Revisiting Implementation of Treaties on Human Rights in The Islamic Court of Aceh, Indonesia: Compliance or Violation?

Indonesia has ratified six international treaties in the field of human rights, namely CEDAW, CAT, CERD, CRC, ICESCR, and ICCPR. These international human rights treaties oblige a ratifying state to transform them into their national law; consequently Indonesia as a ratifying state must transform them to its applicable legislation, so that courts in Indonesia can apply them when making decisions. Different from the Religious Courts which are established in other provinces in Indonesia, the Aceh Islamic Court has jurisdiction to decide both private matters and criminal offenses. Since the competencies of this court cover the area of public law, this study aims to examine whether it has implemented the principles or norms of international treaties which have been ratified by Indonesia. To achieve this particular objective, the study adopts normative legal research by focusing on the examination of the Aceh Jinayat Qnn and Islamic Court decisions. Data used in this study was based on secondary data obtained from official legal documents, books, research reports and journal articles and it was analysed by using the qualitative approach. It was found that the international treaties has never been implemented by the Islamic Court of Aceh because the Court adopts the caning punishments which are considered inhuman and cruel; consequently they violate human rights and the ratified international treaties. It was also found that the Central Indonesian government is silent regarding this matter even though international community and the UN Human Rights Committee called on Indonesia to evaluate the Aceh Jinayat Qnn to comply with the ratified international treaties. It was further found that although the Aceh Jinayat Qnn which imposes the caning execution and considers being cruel and inhuman, people of Aceh remains to support the implementation of the Qnn and have no objections to the Islamic Court decisions.