Abstract
Aceh is unique among Indonesia’s provinces in having legal status as an autonomous region to enforce Syariah (Islamic) law derived from the Quran and Hadith. Article 125 of the Law of the Government of Aceh stipulates that Aceh must implement Syariah law through enactment of a Qanun, an Islamic bylaw akin to a regional regulation but based on Islam and consistent with Syariah law. The latest enacted, Qanun 6 of 2014, establishes Islam as the basis for criminal law throughout Aceh. Since becoming effective in October 2015, it has been controversial locally, nationally, and internationally for legitimating corporal punishment - specifically caning - that is not recognized under Indonesia’s civil system. This qualitative research analyzes the legitimacy of caning and human rights violations that can emerge through Qanun 6 in Aceh.
Original language | English |
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Title of host publication | Challenges of Law and Governance in Indonesia in the Disruptive Era II |
Publisher | Nova Science Publishers, Inc. |
Pages | 117-128 |
Number of pages | 12 |
ISBN (Electronic) | 9781536193541 |
ISBN (Print) | 9781536191301 |
Publication status | Published - 1 Jan 2021 |
Keywords
- Caning
- Corporal punishment
- Human rights violations
- Syariah law