Polemic Implementation of Sharia Law in Aceh

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Currently, the International NGO Human Rights Watch (HRW) has published its annual report on the polemical application of sharia law in Aceh with a title report, "Policing Morality Abuses in the application of Sharia in Aceh, Indonesia." And as usual, the attitude of the Government of Indonesia on the report was denied and stated that these reports are prepared by not fair because only lifted the story from one side of that is the offender, did not raise the application of sharia law stories from the Government side. Apart from the HRW report was fair or not, it does need to be reviewed on the validity of the application of sharia law that stipulated in local legislation (the Acehnese people to call their local regulations). Although Article 14 of Law Number 10 Year 2004 jo. Article 143 of Act 32 of 2004 in essence states local regulations may contain criminal provisions, but must keep in mind, until now there has been no clear guidelines on how technical formulation of the criminal provisions in local legislation. In the absence of clear guidelines on the formulation of penal provisions in local legislation, would be very affected, and contrary to the purpose of establishing regulations for the area can not just local authorities include criminal provisions in the legislation that he has made. Basically, the formulation of the scope of criminal law provisions in the legislation specifically applicable local, at least, should include: (1) the formulation of the material criminal law (criminal, criminal responsibility and criminal); (2) formulation of the law of criminal procedure (process and criminal procedure), (3) the formulation of procedures for criminal prosecution. If the three formulas above are not applied in the preparation of the material in a criminal provisions of local regulations, it is certain that local regulations are legally flawed and potentially a violation of human rights. Back on topic discussion, traced what is presented in the HRW report on the application of sharia law in Aceh, it was not excessive and should qanun jinayah (Aceh local regulations governing criminal sanctions) reviewed the application before it takes a lot of "victims".