Legal Policy on the Enactment of Criminal Law for Homosexuals in Aceh Province, Indonesia

Abstract

Deviant sexual behaviour, which is currently prevalent in society, is known as homosexuality or liwath. Such sexual deviance is behaviour that is not permitted under Islamic law or positive law. According to Islamic law and Indonesian criminal law, liwath is a heinous act that can corrupt the intellect, mind and morals of human beings. Islam takes a firm stance against this prohibited act. This firmness is evident in the scriptural texts and hadiths that serve as the legal basis for Islamic jurists in determining the punishment for homosexuality. Although there are differences of opinion amongst Islamic jurists, they agree on the prohibition of homosexuality. Disagreements arise only regarding the specific legal sanctions to be imposed on the perpetrators. These differences stem from the varying legal sources utilised by individual scholars of Islamic jurisprudence, as well as differing interpretations of the verses and hadiths that form the basis for the legal rulings. The penalty for perpetrators of liwath under Law No. 6 of 2014 is flogging. The status of the criminal law (Qanun Jinayat) for perpetrators of liwath under Qanun No. 6 of 2014 within Indonesia’s national criminal law system, as part of the reform of criminal law in Indonesia, is already in line with Indonesian law. The implementation of the criminal law set out in Qanun No. 14 of 2014 on the Criminal Code aims to uphold human dignity and protect the people of Aceh from committing sins against Allah. The implementation of the Qanun Jinayat has reduced the incidence of Sharia violations in Acehnese society.