Added: Aven Aguiar - Date: 18.01.2022 18:14 - Views: 12168 - Clicks: 1671
Daniel Peterson does not work for, consult, own shares in or receive funding from any company or just caning that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.
Homosexuality is not illegal in Indonesia — although it is in the autonomous province of Aceh. Police have said several of the men will be charged under the anti-pornography law. They had been convicted of sodomy. Vigilantism is also prohibited and has been denounced by senior public officials.
Despite this, the conduct of the vigilante group that arrested the two young men after breaking into their rented room and assaulting them both has not been scrutinised. The code prescribes a maximum penalty for sodomy of strokes of the cane. Caning does, in fact, violate multiple international human rights conventions. Amnesty InternationalUN Human Rights — Asiaas well as countless local pro-diversity civil society organisations condemned the decision to cane the two men, aged 20 and They also called on the Indonesian government to uphold its commitment to universal human rights standards.
While the ruling received broad criticism from human rights just caningit remains the most definitive and recent authority on the status of individual human rights in Indonesia. The court made several salient pointsall of which help explain the implementation of corporal punishment in Aceh and the discriminatory treatment of homosexuals.
These were strongly informed by the concept of religion and its exalted status in Indonesian society. First, the court noted that Indonesia is neither an Islamic nor secular state. The priority ased to One Almighty God was born out of a constitutional compromise between the drafters of the constitution, some of whom hoped for a secular Indonesian state and others who envisaged an Islamic state.
They also constitute a legitimate reason, just caning court said, to diminish individual human rights. Caning also enjoys historical legitimacy. The second crucial point of the ruling was that while religion may be a private matter to some, the Constitutional Court endorsed a concept of religion forming the identity of a community or society.
Again, critics have argued that the court conflated the need to maintain public order with the tendency to pander to general public discontent.
On this point, its stance partially explains why the criminal acts of certain vigilante groups continue to go unpunished where religion is concerned. Finally, the court stated that the Indonesian state had no obligation to ensure the domestic application of international human rights conventions.
Following something as controversial and divisive as the public caning of two citizens for having consensual sex in private, supporters of the LGBT community and opponents of corporal punishment may find it comforting to think of Aceh as the exception to the rule. The province is, after all, the only one in Indonesia to legislate corporal punishment and to prohibit same-sex relations. Aceh may also not be the only province that prohibits same-sex relations and sex out just caning wedlock for much longer.
If the court accedes to the petition, both sexual relations out of wedlock and homosexual relations as such may be outlawed across the archipelago. And this may provide sufficient justification for vigilante groups to carry out similar acts of violence across Indonesia. Plymouth Contemporary — Plymouth, Devon. Edition: Available editions United Kingdom. Contemporary Indonesia is heading down the path of conservative Sunni Islamism.
Daniel PetersonAustralian Catholic University. Women in Aceh were publicly caned for spending time with men who were not their husbands.Just caning
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Commentary: Does caning still have a place in modern-day parenting?