BANDA ACEH, Indonesia — An Islamic Shariah court in Aceh, a conservative province of Indonesia, mandated public caning for two men found guilty of engaging in homosexual relations. The sentencing occurred on Monday, following their arrest on November 7 after community members believed them to be gay and entered their rented accommodation, discovering them in a compromising position.
The presiding judge determined that the pair, aged 24 and 18, were “legally and convincingly” found to have committed acts considered illicit under Shariah law, which included kissing and sexual conduct. Judge Sakwanah, who is known by her singular name, stated that the defendants, both college students, were obliged to adhere to the local Shariah laws. The court sentenced them to 85 lashes for the older man and 80 lashes for the younger one.
She elaborated that the court opted against the maximum punishment of 100 lashes, taking into account the defendants’ good character as students, their respectful behavior during the proceedings, and the fact that they did not have prior legal issues. Prosecutors had recommended a sentence of 80 lashes for both, but the judges decided to impose a harsher penalty on the older man, believing he played a more dominant role in encouraging the relationship.
Both the defense and prosecution have acknowledged the ruling and confirmed that they would not seek to appeal the court’s decision. Aceh is known for its more stringent enforcement of Islamic practices compared to other regions in Indonesia, which is predominantly Muslim. It stands out as the only province in the country afforded the right to implement a form of Shariah law.
In 2006, a peace agreement that aimed to conclude a separatist conflict allowed Aceh to put this system in place, resulting in a religious police force and a specialized court system. Since then, public caning has been a common occurrence, with over 100 instances reported each year. The province extended its Islamic bylaws and penal code in 2015 to include non-Muslims, highlighting the significant reach of Shariah law in Aceh. This is now the third occurrence of caning for homosexuality in the region.
Furthermore, caning is employed as punishment for offenses such as gambling, consuming alcohol, women wearing tight clothing, and men who do not attend Friday prayers. Human rights organizations have condemned these laws, arguing they infringe upon international agreements that Indonesia has endorsed to protect minority rights.
Despite the national criminal code not specifically addressing homosexuality, the central government lacks authority to overturn Shariah law in Aceh. In response to earlier criticism, a law proposing stoning for adultery was retracted, demonstrating the ongoing tension between local governance and central authority in matters of religious legislation.
