Non-Muslim Khalwat in Qonun Jinayat in Aceh, Indonesia: Discourse on Islamic Sharia and Human Rights

Qanun Jinayat is one of the legal umbrellas for implementing Islamic law in the Criminal sector in Aceh. The application of this Qanun has pros and cons because it is seen as contrary to the spirit of tolerance which is one of the pillars of Religious Moderation. This study examines the suitability of the Jinayat Qanun with Religious Moderation. The data used in this article consists of primary data and secondary data. Primary data comes from Qanun Aceh No. 6 of 2014 concerning Jinayat Law. Meanwhile, secondary data was obtained from literature related to the implementation of Islamic law in Aceh and articles related to religious moderation. The study results show that Qanun Jinayat is following Religious Moderation for the first two reasons that this Qanun in its formulation chooses the Minhaji approach, not the Mazhabi approach. Second, non-Muslims are given a choice in their implementation to choose to submit to the punishment in the Qanun Jinayat or the penalties contained in the Indonesian Criminal Code if they violate the Qanun Jinayat in the Aceh region.

This study discusses the legal legitimacy of public whipping in Aceh as part of the legal specificity regulated through Law Number 11 of 2006 concerning the Government of Aceh. This specificity provides a constitutional basis for Aceh to implement Islamic law-based law through Qanun Jinayat, especially Qanun Number 6 of 2014 concerning the Jinayat Law which regulates the punishment for certain criminal acts, including adultery. Although normatively legitimate because it is underpinned by asymmetric decentralization mechanisms, the practice of public caning is controversial from a human rights perspective. Indonesia has ratified the ICCPR through Law Number 12 of 2005, so it is bound by the prohibition of cruel, inhuman, and degrading treatment. This condition creates a normative tension between Islamic sharia principles that emphasize social morality and international human rights principles that emphasize individual dignity. The research uses normative juridical methods with a legislative and conceptual approach, and analyzes the relationship between Islamic law, national law, and international law. The results of the study show the need for a more contextual reconstruction of punishment, emphasizing maqāṣid al-syarī'ah as a meeting point between religious values and human rights principles. Alternatives such as closed executions or rehabilitative punishment can be a solution so that the application of jinayat law remains relevant without causing serious contradictions. Thus, this study emphasizes the importance of humanistic, transformative, and substantive justice regulatory innovation

Aceh Qanun No. 6 of 2014 concerning the Jinayat Law can potentially eliminate justice for women and children. Through a literature study using a descriptive-analytical method, this article aims to interpret the substance of the Qanun Jinayat. The results show that the Qanun Jinayat has not taken sides with women and children. The first evidence, the preliminary evidence requirement for rape victims in the Qanun Jinayat, provides an opportunity to harm women. Victims may be unable to show evidence due to their psychological pressure. The second piece of evidence, the existence of legal dualism, between Article 81 and Article 82 of the Child Protection Law and Article 47 of the Qanun Jinayat, provides opportunities for violence to children. Qanun Jinayat provides lighter sentences to perpetrators. This article finds that the Qanun Jinayat was formulated and ratified with minimal involvement of many parties and absorption of community aspirations. The article recommends that the formulation of the Qanun Jinayat should be revised with consideration of the public benefit by involving modernist academics with a comprehensive religious education background.

This study aims to describe the relevance of Qanun Number 6 of 2014 concerning Jinayat Law as a legal regulation used to address cases of child sexual Harassment in Aceh. This is considered important because until now cases of child sexual Harassment in Aceh have continued to increase every year. In addition, Aceh is a region that has special regulations that are formed based on Islamic law and customary law. Therefore, the provisions relating to sexual Harassment in Aceh are different from other provincial areas that use the Child Protection Law, the Sexual Violence Crime Law or Law Number 1 of 2023 concerning the Criminal Code. The study was conducted using a sociological legal research method with descriptive analytical writing specifications. The focus of this study is on how the relevance of Aceh Qanun Number 6 of 2014 concerning Jinayat Law is in minimizing the number of cases of child sexual Harassment in Aceh, thus causing this study to be different from previous studies. The results of this study indicate that Qanun Number 6 of 2014 concerning Jinayat Law has not been able to optimally address cases of child sexual Harassment in Aceh. It is because the five factors that influence the effectiveness of the implementation of Qanun Jinayat in Aceh have not been effective until now. The five factors are legal factors, law enforcement factors, facilities and infrastructure factors, community factors and cultural factors. In addition, the provisions of the threat of sanctions contained in Qanun Jinayat when associated with the theory of just desert and the theory of the purpose of punishment in Islamic criminal law are still relatively light so that they have an impact on the unprotection of children's rights as victims and do not provide a deterrent effect for perpetrators.

