BANDA ACEH, Indonesia — A Shariah court in the conservative Aceh province of Indonesia has handed down public caning sentences to two men for engaging in homosexual activities. The individuals, aged 24 and 18, were apprehended on November 7 following a raid by local vigilantes in Banda Aceh, who suspected their relationship and caught them in a compromising situation in their rented accommodation.
During the trial, the presiding judge, who is known by the single name Sakwanah, stated that evidence of illicit behavior, including kissing and sexual acts, had been established against the defendants. The judge emphasized, “As Muslims, the defendants should uphold the Shariah law that prevails in Aceh.” The sentences were set at 85 and 80 strokes, respectively, for the two college students. Although prosecutors had initially sought 80 strokes, the judges determined the elder defendant would receive a higher punishment due to his role in facilitating the sexual encounter.
Both prosecutors and the defendants’ lawyers have agreed to the ruling and will refrain from filing an appeal. Aceh is notably more conservative compared to other regions in predominantly Muslim Indonesia, and it is the only province in the country permitted to enforce a version of Islamic Shariah law.
This right was granted to Aceh’s government in 2006 as part of a peace agreement to resolve a separatist conflict. Since then, there has been the establishment of a religious police force and a court system oriented towards enforcing Shariah. Each year, over 100 individuals face public caning penalties under these laws.
In 2015, the scope of Shariah bylaws in Aceh was broadened, applying the laws to non-Muslim residents who make up approximately 1% of the population. This expansion allows penalties, including up to 100 lashes for transgressions related to morality such as same-sex relations and premarital sexual activities. The recent sentencing marks the third instance where individuals have been caned in Aceh for homosexuality since these laws were put into effect.
Caning is also employed as a penalty for various offenses in Aceh, including gambling, consuming alcohol, inappropriate attire for women, and men failing to attend Friday prayers. Human rights organizations have condemned such laws, arguing they violate international agreements designed to protect minority rights.
On a broader scale, Indonesia’s national criminal code does not specifically address homosexuality, leaving the central government with no authority to overturn Shariah laws in Aceh. Although efforts to amend an earlier law that prescribed stoning for adultery faced pushback from the central government, no such developments have occurred with the current regulations governing morality offenses in the province.
