that unmarried citizens that
commit adultery will be whipped 100 times, while married people
caught committing adultery will be stoned to death.
In addition to the controversial Article 24, Norma said,
paragraph 14 to paragraph 32 of Article 1 of the bylaw included
ambiguous statements about adultery and alcoholic drinks that
could interpreted in numerous ways by political parties, social
organizations and the Acehnese.
She said the bylaw was contrary to the 1999 Human Rights Law and
the 2002 Child Protection Law.
Nazar acknowledged the government could intervene if it believed
the bylaw contradicted national legislation.
"The provincial administration `prefers a more educational
penalty' for adulterers rather than stoning," Nazar said.
Norma said the bylaw did not clearly state the local
administration's role in resolving any problems arising from its
implementation.
She said that although the government had granted Aceh special
autonomous powers in 2001, allowing the province to implement
sharia law into its criminal code, the issuance of bylaws should
be in accordance with social conditions.
According to the coalition's survey, many Acehnese are ignorant
of the content of the bylaw, including Article 24.
"We have been raising people's awareness about this bylaw and
its impact if it is fully implemented," said Norma.
Nazar confirmed Norma's statement, saying the ordinance could be
revised, as it was impossible to apply at this time.
"Improvements and adjustments are needed before the bylaw is
fully implemented in Aceh," he said.
Legislator turned legal expert, Nursyahbani Katjasungkana,
criticized the local council's ignorance in addressing the
problem.
"They didn't even conduct a public assessment before the
endorsement of the bylaw," she said.
She said the local administration and council members had to
have the political will to address the problem.
Agung Pambudhi, executive director of the Regional Autonomy
Watch (KPPOD), told the Post earlier this month that the
government needed to set up a systematic institutionalized
monitoring system to control the implementation of bylaws. (nia)
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Terjemahan (atas jasa "Kataku"):
http://66.114.70.144/cgi-bin/terjem.rex?NGOs_to_file_review_of_Aceh_stoning_bylaw-91019001
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