Aceh and Islamic Criminal Law in the Courts

Abstract

In 2014, the Aceh provincial government enacted a Qanun Jinayat or Islamic Criminal Code. The Qanun came into force on 22 October 2015, one year later. The positions of Islam in the state and of Islamic law in the legal system have long been highly vexed issues in Indonesia. Given that Muslims are said to comprise around 85 to 90 per cent of Indonesia’s population, Muslim groups have long pushed for an Islamic state or for some type of formal recognition of Islam. The 2006 Aceh Special Autonomy Law authorises the Aceh government to ‘implement’ Islamic law in Aceh, expressly mentioning criminal law as being encompassed. The Qanun prohibits drinking, producing, selling or carrying alcohol, and giving it as a gift, although use of alcohol for medical purposes as prescribed by a doctor is permitted. The Qanun also appears to assert predominance over widely-recognised international human rights norms.