Religious officers hold an Acehnese youth onstage before a public caning event as punishment for dating outside of marriage, which is against sharia law, outside a mosque in Banda Aceh on Aug 1, 2016. (AFP Photo/Chaidir Mahyuddin)
I heard the news about the latest public caning in Aceh and how it restarted the never-ending debate on whether corporal punishment is the best form of law enforcement.
I wonder, does such punishment really reduce the numbers of crime committed in Aceh?
According to Institute for Criminal Justice Reform (ICJR), the practice of public caning has been rising since Qanun Jinayat Law was officially used in 2015. Last year alone, 339 people were sent for public lashing in the province. It is a big number for me, but it doesn't show anything. We have to compare the numbers of crime commited during the year where public caning was implemented and the year where it was not to see whether corporal punishment has that deterrent effect authorities have been claiming about. Unfortunately, I do not have the number.
But it does not mean that I cant weigh in and give my opinion on the issue. People have been doing that for years.
Some say that public caning is effective and those who were caned had it coming anyway. After all, adultery, gambling and selling alcohol is prohibited by local laws there.
Some see it as a violation of human rights. With the execution shown to public, the offenders suffered from physical torture as well as mental torture. ICJR stated in their report that Qanun Jinayat in Aceh strengthens the legitimacy of corporal punishment in Indonesia and public execution is a cruel and degradingpunishment.
Personally, I cannot come to any conclusion. I cannot decide whether I agree or disagree with corporal punishment.
I respect Aceh government's policy. After all, it is their law and as we live in a law-based country, the law has to be obeyed.
I don't live in Aceh nor I understand the Qanun Jinayat policy in depth, so I can't possibly understand the underlying value behind the application of the law, but I have questions in my mind, especially after reading the ICJR report.
I thought our national law does not apply corporal punishment, so how can Aceh's bylaws get away with public caning? Does the special autonomy mean that they can set up their own law although it contradicts the national law? Will the national government do something about the executions?
So many questions.
The views expressed in this article do not necessarily reflect Brilio's.
(brl/red)
