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AIPJ in Aceh


11 years on from the devastating tsunami and conflict before that, the people of Aceh have rebuilt their province and established a unique system of laws, drawing from a mix of tradition, religion, national legislation and local regulation. The AIPJ team has just returned after launching the Saya Perempuan Anti Korupsi with Ibu Basaria Panjaitan, Deputy Head of KPK and representatives of the Mayor of Banda Aceh and the Governor of Aceh, and discussing a partnership with the Government and Courts to improve acces to justice.

The Mahkamah Syar’iat Aceh is the court which deals with family matters affecting the majority Moslem population and crimes against religious standards that the Aceh Government have decreed.  These laws can be controversial so the Court plays a key role in balancing its duty to uphold the law and its commitment to human rights. Chief Justice Bapak Jufri Ghalib and judges of the Court gave AIPJ a warm welcome and were happy to answer our questions about the role of their Court, the laws they decide on and the role of mediation within and outside the court in resolving disputes and avoiding conflict.  They enthusiastically agreed to work together on introducing e-learning, improving public services and evaluating mobile services and mediation.

Thanks to the Court’s introduction, AIPJ was able to meet the Majelis Adat Aceh and hear about how they have already established an active community mediation program with the support of other donors.  This covers neighbourhood and small business disputes and minor crimes, without the involvement of the courts, unless the parties do not accept the agreement.  The Majelis is a part of the Government and is supported to work with community leaders who play the role of mediators. 

 

As a consequence of the work of the Majelis with traditional leaders, the Government approved guidelines that traditional sanctions such as beating or torture are degrading and are no longer permitted under traditional (adat) law because they are inconsistent with human rights principles, Islamic law and national law. However, caning continues to be practiced and endorsed in the media by the Governor.

The Majelis and the Head of the Government’s Dinas Syar’iyah Professor Syahrizal Abbas welcomed AIPJ as a partner to link them with others in Indonesia who are adopting similar programs and to help evaluate the effectiveness and fairness of their system of community dispute settlement.

The Head of the Provincial Planning Dr Zulkifli strongly supported AIPJ partnering with the government and people of Aceh, to support these initiatives and promote peace and religious tolerance, so together we can contribute to Aceh's continuing economic recovery and stability.

We are hoping to formailise our discussions through a Statement of Commitment with the Governor of Aceh next month.