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Lashing in Qanun Aceh and the Prohibition Against Torture and Cruel Treatment in the Convention Against Torture

Conference Proceeding, Aceh Development International Conference, Selangor, Malaysia (2017)

Posted: 6 Sep 2017  

Fajri Matahati Muhammadin

Universitas Gadjah Mada (UGM) - Faculty of Law

Dian Agung Wicaksono

Constitutional Law Department, Faculty of Law, Universitas Gadjah Mada

Ola Anisa Ayutama

Universitas Gadjah Mada (UGM) - Faculty of Law

Almonika Cindy Fatika Sari

Universitas Gadjah Mada (UGM) - Faculty of Law

Date Written: March 25, 2017

Abstract

While considered archaic to some, the Islamic Sharia applies lashing as punishment for a number of penal offences. Aceh is a special province in Indonesia with the privilege to apply some level of Islamic Sharia. Among them is to apply lashing as punishment for crimes such as fornication, gambling, consuming alcoholic beverages, and many others. Some have criticized this punishment as a violation of the prohibition against torture and cruel treatment. This article will explore the relevant sources of international law and examine whether or not such a claim is true. It will be found that the Islamic Sharia version of lashing as applied in Aceh does not violate this prohibition, except in a very narrow minded view of international law.

Addition: After the last page of the article (published in the conference proceeding), an additional few pages are added which are post-conference reflection: clarification on some mistakes and other things.

Keywords: Qanun, Aceh, Lashing, Torture, Inhumane Treatment

Suggested Citation

Muhammadin, Fajri Matahati and Wicaksono, Dian Agung and Ayutama, Ola Anisa and Sari, Almonika Cindy Fatika, Lashing in Qanun Aceh and the Prohibition Against Torture and Cruel Treatment in the Convention Against Torture (March 25, 2017). Conference Proceeding, Aceh Development International Conference, Selangor, Malaysia (2017). Available at SSRN: https://ssrn.com/abstract=3030726

Fajri Muhammadin (Contact Author)

Universitas Gadjah Mada (UGM) - Faculty of Law ( email )

Jl. Sosio Justicia No. 1
Bulaksumur
Sleman, Yogyakarta 55281
Indonesia

HOME PAGE: http://fajrimuhammadin.staff.ugm.ac.id

Dian Agung Wicaksono

Constitutional Law Department, Faculty of Law, Universitas Gadjah Mada ( email )

Jl. Sosio Yustisia No. 1
Bulaksumur
Sleman, Yogyakarta 55281
Indonesia
+62-274-512-781 ext. 2211/2109 (Phone)
+62-274-512-781 (Fax)

HOME PAGE: http://constitutional.law.ugm.ac.id

Ola Ayutama

Universitas Gadjah Mada (UGM) - Faculty of Law ( email )

Jl. Sosio Justicia No. 1
Bulaksumur
Sleman, Yogyakarta 55281
Indonesia

Almonika Sari

Universitas Gadjah Mada (UGM) - Faculty of Law ( email )

Jl. Sosio Justicia No. 1
Bulaksumur
Sleman, Yogyakarta 55281
Indonesia

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