Amnesty International calls for the repeal of a new Aceh bylaw that enforces flogging for consensual sex and complicates rape reporting. The law threatens justice for victims while imposing harsh penalties on both Muslims and non-Muslims. It raises severe human rights concerns, especially for children, and contradicts Indonesia’s obligations under international law.
Authorities in Aceh, Indonesia, are urged to repeal a controversial bylaw that imposes severe flogging penalties for consensual sexual relations outside of marriage, as well as same-sex relationships. Amnesty International highlights the detrimental impact of this law, which introduces caning punishments of up to 100 lashes and creates obstacles for individuals reporting rape, thus potentially allowing offenders to evade justice. The new law, while framed as an Islamic Criminal Code, unfairly punishes both Muslims and non-Muslims and contradicts Indonesia’s obligations under international human rights standards.
Amnesty International condemns the bylaw as “despicable,” arguing that the use of corporal punishment constitutes cruel and inhumane treatment, possibly amounting to torture. The psychological and physical consequences of such punishment could result in long-lasting harm to victims. Furthermore, the law endangers potential victims of sexual violence by creating an environment where they may be reluctant to come forward due to the threat of punishment for alleged false accusations.
This new code poses additional risks, particularly for children, as it introduces the term “adultery with a child,” which could redefine sexual violence against minors as a mere offense of adultery. Such a view undermines the protection that Indonesian law is expected to provide to children against sexual abuse. The deterioration of human rights standards in the region raises alarms about the integrity of the legal system in terms of fairness and protection for all citizens.
Amnesty International stresses that Indonesia’s government must maintain human rights across all regions and must not compromise on its responsibilities due to regional autonomy. The persistence of corporal punishment in Aceh stands in stark contrast to national and international efforts to prohibit such practices, underscoring a need for urgent reform to safeguard human rights universally.
The Acehnese provincial government has enforced caning as a punitive measure since 2002, which began with its special autonomy status. Despite national laws against corporal punishment, Aceh continues to implement these harsh penalties, gaining significant international scrutiny. Various United Nations committees have urged Indonesia to reassess laws permitting corporal punishment and to fulfill its commitments under international human rights agreements. The introduction of the new Islamic Criminal Code further expands the scope of offenses and adds significant complexities for individuals, especially women, in seeking justice and protection.
The recent implementation of the bylaw in Aceh, which mandates severe penalties for consensual sexual activities and complicates the prosecution of sexual crimes, represents a detrimental regression in human rights protections. Amnesty International’s condemnation of these laws highlights the urgent need for the Indonesian government to reform laws that contradict international human rights obligations and to ensure justice and safety for all citizens, particularly vulnerable populations such as women and children. It is imperative for Indonesia to uphold human rights standards universally, without exception for regional practices.
Original Source: www.amnesty.org
