The Jinayat Law (Qanun Jinayat) for LGBT has created a tremendous stigma against LGBT groups and simultaneously discriminately targeting them for their sexual orientation. This Law encourages people to be homophobia, to do self-monitoring and detain anyone suspected for having violated this Law.
MT (24) from Langkat, North Sumatra and MH (20) from Jeunieb of Bireun District are Two Youths who were detained by the residents for allegedly committing same-sex sexual relations on 28 March 2017. Subsequently, each of them was sentenced to 85 lashes of caning by the Judges of the Syariah Court of Banda Aceh. They were found guilty of violating “Jarimah Liwat”. Pursuant to Section 63 Subsection 1 of Qanun No.6 of 2014 on the Jinayat Law (Qanun Jinayat), each was subjected to 100 times of lashes. Or Fine of not more than 1.000 (one thousand) grams of pure gold or a maximum of 100 (one hundred) months imprisonment.
The Institute for Criminal Justice Reform (ICJR), has strongly criticized the judicial process and sentencing of the case. This is the first of the Liwat case that uses the basis of Qanun Jinayat since the Law came into effect in 2015. And this is the only criminal law system that is established to target LGBT groups systematically. Besides the “Liwat”, Qanun Jinayat also regulates the “Musahaqah”, a criminal code which is addressed for LGBT in Section 64 with the same punishment.
Since the beginning, ICJR has seen that this Law is wrong and should be refused; first it violates the right of privacy and opens up vast interventions to the most private rights in a frightening and shameful way. The Jinayat Law (Qanun Jinayat) for LGBT has created a tremendous stigma against LGBT groups and simultaneously discriminately targeting them for their sexual orientation. This Law encourages people to be homophobia, to do self-monitoring and detain anyone suspected for having violated this Law.
Secondly, the Law also provides the State a legitimacy for delivering severe punishment to Indonesian citizens who have different sexual orientation. They are targeted with heavy criminal penalties, 100 lashes of caning or fine of at most 1.000 (one thousand) grams of pure gold or a maximum of 100 (one hundred) months imprisonment. Caning is an inhuman or degrading punishment, with no legality in Indonesia, the Indonesian criminal justice system clearly rejects corporal punishment. While the imprisonment punishment of 100 months, has opened the opportunity for defendants to choose the caning penalty that is considered faster.
ICJR also criticized the practice of the courts in the Aceh Sharia Court for Qanun Jinayat cases, in particular access to advocates and legal aid. The aspect of prompt access to legal assitance inside the the adjective law of Qanun Jinayat tends to be weak. The majority of the suspects and defendants charged under the Qanun Jinayat in most cases do not have access to advocate or lawyers’ support to assist them in the proceedings. In this particular case, ICJR does not see any Advocate support and legal assistance provided to assist in the defense of their rights before the court. When in fact, the punishment falls under serious criminal sentencing.
