Introduction
Aceh province and its population, located at the northern tip of Sumatra islands of Indonesia, has endured various changes over the years. From ongoing internal conflict, where grave human rights violations took place, to the introduction of strict Sharia law, and to the devastating tsunami of 2004, which killed thousands of people and destroyed infrastructure (McCulloch, 2005). However, certain groups of people face day to day human rights violations in the Aceh Province, due to the strict application of Sharia law and exclusion from society. Access to services is limited, discrimination is present, and the ability to pursue life as oneself is denied. This article will address the historical context of Aceh to the present date, the essence of Sharia law, who the invisible people of Aceh province are, as well as the struggles they face.
Historical context
The Aceh province has held strong Islamic roots ever since 1953, with aspirations of independence from Indonesia and a change towards an Islamic region (McCulloch, 2005). In 1976, Hasan di Tiro, along with a few other dissenters of colonial rule by Indonesia, established Gerakan Aceh Merdeka (GAM), the Free Aceh Movement (McCulloch, 2005), declaring Aceh’s independence from Indonesia. The introduction of GAM and aims of independence sparked an internal conflict with the Indonesian government and military, with multiple military operations conducted to crush the rebellion.
In 1999, the respective president took initiative for a peace dialogue between GAM and the Indonesian government, however this failed due to the president’s impeachment. In 2002, the Indonesian government granted the Aceh province limited autonomy, under which partial Sharia law, a system of religious law in Islam governing the aspects of Muslim everyday life, came into force. Following the failure of the peace initiative, martial law was imposed in 2003, aimed at suppressing the GAM military and winning the Acehnese people over in support of the Indonesian government (McCulloch, 2005). Within the militarisation of Aceh province hundreds of civilians were injured or killed as well as thousands of GAM soldiers were either arrested, injured, killed, or made to surrender (McCulloch, 2005). In 2004, a state of civil emergency was introduced in Aceh province, with the newly elected president aiming for peace within. In lieu of the suffering caused by the tsunami that hit Aceh in 2004, a peace agreement was finally signed in Helsinki between the Government of Indonesia and GAM in 2005 (Ansori, 2012).
The Helsinki Memorandum of Understanding established complete special autonomy for Aceh within the Republic of Indonesia (Ansori, 2012). This led to the introduction of new legislation, the 2006 Law on Governance of Aceh, which provided the Aceh Government with wide governance powers, including all other sectors except defence, foreign relations, justice, national security, and monetary and fiscal policy (Bertrand, 2019). Furthermore, the law allowed for the complete implementation and enforcement of Islamic Sharia law, excluding the power to appoint judges to the Islamic court (Bertrand, 2019). Exceptionally, the Aceh province was granted the right to establish local political parties, allowing for GAM to be transformed into a political party, called the Aceh Party and running for local legislative elections. The Aceh party has been the most powerful party since the 2009 elections, strictly and rigidly enforcing the Sharia law on all of Aceh’s residents, creating negative implications for the lives of women and minorities (Minority Rights Group, 2018).
Sharia law
In light of the strong consequences, and as considered to violate international human rights standards by experts, the essence of the Sharia law is addressed. In Aceh, the Sharia law is reflected in Aceh’s Islamic Criminal Code, which uses corporal punishment to uphold traditional Islamic views (Llewellyn, 2019). It allows for penalties to be imposed on its residents, and takes the form of public canings of which amount depends on the severity of the offence. Penalties can be imposed for a range of offences, such as dress-code violations, gambling, gay sex, the sale and consumption of alcohol, and sex before or outside of marriage (Llewellyn, 2019). The public canings are commonly conducted in front of a mosque, where viewers take videos and photos and upload them to the internet, so that everyone has seen the face of the punished. This creates shame and humiliation, which according to an activist and researcher is the main force behind Islamic law (Llewellyn, 2019).
Furthermore, Sharia law is intended to reduce sinful behaviour and immorality. It aims to keep opposite sexes apart, by prohibiting men and women who are not related or married from sitting together in public spaces, secluded places, or in vehicles (Thamrin, 2023). Furthermore, the movement of women is restricted after certain hours of the day, and the way they are dressed is monitored. In 2014, an anti-gay law was introduced in Aceh, according to which any person caught having gay sex would be punished with 100 lashes of a whip (Stewart, 2015).
Concerns have been raised about the serious barriers that Sharia law imposes on preventing women and girls from reporting rape or other forms of sexual violence (Llewellyn, 2019). Furthermore, the stigma and humiliation of canings, suppress people from voicing their experiences and often force them to move elsewhere to start life afresh (Llewellyn, 2019). As the punishments under Sharia law have close ties to traditional Acehnese culture, there is little to no hope of the practice being abandoned in Aceh.
The punishments prescribed under Sharia law are in contradiction with Indonesia’s national regulations, which, for example, mandates the abolition of inhumane punishments, such as the caning. However, Indonesia’s central government does not have the power to strike down laws in Aceh, due to its complete special autonomy and wide governance powers.
The invisible people of Aceh Province
Various groups of people find themselves in a human rights crisis within Aceh province, due to being invisible to different degrees within Aceh society, in which strict Sharia law plays a big role in. These include ethnic minorities, non-Muslim minorities, and individuals from the LGBTQIA+ community.
