Camelia Pasandaran

Aceh Governor Irwandi Yusuf (left) says he will not sign the stoning legislation. (Photo: Hotli Simanjuntak, EPA)

Standoff Over Aceh Stoning Legislation

Debate continues over whether Aceh’s controversial and draconian stoning law is now in force, with opponents, including Aceh Governor Irwandi Yusuf, saying it will never be implemented.

Speaking to the Jakarta Globe, Irwandi said the law, enacted by the former Aceh Legislative Council (DPRA), was being reviewed by the newly elected council.

“We will wait for the revision of the law from the legislative council,” Irwandi said.

The former council was widely condemned for enacting the bylaw, locally called Qanun Jinayat, which calls for the stoning of adulterers to death and 100 lashes for premarital sex.

The bylaw also mandates corporal punishment for rapists, molesters, those who drink alcohol and gamblers, as well as those caught alone with members of the opposite sex who are not their immediate family.

Irwandi said the government had objected to the stoning provision during the deliberation of the law.

“Since the process began we have strongly objected to the law, especially the rajam sanction,” he said.

Previously, former DPRA deputy speaker Raihan Iskandar said the law would only become effective if it was approved by the governor.

However, on Oct. 15 councillor Moharriadi Syafari said the bill would automatically become law 30 days after being passed by the council, despite the governor’s refusal to endorse it.

Since the bill was passed by the council on Sept. 14, he said, it is now officially a law.

He added that people should not view Qanun Jinayat from a “narrow-minded” perspective. He said it was intended to “save” people.

“Just because the Qanun Jinayat has been passed, it doesn’t mean we will start stoning people in Aceh,” Syafari said. “It’s very difficult to prove adultery. Even if a person admits to adultery, they will not automatically be stoned.”

However, Irwandi maintained that the bill would never become a law until he approved it.

“It is still a draft, not a law,” he said.

Mardiyanto, the former minister of home affairs, agreed. He said the legislation would remain a bill until the Aceh government approved it.

“It can’t be implemented as long as the government has not approved it,” Mardiyanto said. “If it ever officially becomes a law, we will file for a judicial review with the court. A bylaw that goes against national law cannot be implemented.”

Irwandi said that Aceh government was now waiting for the revision of the bill.

“We will keep discussing the draft until we reach an agreement,” he said.

“If the DPRA keeps refusing to an agreed revision, we will keep rejecting it. It depends on them.”

He also said that there was no timeline on when the government should sign it.

“There’s no deadline,” he said. “It depends solely on when an agreement is reached.”

Irwandi’s continued demands for a revision appear to have worked. Last Tuesday, Hasbi Abdullah, the acting council chairman, and the Aceh Legislative Council members agreed to review the bill.

“Qanun Jinayat is still controversial and the Acehnese people are not ready for it. They need a better understanding of their religion,” he said.

Abdullah, an Aceh Party lawmaker tipped to lead the provincial legislature for the next five years, said current councilors were generally against the bylaw and eager to revise it.

The Aceh Party, which was set up by former leaders of the now defunct Free Aceh Movement (GAM), controls the local legislature.

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