International Herald Tribune published an article on the draft law (Qanun) in Aceh which provides amputation penalty for theft:
One article in the draft law says thieves found guilty of stealing goods worth more than the market price of 94 grams (3 ounces) of gold should have a hand amputated, a punishment stipulated in the Koran, Islam's holy book, and carried out in some Islamic countries.
The Indonesian government agreed to allow Shariah law in Aceh four years ago as part of negotiations to end the 29-year war between separatist rebels and the military. The province is slowly introducing elements of the legal code.
I need to clarify that I have not seen nor read the draft Qanun directly so I am unable to confirm on the validity of this IHT article. However, assuming it is true and this draft is enacted as a Qanun, then there will be challanges on its constitutionality. Any citizen will have sufficient grounds to challenge the Qanun. At least, it can submit its claim based on:
- Legal certainty. Dualism of criminal law creates constitutional injuries.
- Ultra vires. None of the laws concerning Aceh authorized any institution there to issue criminal penalties. Besides, any criminal provisions larger dan 3 months imprisonment and 50 million fines must be regulated through parliament-enacted laws
- Human Rights. Indonesia is a party to the International Convention on Civil and Political Rights. This Convention bans torture and any form of degrading punishments. Indonesia will have international obligation to carry out the Convention.
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