While Aceh is predominantly an Islamic province, non-Muslim believers also inhabit the province. While Aceh regulations allow for the existence, practice, and religious teaching of other religions than Islam, non-Muslim minority groups must still abide by the Sharia law (Mustaqilla, 2024). Sharia law has implications which contradict with the freedom of practising non-Muslim religions as well as the ability to live freely in public spaces according to one’s own beliefs. The non-Muslim minorities are seen as guests in the Muslim society, where Muslims are seen as hosts (Mustaqilla, 2024). This creates a space where non-Muslims are made to accept the role of guest, and thereby abide by the Sharia regulations.
Moreover, the Aceh province consists of a variety of ethnic groups, where the ethnic Acehenese, commonly supporters of the GAM, comprising about 80 percent of the region’s population and the rest includes minority ethnic groups, such as Aceh Chinese, Gayo, Singkil, and Alas (Ansori, 2012). The ethnic minorities are socio-politically marginalised, isolated, and discriminated against by the ethnic Acehnese. As expressed by an individual belonging to the Alas ethnic group, the ethnic Acehnese treat ethnic minorities as they are not part and do not belong to Aceh province (Ansori, 2012).
Individuals in LGBTQIA+ communities can be considered to be the most invisible within Aceh society. They are forced into living an invisible life due to the strict Sharia law in Aceh, which condemns their lifestyle. They must keep a low profile and conceal their true identities in public to be able to avoid the public canings, bringing shame and humiliation to their lives (Stewart, 2015).
Struggles of the marginalised
The invisibility of people within the Aceh Province society presents itself in various ways. From discrimination and human rights abuses, to limited access for services, public space participation and way of life, and exclusion from society.
The implications born from the Sharia regulations on non-Muslim believers include clothing regulations, limited provision of houses of worship or church facilities, and limited public participation in occupying seats within the government (Mustaqilla, 2024). The clothing regulations, such as the requirement of women wearing the veil can be argued to be a symbolic resistance towards non-Muslim religions, as the requirement is not part of non-Muslim religions (Mustaqilla, 2024). The limited number of places of worship has resulted in the difficulty of non-Muslim believers to carry out spiritual guidance. While in theory non-Muslims can represent their respective religions in Aceh, however, they are fully dominated by Muslim counterparts, where in the Ministry of Religions, 280 were Muslims and only nine were of minority religions (Mustaqilla, 2024). Additionally, occupying a seat in the government is more difficult for non-Muslim minorities as trust is not fully present (Mustaqilla, 2024). Such limitations on public space participation creates the inability to affect the practices and regulations to protect the status of minority religions, resulting in making the individuals of minority religions more invisible in the society. Moreover, certain jobs, such as a Tourism Ambassador, require an individual to be Muslim, creating restrictions on access to employment (Mustaqilla, 2024).
Ethnic minorities face parallel struggles when interacting with governmental bodies as well as within the political field. According to Najmuddin, a prominent leader of the Alas ethnic group, ethnic Acehnese people discriminate against ethnic minorities by refusing to mingle with them in public, such as in the capital, Banda Aceh (Ansori, 2012). Additionally, the different ethnic minorities and ethnic Acehnese people are populated in isolated areas from each other, showcasing the tension and unwillingness of ethnic Acehnese to include ethnic minorities within their living areas (Ansori, 2012). When individuals belonging to an ethnic minority try to access governmental services, they are mostly ignored and inappropriately greeted by government officials when they lack the ability to speak Acehnese (Ansori, 2012). Furthermore, the marginalisation of ethnic minorities can be seen in politics, where restrictions or reductions of budgets were placed on the local governments of ethnic minority groups (Ansori, 2012). Additionally, the district heads or mayors of the minorities’ regencies are commonly ethnic Acehnese. Similarly for minority religions, this creates implications for the ability to protect the rights of ethnic minorities, leading to greater invisibility in the Aceh province.
Due to the rigid application of Sharia law, condemning their way of life, the LGBTQIA+ community have been living in fear in Aceh due to regular harassment conducted by religious police and residents (Stewart, 2015). In lieu of the introduction of the anti-gay law in 2014, Violet Grey, a gay rights group, warned its members to avoid going out in public together as couples to avoid the punishment of caning (Stewart, 2015). As an example, in 2025, two men were caught hugging and kissing in a bathroom of a public park, which led to sentencing of 80 strikes of the cane for each (CBS News, 2025). Moreover, living in Aceh, is particularly problematic for transgender individuals as it is harder for them to conceal their identity in public spaces, and being in public has led to stabbings and death for concerned individuals (Stewart, 2015). Additionally, transgender individuals have faced discrimination in employment as well as accessing public services and healthcare, which usually is based on the refusal of the government to issue identity cards for them, leading to denied access for services (U.S. Department of State, 2018). Such grave condemnation of the LGBTQIA+ community forces individuals to live an invisible life in Aceh, in order to prevent punishments, humiliation and even death.
Conclusion
The presence of Sharia law in Aceh creates difficulties for LGBTQIA+ individuals seeking to live normal lives, forcing them to live in the shadows to protect themselves. Furthermore, minority groups such as ethnic minorities, as well as religious minorities face restrictions within their lives. Discrimination presents itself with regard to minorities, where access to services, government positions, and resulting ability to influence the politics of rights concerning minorities is often denied. Due to the strong Islamic culture present in Aceh, and Aceh’s status as a complete special autonomy region, the Sharia law will continue to restrict and affect minorities’ lives, forcing individuals to live an invisible life to different degrees.
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