Sun, 26 Jun 2005

Sharia in Aceh seen as biased against ordinary people

Nani Afrida, The Jakarta Post, Bireun

Various elements of society in Nanggroe Aceh Darussalam view the implementation of Sharia in the province as discriminatory and as not touching on core issues.

"If the government is serious, it should implement local laws in regard to serious violations such as theft and corruption," said legal practitioner Rufriadi on Saturday.

The statement was issued following public canings that were carried out by the Sharia court on 27 petty gamblers after Friday prayers in Bireun.

All 27 of them were accused of placing Rp 1,000 (10 U.S. cents) bets in an illegal lottery.

Most of the by-laws ratified by the government involved minor offenses such as gambling, adultery and drinking liquor, and only ordinary people were liable to receive such punishments.

Whereas in fact the most pressing problem facing Aceh was corruption.

Rufriadi expressed concern about the implementation of Islamic law which he deemed as discriminatory and that could lead to new conflicts among the people of Aceh.

Apart from being discriminatory, he also questioned the overlapping of Sharia with Indonesia's common law.

"The Supreme Court should have issued a clear ruling on this matter. Which law is to be applied; the common law, or Islamic law?" he said.

He noted that the caned offenders had already been detained for 22 days and had not been given the chance to be represented by their lawyers.

"They faced dual punishments, based on the common law and Islamic law," said Rufriadi.

Meanwhile, people in Bireun have expressed their disappointment and have criticized the implementation of Islamic law as they consider it was solely aimed at the common people.

"We have received many protests and complaints from the public. They are doubtful about Islamic law," said the coordinator of the Aceh Students and Youth Forum in Bireun, Anwar Afandi.

According to Anwar, Islamic law seems to be enforced against ordinary people while transgressions committed by corrupt high- ranking government officials are overlooked.

He expects that if state officials were to violate the law, they should also receive judicial redress regardless of their backgrounds.

"Islamic law should not discriminate," he said.

His organization has doubts whether the Islamic Law Office has the courage to try state officials involved in corruption.

"If they dare take this step, then they should be commended," added Anwar.