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On May 12, the Southeast Aceh Prosecutor’s Office punished 15 convicts by flogging them with over 200 strokes of the rattan cane collectively.
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Of the 15 offenders punished on May 12, one was a woman who received 100 strokes of the cane after being found guilty of adultery.
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The 14 other male offenders were sentenced to between six and 10 strokes each for the crime of gambling.
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The punishments were carried out under Aceh’s Qanun Jinayat, the province’s Islamic criminal law, which differs from Indonesia’s national Criminal Code.
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Qanun Jinayat applies only in Aceh Province and regulates crimes such as adultery, gambling, proximity between unmarried men and women, sexual harassment, rape, and alcohol consumption.
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Under Indonesia’s national Criminal Code, punishments for crimes are fines or jail time, not flogging.
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Aceh has semi-autonomous status under the Helsinki Memorandum of Understanding signed in 2005, which followed decades of civil conflict between local separatists and Indonesian security forces.
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The Helsinki Memorandum of Understanding allowed Aceh to implement Sharia law, including caning as a punishment, which had already been introduced in 2004.
Teuku Kamaruzzaman, spokesperson for the Aceh provincial administration
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According to Teuku Kamaruzzaman, a spokesperson for the Aceh provincial administration, flogging is a common punishment for violations of Aceh’s laws, with illegal gambling being one of the most frequent offenses.
Teuku Kamaruzzaman, spokesperson for the Aceh provincial administration
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Teuku Kamaruzzaman stated, 'The punishment [of caning] is applied to everyone who violates the law in Aceh. For non-Muslims, they can choose to go to prison or be flogged.'
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The number of cane strokes an offender receives depends on the crime and time already served in prison, with the sentence reduced for time served.
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Caning punishments in Aceh are carried out in public with the stated aim of deterring crime and shaming offenders to prevent recidivism.
Mohammad Purnomo Satriyadi, head of Southeast Aceh’s Prosecutor’s Office
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Mohammad Purnomo Satriyadi, head of Southeast Aceh’s Prosecutor’s Office, said, 'May the punishment make the convicts realize their wrongdoings. For the public in general, this is a reminder to stay away from crimes forbidden by the Aceh Qanun.'
Teuku Kamaruzzaman, spokesperson for the Aceh provincial administration
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Teuku Kamaruzzaman claimed, 'Caning is quite effective. Flogging makes the Aceh people more orderly,' and added that there has been little public resistance to Sharia punishments and that most residents support caning.
Majda El Muntaz, head of the Human Rights Study Center at Medan State University
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Majda El Muntaz, head of the Human Rights Study Center at Medan State University, stated that the effectiveness of flogging should be tested to determine its impact on social order and deterrence.
Majda El Muntaz, head of the Human Rights Study Center at Medan State University
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Majda El Muntaz emphasized that the principle of non-discriminatory access to justice must be upheld in the implementation of Qanun Jinayat, especially concerning vulnerable groups such as women and children.
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In January of this year, a couple was publicly caned 140 times in Aceh for having sex before marriage and drinking alcohol.
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Under Aceh’s Sharia law, sex outside marriage carries a penalty of 100 cane strokes, and alcohol consumption is punishable by 40 strokes.
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The 140-stroke sentence given to the couple in January was the highest number of strokes ever handed down in Aceh’s history.
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The woman in the January caning incident was 21 years old and reportedly fainted after being beaten by three female officers, requiring her to be carried to an ambulance.
Montse Ferrer, Regional Research Director at Amnesty International
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Montse Ferrer, Regional Research Director at Amnesty International, called the public flogging of the two men 'a disturbing act of state-sanctioned discrimination and cruelty.'
Montse Ferrer, Regional Research Director at Amnesty International
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Montse Ferrer stated, 'This punishment is a horrifying reminder of the institutionalized stigma and abuse faced by LGBTQ+ individuals in Aceh. Consensual same-sex activity between adults should never be criminalized. Punishments such as flogging are cruel, inhuman and degrading and may amount to torture under international law.'
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Indonesia is a member of the U.N.
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