December 1, 2010

Policing Morality

Abuses in the Application of Sharia in Aceh, Indonesia

Map of Aceh
I. Summary
Law against Khalwat (Seclusion)
Islamic Dress Requirements
The Status of the Laws Today
Official Justifications for the “Seclusion” and Muslim Dress Laws
II. Background
Sharia Law and the Approach of the Aceh Qanuns
GAM’s Reaction to the Implementation of Sharia Law
Resolution of the Conflict in Aceh and Post-War Sharia Implementation15
III. Sharia Enforcement in Aceh
The role of the Wilayatul Hisbah
Community Participation in Sharia Enforcement and Traditional Dispute Resolution23
IV. Four Illustrative Cases
Sri and Budi
Rosmiati and Nurdin
Siti and Ahmad
Nita and Azhar
V. Human Rights Violations in Implementation of the Seclusion Law
The Law is Applied Arbitrarily to Criminalize Innocuous Behavior
The Law is Applied Selectively
Forced “Confessions”
Other Abuses: Virginity Tests and Application of the Seclusion Law against Minors36
Stigmatization and Other Effects Resulting from the Prohibition against “Seclusion”
Justifications for the Seclusion Law, and Some Dissenting Views
VI. Community Enforcement of the “Seclusion” Law
Assaults on Individuals Accused of “Seclusion” and the Inadequate Police Response
Arbitrary Curfews
Due process violations and arbitrary punishments
Police Failure to Respond to Abuses by Community Members
VII. Human Rights Violations in Enforcement of Islamic Dress Requirements
A District Government Follows Suit
Official Justifications for the Islamic Dress Requirements
VIII. Legal Standards
Sharia, National Law, and Human Rights in Indonesia
International Standards
The Right to Legal Certainty
The Right to Privacy
Freedom of Religion and Expression
The Prohibition against Torture
The Prohibition against Discrimination
The Prohibition against Arbitrary Arrest
The Right to Enter Marriage Freely
Human Rights Law and Virginity Tests
The Right to a Remedy
Human Rights Violations by Private Actors
The Right to Due Process
IX. Recommendations
To the Governor of Aceh
To the Indonesian President
To the Minister for Home Affairs and the Minister for Law and Human Rights
To the Aceh Provincial Parliament
To the Bureau of Law and Human Rights at the Department of Social Services, the Women's Empowerment and Child Protection Body (Badan PPPA), and the Aceh Adat Council (Majelis Adat Aceh, or MAA)
To the Wilayatul Hisbah
To the National Police in Aceh
To the Governments of the United States, Australia, the Netherlands, the EU, and the UK, the IOM and other international donors
X. Appendix: Letters Sent to Indonesian Officials
Human Rights Watch Letter to Hasbi Abdullah, DPRA Chairman
Human Rights Watch Letter to Insp. Gen. Fajar Priyantoro, Head of Nanggroe Aceh Regional Police
Human Rights Watch Letter to Muhammad Nazar, Vice Governor of Aceh
Human Rights Watch Letter to H. Marzuki Abdullah, Head of the Satuan Polisi Pamong Praja and Wilayatul Hisbah in Aceh
XI. Acknowledgements