ADNKI, Apr-28-2006 04:15 am
Indonesia: government wants non-muslims tried by Acheh
Islamic court
Banda Aceh, 26 April (AKI/Jakarta Post) - The Indonesian government has insisted
that Muslims and non-Muslims alike in Nanggroe Aceh Darussalam district of
Muslim-devout Aceh province should be tried by a planned Islamic Court.
Non-Muslims accused of committing crimes such as theft and adultery, would be tried
under the Sharia inspired bylaws, state secretary Yusril Ihza Mahendra told the
special committee deliberating a crucial bill on Aceh's future administration.
Mahendra, responding to the proposals of several legislators who wanted non-Muslims
to be given the freedom to choose under which law they would be tried, said it would
only create legal uncertainty.
"Should such freedom be given, non-Muslims will certainly choose to be tried under
the Criminal Code, because it carries more lenient punishment," Yusril told the
hearing, held to discuss the authority of the planned Islamic Court, also known as
Mahkamah Sharia.
Yusril said that in the case of adultery, non-Muslims who committed adultery with
Muslims would undoubtedly opt for trial by Indonesia's penal code, because it was
more lenient than stoning or other forms of corporal punishment stipulated under
Islamic Law.
A number of factions, such as the Christian-based Prosperous Peace Party (PDS)
and the Buddhist inspired Indonesian Democratic Party of Struggle (PDI-P), have
proposed that non-Muslims be given the freedom to choose under which law they
would be tried for ordinary crimes.
Yusril said later in the hearing that non-Muslims could be exempted for trial by the
Islamic Court only in cases related to domestic matters, such as distribution of wealth
as well as business and monetary issues.
He added details about the Islamic Court would await the drawing up of more bylaws.
"It is these that will decide who will be tried under which law," Yusril said. The court is
one of the key elements of the current bill on Aceh's administration required under the
landmark peace accord signed last August between separatist rebels from the Free
Aceh Movement (GAM) and the Indonesian government that ended a 29 year conflict
in the province.
Discussions about the Islamic Court and other substantial issues in the Aceh bill have
resulted in the Indonesian parliament and the government failing to meet the original
March 30 deadline for its passage.
Legislators now agree that two more months is a realistic target, especially as there
is no longer the intensity of early deliberations. Bylaws dealing with adultery,
alcoholism, gambling and obscenity are already on the statute books.
Lawmaker Permadi of the PDI-P faction, who is also a member of the special
committee, alleged the simmering down of the debates was connected to payments
worth 181,550 dollars made to committee members by the interior ministry
Permadi, speaking during a meeting with representatives from Aceh Leuser Antara
and Aceh Barat Selatan districts, who are seeking the establishment of a new
province covering these areas, said the handouts were intended to expedite the
deliberation of the bill and "silence" previously vociferous opponents
(Aki/Jakarta Post)
Apr-26-06 14:28
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