SPECIAL AUTONOMY LAW ON
NANGGROE ACEH DARUSSALAM (NAD)
LAW NO. 18 OF 2001

        Mid 2001 witnessed a major development in the efforts to resolve the problems in Aceh by the adoption of Law 18 of 2001 on the Special Autonomy for Aceh. The law is the result of the work of a diverse group of legislators, academics, state officials and business people of Aceh origin. The law, which was enacted by President Megawati Soekarnoputri on 9 August 2001, transfers unprecedented amounts of power and resources from the central government to the Province. It offers broad autonomy to the Province of Aceh in order to address Acehnese resentments at the political domination and economic exploitation of the province by the central government. The law gives Aceh a greater share of income from its natural resources, chiefly gas, allows it more freedom to run its internal affairs, to re-design local government in line with local traditions, and to base the legal system of the province on the Islamic Sharia. This "special autonomy" for Aceh is much broader than the "regional autonomy" applied across Indonesia since the start of the year 2001.

        The law maintains the central government authority over Aceh's foreign political relations, external defence and monetary affairs, while all other responsibilities would fall to the provincial government. Civil and criminal law within Aceh would be based on the Islamic Sharia and the province would have the right to form its own police force. The law provides for local electoral reform giving the people greater control over their own affairs. The governor, regents and mayors will be elected directly by the people, rather than by their local legislators.

Redistribution of revenues

         The most important provision of the law, from an Acehnese perspective, is that 70 per cent of the revenues generated from Aceh's rich oil and gas fields would be allocated to the province, with the remaining 30 per cent going to the central government. After an 8-year period, the province will receive 50 per cent of the revenue. This is more generous to Aceh than that stipulated in the 1999 law, which allotted to the province 55 per cent of oil revenue and 40 per cent of natural gas revenue. For other natural resource income, derived from fishing, general mining and forestry, the percentage derived by Aceh would be 80 per cent under both sets of legislation.

Governmental structures

        Administratively, the Province comprises 11 districts and 4 regencies, 147 sub-districts, and 5529 villages. In terms of political and administrative arrangements, the law is a compromise between existing nationwide structures and demands for the revival of Acehnese tradition. Like other provinces, Aceh will still have a governor and local legislatures at the provincial and the district level (DPRD Levels One and Two). These would be renamed using Acehnese terms, as are the various units of civil administration: for example, the district (kabupaten) is renamed the sagoe. The law envisages several new institutions, the most symbolically important of which is the Wali Nanggroe. The Wali Nanggroe will be a head of state who embodies the distinct history and traditions of the province, but will not have any political powers. It is a non-structured organization in its administration and a symbol of the preservation of (Acehnese) culture and tradition rather than be involved in any political decision making. To reflect this non-political status, it is envisaged that the Wali Nanggroe is to be chosen not by the local legislature but by a separate body called Ahlul Halli Wal Akdi (this is an Arabic term which translates as "Those who Loose and Bind" and refers to a group of expert decision-makers), whose nature and powers are not defined in the law but left to secondary legislation.

        According to the law, the Province is allowed to arrange direct gubernatorial elections, whenever it is ready. But if the province is not ready, gubernatorial elections should be held by local provincial legislators, and the elected governor will be sworn in by the Minister of Home Affairs on behalf of the President, before the Mahkamah Sharia of the Nanggroe Aceh Darussalam.

        The executive head in the province would be the governor, as at present, but he would be chosen by a body of Acehnese experts. The law also has a large symbolic element in the form of new practices and institutions which are intended to give the Acehnese a greater sense of ownership over autonomy. For example, Aceh would be allowed its own flag (which is not a symbol of sovereignty) and its own, non-executive head of state, called the Wali Nanggroe (Wali Nanggroe literally translates as "guardian of the state." It has Islamic connotations but is not a religious term), and the terminology of local government are changed to replace Indonesian terms with Acehnese ones.
The law stipulates that the Province can organise its own police force, coordinated by the Governor. The law states that the Aceh Police chief, who will be appointed by the National Police chief with the approval of the Aceh governor, is accountable to the governor of Aceh regarding security matters, including law and order.

Islamic Law

        A provision of the law, which has attracted much attention among Indonesians, is that Aceh's legal system should be based on the Islamic Sharia. This is a sensitive issue for secular nationalists in the DPR and the military, as well as for devout Muslims. There has been an intermittent dispute since the founding of the Republic in 1945 over whether the state and its laws should be based on Islam or on secular models. There seems to be a general acceptance in Indonesia that Aceh is more "Islamic" in character than the rest of Indonesia. The law allows Aceh to base its legal system on the Sharia, which will be imposed on Muslims, but not on members of other religions in the Province.

        The Court will be Mahkamah Sharia at district level and Mahkamah Sharia at Provincial level, and appeals heard with recourse to the Supreme Court in Jakarta.

        The Sharia is a body of precepts touching on many aspects of social and religious life. Although it contains legal injunctions, its range is broader than that of the discrete legal codes commonly used. Aceh was granted the right to implement Sharia precepts in its cultural and educational affairs by Law No 44 of 1999: the provincial government has since issued several regulations concerning appropriate Muslim dress, alcohol, gambling and other issues. There are now plans to create an Advisory Council of Ulama, which would be selected by its peers, within the next few months. This body could play a significant role. The signs are that it plans to give itself a fairly free hand in adapting Sharia precepts to Acehnese conditions.

        Almost all Acehnese are Muslims and the level of popular religiosity appears to be quite high compared to many other regions of Indonesia. Given the high level of religiosity, and the social pressures to conform to religious norms, the application of Sharia in the Province is a proper response to the religious needs of people in Aceh.

        The Sharia (Islamic) Court of Indonesia's Nangroe Aceh Darussalam province was then finally inaugurated on Tuesday, 4 March 2003. Following the establishment of the Sharia (Islamic) Court in NAD, all religious courts in Aceh will be turned into Sharia Courts. The Sharia Court however will only cover Moslems. Non-Moslems will be dealt with by the General Court, as has been practiced.

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Source: Directorate General for Socio-Cultural Relations and Foreign Information, Department of Foreign Affairs Republic of Indonesia, 2001