Aceh’s Sharia Police Get Extended Powers
--Detention centers are being prepared to process those who
fall foul of religious codes.
By Rob
Yates
April
18, 2014
In line with laws passed in December that extended the Aceh
Sharia Police’s power to detain suspects, local authorities in Indonesia’s
semi-autonomous region have recently been preparing detention centers to
process those who violate provincial religious codes. Zulkarnain, head of the
Sharia Police, or Wilayatul Hisbah (Wi-Ha) as they are known, told The
Jakarta Globe on Wednesday that he hoped these centers would soon be
prepared “in all 23 districts and towns across Aceh.”
The Wi-Ha are a familiar presence in Indonesia’s
northernmost region. Following the Special Autonomy Law in 2001, Aceh’s
provincial legislature enacted a series of qanun, or local laws,
governing the implementation of Sharia. Since then, the enforcement of these
qanun has largely been carried out by the Wi-Ha, who have functioned alongside
the national police force for over a decade.
Although the
extent of the Wi-Ha’s legal authority during its history has, at times, seemed
less than clear to members of the public, legislative developments over
the past five years point towards an extension of jurisdiction, as well as a
general increase in the number of Sharia-related offences being introduced.
“Jurisdiction” is a funny thing in
Indonesia. Nowhere is it clearer than in
Aceh that even though Sharia 2.0 violates the Indonesian Constitution, the
Administration is allowing Acehnese authorities their pretend independence . .
. as long as it doesn’t interfere with either the mainland or economic
prosperity/public relations. And I will
bet that if the young woman from Jakarta who was arrested last week at a coffee
shop and accused of being a sex worker makes any type of a national fuss, there
will be a lot of post-election back-pedaling from the veil-and-stoning crowd.
Decreed punishments
for such violations also seem to have grown more severe, although their
implementation is, in many cases, not carried out.
In April 2009, two new and controversial qanun were passed,
reiterating existing Sharia prohibitions, enhancing some penalties, and
introducing an array of new offences. The new laws authorized punishments that
included up to 60 lashes for “intimacy,” up to 100 for engaging in homosexual
conduct, and death by stoning for marital adultery.
These laws still
stand today
[because Zaini, a PA member and Irwando foe who signed
off on them, is still governor] and, with the new Qanun Jinayat passed
on December 13 last year, the Wi-Ha have new powers with which to enforce them.
Previously, the Wi-Ha could only search and detain suspects briefly. After
having been “educated” about Sharia principles, a process notoriously vague in
its phrasing, perceived offenders had to be released if the official police had
not been involved. Now, the Wi-Ha can detain suspects for up to 30 days prior
to a legal trial. This period can then be extended for a further 30 days should
the awaited trial be delayed. Zulkarnain has also indicated that those awaiting
trial could be transferred to regular jails should the detention centers become
overcrowded.
[I am not so sure that the “law” has changed
regarding this. Many believe it is just
an emboldened political move on the part of PA, encouraged by Probowa in return
for support in the presidential election.
Gosh, this is so slimy I think I need an
antimicrobial sponge bath.]
What is the significance of these new developments? The
general implementation of Sharia is not necessarily controversial for many
Acehnese. Despite anger voiced by some of the younger generation at recent
restrictions on clothing and public intimacy between unmarried couples, and
despite some viewing the Wi-Ha as a public nuisance, many individuals support the religious principles
that underlie Aceh’s strict legislature.
[As noted in previous posts, to say
you are anti-Sharia is to say you are against Islam. No one will say that. It’s
a version of “Think about the children,” and then whatever harebrained scheme
you promote will get frightened and tacit approval. ] However, international observers and human
rights groups in the past have pointed towards the scope for abuse and
selective implementation that these laws can afford.
A year after the two controversial qanun of 2009, Human
Rights Watch published a report
condemning the manner in which the Wi-Ha had been enforcing this legislation,
stating:
“Human Rights Watch takes no position on Sharia law per se,
which supporters say is a complete system of guidance on all matters in life,
or on the provisions that regulate the internal workings of Islam. However, the two laws singled out in the
report are applied abusively and violate both Indonesian constitutional
protections and international human rights law.”
The report also contained testimony from “suspects” who had
undergone physical and sexual
abuse from Wi-Ha officials, [also known as the
Morality Police—how about that!] as well as attacks from members of the
local community upholding and encouraged by the 2009 codes. One female even
claimed to have been raped
by the Sharia police who arrested her before being released the next morning.
[This is not an uncommon story.]
Given the criticism and human rights concerns surrounding
the Sharia laws of 2009, some observers and residents may regard Wi-Ha’s recent
extension of power with trepidation. On Tuesday, on the outskirts of Banda
Aceh, a Wi-Ha raid cracking down on dress-code violations briefly detained 59
people. Zulkarnain said they included 54 women found to be wearing “tight
shirts” in public and five men in shorts, adding:
“They were only advised not to repeat their offence and were
told that in future, if they’re caught again in another raid, they face the
possibility of being taken into custody.”
[If you ever wondered why Aceh has no public
funds for programs like job creation, food for hungry kids, or school supplies,
it’s because all their resources are now going towards rounding up women in
tight shirts. ]
Although these suspects escaped prolonged detention, the gender imbalance shown in
this single incident suggests that women may well find themselves
disproportionately affected by the December ruling. [And this is a
surprise because . . . ?]
Human Rights Watch said that their 2010 report “details
evidence that the laws are selectively enforced – rarely if ever applied to wealthy or
politically-connected individuals.” It seems being male may also help
one escape time in a new Wi-Ha detention center. [They’re harder to sexually
assault, for one. ]
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