Looking deeper into the use of language and rhetoric to persuade (or coerce) masses.
Indonesia and its Aceh province: Unity in Diversity?
As an archipelago nation encompassing over 300 distinct ethnic groups (“About Indonesia”) with twice as many different languages (“Language”) and practicing a variety of indigenous and world religions, Indonesia has prided itself on its diversity since its 1946 independence, enshrined in the nation’s core philosophy of “Bhinneka Tunggal Ika” (“unity in diversity”) and “broad religious tolerance” (Barnes 278). Yet, Indonesia’s northernmost province of Aceh has shown that “unity in diversity” might not extend to all Indonesians through its implementation of Shari’a Law vis-à-vis its practice of caning and whipping as punishment methods.
Murni Amris, an Acehnese woman, is caned as part of her sentence in the courtyard of a mosque in Aceh Besar district, Indonesia's Aceh province October 1, 2010. © 2010 Reuters
Several Nongovernmental Organizations (NGOs) and local activists have opposed the “inhumane and degrading punishment”, which specifically targets minorities (non-Muslims or non-conservative Muslims), violates both international law and the Indonesian constitution (Amnesty International 1-2) and disproportionately targets women (Millalos 297). Meanwhile, the authoritative governmental body responsible for enforcing the Acehnese law (Dinas Syariat Islam [DSI]), has defended caning and whipping for preventing economic hardship from conventional incarceration and its effectiveness in maintaining social control (Feener 237).
While Shari’a law has been contested since its formalization in 2002 (Schulze 264), caning and whipping have seen increased attention both locally and internationally since 2016, following the bellicose rhetoric of hardline Muslim group leader, Rizieq Shihab. Infamous for leading violent demonstrations against minorities (Ismail, “Nov 4 Protest”), Shihab had massively rallied for a nation-wide implementation of Shari’a Law, gaining widespread public support (Emont, “Indonesia’s Secular Face”). Consequently, as many look to Aceh in resolving the nation’s identity crisis, it is crucial that the rhetoric for and against caning and whipping are analyzed to help lawmakers and citizens make informed decisions before committing to such a radical change.
The demonstrators are calling for the imprisonment of Ahok over comments he made about a verse in the Quran, which he said was being used to lie to voters ahead of next year’s elections. President Jokowi and Vice President Jusuf Kalla are asking for peace as tensions increase ahead of the rally planned against the Jakarta governor, a Christian and the first ethnic Chinese person to occupy the office.
And so, because the DSI’s rhetoric in supporting caning and whipping has logical fallacies and omissions while the opposing rhetoric only focuses on the punishment’s discriminatory and abusive nature without considering Aceh’s preexisting socioeconomic and political vulnerabilities, an alternative solution through a coalition that considers both the grievances from the policy and Aceh’s socioeconomic and political context must be advanced to ensure Indonesia’s “unity in diversity” while preserving Aceh’s religious identity.
Rhetoric for pro-caning: A case by DSI
Standing in support of caning is the Shari’a Authoritative Service (Dinas Syariat Islam), the authoritative governmental body responsible for the Aceh Islamic Criminal Code (Dinas Syariat Islam, par. 2). To push for the public support of caning, the service produced several ‘scholarly’ publications to strengthen their rhetoric (Feener 235). Consequently, the use of scholarly publications appeals to ethos by persuading the audience through credibility (Barett et al., “What is Rhetoric?”) while the reputable sources help construct an image of trustworthiness and intelligence for the DSI through a process called invented ethos (Crowley 86). Additionally, the publications argued for the economic and social benefits of caning and whipping.
Economically, caning is claimed as a better alternative to the conventional incarceration, where the inadequate judiciary system, over-crowding, and long-term incarceration (Sudaryono, “Overcrowding Crisis”) often lead to economic hardship (Feener 237). The emphasis on poverty and economic hardship effectively touches on a reality that the Acehnese are intimately familiar with. The 2004 major tsunami had not only resulted in unprecedented rates of casualties and destruction but also tremendous economic hardship. Consequently, nearly half of Aceh’s population fell below the poverty line with the remaining demographic falling under the high vulnerability category, where “a small shock could send them into poverty” (World Bank 12). By highlighting the socioeconomic plight of the Acehnese people (Ananta and Poh 104), pathos is evident through the use of emotional appeal (Lunsford and Ruszkiewicz 103). According to DSI, caning is also an effective means of social control. Through public humiliation, a sense of shame is created, functioning as a deterrent for future crimes while simultaneously raising public awareness on issues of social deviancy (Feener 237).
The overcrowding rate across all Indonesian prisons is 203 per cent. Photo by Antara.
While these benefits may seem promising, the physical aspect of the punishment is omitted and instead, its benefits are one-sidedly bolstered. Consequently, a logical fallacy is evident in the form of red herring as the text “diverts the attention from the real issue by focusing instead on an issue having only a surface relevance to the first” (Texas State University, par.1). The deliberate omission of crucial information to support their argument is also indicative of failed ethos by lacking transparency and using “fallacious argument” (Crowley 89).
