BANDA ACEH, Indonesia – A Shariah court in Indonesia’s Aceh province has sentenced two men to public caning after they were found guilty of engaging in same-sex relations, a practice deemed illegal under the province’s strict Islamic laws.
The individuals, aged 24 and 18, were detained on November 7 after local residents in Banda Aceh suspected them of being in a same-sex relationship. Acting as vigilantes, the neighbors forcibly entered their rented room, where they discovered the pair in an intimate state.
The presiding judge stated that the court had found substantial evidence proving the charges, leading to sentences of 85 lashes for the older man and 80 lashes for the younger.
“The trial confirmed that the defendants engaged in acts violating Shariah law, including physical intimacy,” said Judge Sakwanah, who, like many Indonesians, goes by a single name. “As followers of Islam, they are expected to adhere to the religious regulations in Aceh.”
The three-judge panel opted for a sentence lower than the maximum of 100 lashes, citing the defendants’ cooperation, respectful behavior in court, and clean criminal records. Prosecutors initially sought 80 lashes for both individuals, but the court ruled that the older man should receive a harsher penalty, considering his perceived role in facilitating the encounters.
Both the prosecution and defense have accepted the verdict, confirming that they will not seek an appeal.
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Aceh, a deeply religious province, operates under Islamic law—distinct from the rest of Indonesia, where secular legal principles prevail. The central government permitted Aceh to enforce Shariah-based regulations in 2006 as part of a peace agreement following a long-running separatist conflict. Since then, public caning has been a common punishment for various offenses.
In 2015, Aceh expanded its Shariah laws, applying them to both Muslims and non-Muslims, who make up roughly 1% of the province’s population. Under these laws, same-sex relationships and extramarital affairs can result in up to 100 lashes. This case marks the third time Aceh has enforced corporal punishment for homosexuality.
Caning in the province is also used to penalize other offenses, including gambling, alcohol consumption, inappropriate clothing for women, and failure to attend mandatory Friday prayers for men.
Human rights organizations have condemned the implementation of these laws, arguing that they violate international agreements that Indonesia has ratified, which are designed to protect minority rights.
While Indonesia’s national criminal code does not criminalize homosexuality, the central government lacks the authority to overturn Shariah-based rulings in Aceh. However, previous drafts of the law, which proposed death by stoning for adultery, were abandoned following intervention from Jakarta.
