ENFORCING ISLAMIC LAW FOR NON-MUSLIMS A CASE STUDY OF INDONESIA

Indonesia has become one of the countries facing serious criticism on the methods used in the implementation of Islamic law. The Government of Aceh is the only Indonesian province with the delegated authority to legally implement Islamic law. During the first period of establishment, the perpetrators were generally Muslim, but currently non-Muslims can also be potentially treated with Islamic law. For instance, in an Aceh case, a non-Muslim having profession as alcoholic-drinking dealer was punished by the Islamic criminal law. This expanded authority happened because of the judge’s interpretations. In some cases, judges can decide whether a nonMuslim can be punished with Islamic law or with other laws. However, realizing not to be punished in some occasion non-Muslim shows off alcoholic-drinking publicly. This action has violated the feelings of the Muslim majority. This fact places the judges in a difficult position, they must enforce the principal of equality before the law, and also protect legal certainty.