BANDA ACEH, Indonesia — In a recent ruling by an Islamic Shariah court in Aceh, two men received sentences of public caning for engaging in homosexual acts. The men, aged 24 and 18, were taken into custody on November 7 after neighbors suspected their sexual orientation. Vigilantes broke into their rented accommodation, where they found the couple in a compromising situation.
The presiding judge announced that the court had “legally and convincingly” established the men’s guilt, sentencing them to 85 and 80 strokes respectively. The judge, who goes by the name Sakwanah, noted that the trial provided evidence of illicit activities, such as kissing and sexual relations. She emphasized that as Muslims, the defendants were expected to comply with the Shariah laws enforced in Aceh.
It was revealed that the three-judge panel opted against the maximum punishment of 100 lashes, considering the defendants were well-behaved students who cooperated during the trial and had no prior offenses. Although prosecutors sought a sentence of 80 strokes each, they ultimately imposed a stricter penalty on the older individual, believing he had facilitated the acts. Both the prosecution and defense expressed their acceptance of the court’s ruling and confirmed they would not appeal the sentences.
Aceh province is recognized for its strict interpretation of Islamic practices compared to other regions in the predominantly Muslim nation of Indonesia. It is the only province granted the authority to enforce a version of Shariah law, a privilege bestowed by the central government in 2006 as a part of a peace agreement ending a separatist conflict. Following the enactment of these laws, public canings have occurred annually, affecting over 100 individuals.
Additionally, in 2015, Aceh expanded its Islamic bylaws to include non-Muslims, comprising roughly 1% of the population, permitting up to 100 lashes for moral offenses, including homosexuality and premarital relations. This incident marks the third occasion where individuals have been caned for homosexual conduct in Aceh.
The practice of caning also extends to punishments for gambling, alcohol consumption, women wearing tight clothing, and men who neglect Friday prayers. Human rights activists have denounced these laws, arguing they breach international treaties that Indonesia has signed to safeguard minority rights.
While homosexuality is not explicitly criminalized under Indonesia’s national legal framework, the central government lacks authority to nullify Shariah law in Aceh. However, previous proposals that would have instituted stoning as a penalty for adultery were abandoned due to intervention from the national government.
