Islamic Criminal Law within Indonesian Legal System: History and Human Rights Perspective

Abstract

After the peaceful agreement signed by the central government with the government of Aceh, special autonomy granted for Aceh and provided additional space for the two governments to improve the relations. Islamic law was fully effected after the assigned of the Law No.22 of 1999 concerning Regional Autonomy and amended by the Law No. 11 of 2006 concerning the Law of the Government of Aceh which provides a legal basis for the Privileges and Application of Islamic Law in Aceh. As an effort to enforce Sharia law, the regional government, besides pouring it into regional regulations or what is called Qanun, also forms institutions that are tasked with ensuring the proper implementation of Islamic Sharia law in Aceh. Through this normative legal research, the research aims to analyze history of the special autonomous status given to Aceh whether it was contradicted to the human rights principle. Since the result showed that there is not violation of human rights in the implementation of Islamic law in Aceh.