The rhetoric against caning: The Civil Society's fight
Although the DSI fails to address the physical aspect of caning, NGOs such as Amnesty International are more critical towards caning as “a form of cruel, inhuman and degrading punishment” (Amnesty International 1-2). The choice of words used to describe caning such as “inhuman” and “degrading” shows a method of persuasion based on emotions or pathos. The rhetoric appeals to emotions (Lunsford and Ruszkiewicz 103), generating sympathy regarding the victims and outrage against the policy.
Moreover, caning and whipping are cited as violations of Article 7 of the International Covenant on Civil and Political Rights and the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment under the international law, as well as the human rights provisions in the Indonesian constitution and its 1999 Law on Human Rights (Amnesty International 1-2). By using legislation from a renowned governmental body, the United Nations, and the Indonesian government’s own constitution and law, the audience is persuaded by the credible evidence that appeals to ethos (Crowley 89). Similarly, the use of reputable sources also lends the appearance of trustworthiness and legitimacy for the NGO through invented ethos (Crowley 86). The use of legislation also appeals to logos vis-à-vis inductive logic. (Barett et al., “What is Rhetoric”). By conclusively proving that caning violates multiple laws, the audience’s preexisting inclination to obey the law encourages them to oppose caning.
Furthermore, the Human Rights Watch argues that caning and whipping’s enforcement is “often arbitrary” and interpreted broadly by the Shari’a police, leading to disproportionate policing towards women (Human Rights Watch 36). Millalos claims that in a post-tsunami environment, characterized by the implementation of Shari’a law, violence inflicted towards Acehnese women remain high (297). Her research is supported by findings from The National Commission on Anti-Violence against Women (Komnas Perempuan), the authoritative national commission on the protection of women’s human rights in Indonesia, whose legality is enshrined in the national constitution and has ratified several widely acknowledged international agreements from the United Nations (Komnas Perempuan, par.3). Like the DSI’s use of scholarly publications, utilizing a respected institution to support Millalos' argument helps establish credibility and trustworthiness, which appeals to ethos (Crowley 93).
Additionally, Komnas Perempuan found that nearly half of the lashing cases recorded involved women and around 191 cases of violence against women were found in less than a year, with over half of these cases indicating sexual violence (Millalos 297). Using statistics to demonstrate the disproportionate violence towards Acehnese women, Millalos appeals to logos by providing hard evidence and facts to persuade the audience (Lunsford and Ruszkiewicz 107). Moreover, the recorded high count of lashings directed towards women may trigger an emotional response or pathos (Lunsford and Ruszkiewicz 103) because describing the severe discrimination and violence against Acehnese women may generate emotional responses such as sympathy for the marginalized women or outrage towards the perpetrators.
Moreover, Millalos (297) uses Komnas Perempuan’s official stance on lashing as having been proven ineffective in deterring future infractions to conclusively negate DSI’s social benefits argument. In doing so, she shapes the invented ethos (Crowley 86) of the Shari’a law enforcers as they appear to be “stubborn” and “less trustworthy” when they continue to practice lashing and caning despite the ineffectiveness of the punishments as a deterrent.
Opposing rhetoric on caning: What happens now?
Based on the statistics and research conducted by several NGOs and scholars, it is indisputable that DSI’s rhetoric in supporting caning and whipping in Aceh ignores counts of discrimination and human rights abuses. This deliberate omission and ignorance can further exacerbate the issue as The Institute for Criminal Justice Reform, warned the abusive practice will “continue to rise” in 2017 (Human Rights Watch 52). And with the recent constitutional court’s ruling, which prohibits the central government from repealing local regulations, Shari’a law in Aceh may go even more unchecked (Knight, “Indonesia’s Jokowi”).
While the rhetoric to abolish Shari’a law in Aceh has seen growing support from NGOs and activists (Knight, “Indonesia’s Jokowi”), the solution risks undermining a longstanding socio-political structure on a volatile province that is still recovering from the disastrous 2004 tsunami (Feener 56) and recurrences of violent ethnic separatism (Schulze 246), which could lead to further political instability and countless legal appeals.
Therefore, this essay recommends forming a coalition between representatives of Aceh’s provincial government and those in opposition of caning and whipping to discuss and execute a reformed Shari’a law that would eradicate issues of discrimination, accountability, and Human rights abuses while reaching a mutual understanding and ensuring a fair implementation of Shari’a law in Aceh. This policy is more beneficial, as its success was demonstrated in a Harvard University study in Nigeria, where a religious conflict eventually ceased due to mutual reconciliation efforts and open dialogue between religious and community leaders (Harvard Divinity School, par.5).
As the current implementation of Aceh’s Shari’a law, especially its practice of caning and whipping, is characterized by discrimination and human rights abuses and has inspired hardline groups in their rhetoric against minorities, mutual reconciliation efforts could reach a fair implementation of Shari’a law that prevents further abusive practices while preserving the province’s cultural identity in adherence to their religious belief. Furthermore, a successful and fruitful peaceful negotiation may inspire the increasingly aggressive hardline groups to replace their violent ways with more peaceful and effective methods of expressing their viewpoints and thus, preserving the nation’s “unity in diversity”.
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