The Implementation of Caning Law in Aceh Province, Indonesia: An Overview of The Human Rights Perspectives

Ikramsyah Irwali, MA; Wan Zulkifli Bin Wan  Hassan; Madya Dato’ Mohd Izhar Ariff bin Mohd  Kashim

doi:10.61707/bk55xs12

Authors

Ikramsyah Irwali, MA Institute of Islam Hadhari, Universiti Kebangsaan Malaysia, Malaysia
Wan Zulkifli Bin Wan Hassan Institute of Islam Hadhari, Universiti Kebangsaan Malaysia, Malaysia
Madya Dato’ Mohd Izhar Ariff bin Mohd Kashim Institute of Islam Hadhari, Universiti Kebangsaan Malaysia, Malaysia

DOI:

https://doi.org/10.61707/bk55xs12

Keywords:

Caning Law, Punishment, Aceh Province, Human Rights

Abstract

Initially, caning in Aceh was conducted openly in public areas, including the courtyard of the mosque. However, this approach provoked both positive and negative reactions. Many viewed public caning as a form of torture and raised concerns about its potential negative impact on children who witnessed the punishment. Subsequently, the Aceh government introduced Governor's Regulation No. 5/2018, which mandated the implementation of caning punishment within correctional institutions. Despite this move, the implementation of caning punishment, whether in public or correctional institutions, continues to be criticized as a violation of human rights. However, the Rome Statute of 1998 and Law No. 5 of 1998 on the Ratification of the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment stipulate that legally imposed punishments, including caning, do not constitute torture as long as they are in accordance with existing legislation.