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An Australian is in legal strife in an Indonesian province that uses Sharia law. Here's what you need to know

Law officials used a rattan cane to whip two men convicted of gambling in the Aceh region last month.  (AP Photo: Rahmat Mirza)

An Australian man has been arrested in Indonesia's Aceh province after allegedly going on a drunken naked rampage.

Aceh is the country's most conservative province and also the only one that practises Sharia law, which non-Muslims can choose to be tried under.

Queenslander Bodhi Mani Risby-Jones was on a surfing holiday when on Thursday morning he allegedly left his room while naked and chased and struck residents in a village.

He says he was not feeling like himself at the time of the incident.

Let's take a look at what laws apply and what is banned in the province.

So, where is Aceh province?

The Aceh province is on the north-west tip of Sumatra in Indonesia.  

Mr Risby-Jones was on Simeulue Island, off its coast.

The province is best known for its pristine islands and rainforests, and its beaches draw in surfers and divers. 

The region was hard hit by the 2004 tsunami, with much of its western coast devastated.

What is Sharia law?

Sharia is believed to be the divine laws or guidelines from God as revealed to the Prophet Mohammed and recorded in the Koran as well as the Sunnah and Hadith, which are writings about the Prophet's life. 

No two Muslim-majority countries in the world have identical laws, yet most say their laws are based on the principles of Sharia.

Laws to 'safeguard human dignity'

Aceh is the only Muslim-majority province in Indonesia that implements Sharia law.

It was able to introduce the laws after being granted special autonomy as part of an agreement with Jakarta to end decades of separatist violence. 

In 2014 the parliament approved by-laws to fully enact a strict Islamic criminal code. 

They came into effect on October 23, 2015.  

Authorities say Sharia law is enforced to "safeguard human dignity".

Alcohol, gambling banned under law

People can be caned for things that are commonplace in the West, such as drinking alcohol, gambling and adultery.

Women who wear tight clothes and men who skip Friday prayers are also subject to caning.

It is illegal for unmarried couples to touch each other or to sit too close together.

The law also criminalises rape and sexual harassment, which can be punished by 40 lashes or more.

Cinema and karaoke are also banned in the province.

"The implementation of Islamic Sharia should be in all aspects of life, government and community without exception," Banda Aceh assistant major Bachtiar said back in 2019.

An Indonesian woman is publicly caned for prostitution in Banda Aceh in 2018. (Reuters: Oviyandi Emnur)

Do the laws apply to tourists?

Yes.

The Australian government's smart traveller website advises Australians to understand the laws and to seek local advice if in doubt. 

"You're subject to all local laws and penalties, including those that may appear harsh by Australian standards," the smart traveller website states.

The laws in Aceh differ from those in tourist hotspots such as Bali. 

Can non-Muslims be punished under the law?

A non-Muslim person in Aceh can choose whether to be tried under Sharia law or the county's criminal code. 

This was announced by the government when the laws were introduced in 2015. 

"Non-Muslims can choose whether to be tried under Sharia law or the regular Indonesian criminal code," the head of the government department said.

How are the laws enforced?

Sharia police conduct nightly patrols to maintain strict moral standards.

In 2018, a new rule was introduced banning the whipping of criminals in public, but public canings continue.

A Sharia code allows up to 100 lashes for morality offences including gay sex. 

An official uses a rattan cane to whip one of two men convicted of gay sex in Banda Aceh in 2021. (AP Photo: Riska Munawarah)

In 2021, two men were publicly caned 77 times each after neighbours reported them to Islamic religious police for having sex.

In 2020, two women were publicly whipped about 100 times this week in Langsa City, Aceh for selling sex online.

The changes allow journalists and adults to witness the punishment inside private prisons.

In 2018 a ban was introduced to stop the public from recording people being caned. (AP Photo: Heri Juanda)

What punishment does the Australian face for his alleged crimes?

If found guilty, Mr Risby-Jones faces either two and a half years in prison if the injuries he allegedly caused are minor, or up to five years in prison if they are more serious.

The Simeulue police chief says Mr Risby-Jones will also be prosecuted for drinking alcohol, which is illegal for Muslims and non-Muslims in Aceh.

He will have a choice to be prosecuted under Sharia law or provincial law for that alleged offence. Under Sharia law, he would be flogged 40 times if found guilty.

Calls for caning to be banned

Human rights groups including Amnesty International have repeatedly called for caning to be banned. 

"It’s a punishment that must never be normalised nor tolerated," Amnesty International's Indonesia executive director Usman Hamid said in 2020. 

"We urge the Indonesian government to repeal all regulations that contradict international law and standards."

ABC/wires

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