JENAYAH MINUM ARAK DI NEGARA BRUNEI DARUSSALAM: ANALISIS PERUNDANGAN BERHUBUNG TAFSIRAN ARAK DAN HAD PIAWAIAN KANDUNGAN ALKOHOL

Abstract

The enforcement of the Syariah Penal Code Order, 2013 brought major changes in the criminal law of drinking liquor in Brunei Darussalam with the increase in provisions related to it together with increased rates of fine and additional whipping. The absence of interpretation in relation to the provisions of drinking liquor in the Syariah Penal Code Order, 2013 opens up space to various interpretations and assumptions in regard to the element within the proof of offence. The objective of the study is to analyse the provisions of drinking liquor offenses and related thereto, thus showing the current development of the shariah criminal law and the extent to which its implementation has therefore clarified the need for a more specific and clear definition. The methodology used is a legal study with a qualitative approach. Data were obtained from documentation materials through library-based methods, statute content analysis, journals, articles, case reports, research on investigation papers, and interview methods. The findings showed a difference in liquor interpretation among the scholars of the sects and not explicitly interpreted in shariah criminal law in comparison to the civil criminal law which gives interpretations with a different standard limit of alcohol content. The lack of interpretation of drinking liquor and the difference in the standard limit of alcohol content in the legislation may cause confusion among the practitioners and in determining the element of proof of the crime, thus possibly affecting the proof of the case. The loopholes found in the law need to be given appropriate attention and amendments so that the implementation of this criminal law is more effective. With specific improvement and explanation, the enactment and enforcement of this law are not wasted in responding to the religious demands and government aspirations to combat the crime.