Islamic law, derived from the teachings of the Qur'an and Hadith, plays a significant role in various countries with a majority Muslim population. Indonesia, the country with the largest Muslim population in the world, has experienced fluctuations in the integration of Islamic law within its national legal system. This dynamic has led to the legislative incorporation of Islamic law into the national legal framework as an expression of religious obedience in fulfilling the principles of Sharia. This legislative effort is manifested in Aceh's Qanun Jinayat, implemented in the Nanggroe Aceh Darussalam Province. This study aims to examine the existence of Aceh's Qanun Jinayat within the national legal system following the legislative integration of Islamic law. This research employs a normative legal approach, utilizing juridical-normative methods, with data collection based on the study of primary, secondary, and tertiary legal materials. The findings of this study indicate that the existence and implementation of the Qanun Jinayat in Aceh aim to preserve security and welfare as stipulated in the Aceh Qanun Jinayat. This is mainly due to the Islamic law legislation framework, which grants the Nanggroe Aceh Darussalam Province the authority to apply Islamic legal principles through regional autonomy.

Besides to regulate Aqidah and worship, the implementation of Islamic Sharia in Aceh is conducted to regulate e Jinayah or criminal. In 2014, the Qanun/District regulation had been established to regulate the jinayah, namely Qanun Number 6 Year 2014, which was the result of revision of Qanun Jinayat ratified and enforced since July 15, 2003. One of the acts prohibited by the Islamic Sharia contained in the Qanun is adultery. Adultery is an intercourse between a man or more with a woman or more without marital ties with the willingness of both parties. Adultery in the Qanun Jinayah Aceh review is an act that is categorized in 'Uqubat Hudud which is punishable by caning and can be added by 'Uqubat Ta'zir by paying a fine or imprisonment. According to the Islamic Jurisprudence of Legal School, adultery includes 'Uqubat Hudud whose form and magnitude has been firmly defined in the Qur'an and Sunnah. Muhsan adultery (married adultery) is punished by way of stoning (thrown by gravel) to death and as for ghair muhsan (unmarried) adulterer is punished by flogging for a hundred times. The Qanun maker predominantly implements Al-Ijtihad Al-Jama'i in establishing a number of Jinayat Law Articles. The Qanun designers have essentially reinterpreted the Fiqh School and modified it by considering the benefits and interests of the Acehnese people's rights. Qanun Jinayat is a response to the wishes of the people of Aceh for the creation of lasting peace, comprehensive justice and dignity. Therefore, 'Uqubat adultery in Aceh Qanun is different from the viewpoint of the Islamic Jurisprudence of Legal School and the existence of law renewal which is the result of ijtihad from the Maker of Aceh Qanun (Muqannin). Abstract—Besides to regulate Aqidah and worship, the implementation of Islamic Sharia in Aceh is conducted to regulate e Jinayah or criminal. In 2014, the Qanun/District regulation had been established to regulate the jinayah, namely Qanun Number 6 Year 2014, which was the result of revision of Qanun Jinayat ratified and enforced since July 15, 2003. One of the acts prohibited by the Islamic Sharia contained in the Qanun is adultery. Adultery is an intercourse between a man or more with a woman or more without marital ties with the willingness of both parties. Adultery in the Qanun Jinayah Aceh review is an act that is categorized in 'Uqubat Hudud which is punishable by caning and can be added by 'Uqubat Ta'zir by paying a fine or imprisonment. According to the Islamic Jurisprudence of Legal School, adultery includes 'Uqubat Hudud whose form and magnitude has been firmly defined in the Qur'an and Sunnah. Muhsan adultery (married adultery) is punished by way of stoning (thrown by gravel) to death and as for ghair muhsan (unmarried) adulterer is punished by flogging for a hundred times. The Qanun maker predominantly implements Al-Ijtihad Al-Jama'i in establishing a number of Jinayat Law Articles. The Qanun designers have essentially reinterpreted the Fiqh S.

The implementation of Islamic law in Aceh is based on the special autonomy and privileges of Aceh. The implementation of Islamic law brings the spirit of formalizing Islamic teachings through formal state regulations, namely the Aceh Qanun. Qanun Jinayat is a regulation that regulates disgraceful acts that should be punished in the teachings of Islamic law or can be referred to as a compilation of criminal law in Aceh. There are ten types of jarimah (criminal acts) regulated in the Qanun Jinayat, two of which are jarimah of sexual harassment and jarimah of rape. During the implementation of the Qanun Jinayat related to the law enforcement of the crime of sexual violence against children, both crimes of sexual harassment and rape have attracted a lot of criticism from the public, this crime is seen as no longer regulated in the Qanun Jinayat because it has been regulated previously and is more complete in the Child Protection Law. The ratio legis for regulating sexual violence against children in the Qanun Jinayat is because this act is seen as a continuation of the act of khalwat. This study shows an inaccuracy in the formulation of the type of jarimah in the Qanun Jinayat and the neglect of horizontal harmonization of national law.

Human Rights (HAM) are fundamental rights inherent in every individual since birth without distinction of ethnicity, religion, race, or social status. The principle of universality and justice in human rights has long been part of Islamic teachings through sharia law (al-syariah al-islamiyyah). Sharia not only regulates aspects of religious rituals, but also includes a comprehensive legal system that guarantees human welfare and dignity. The main objective of sharia law is realized in the concept of maqāṣid al-syarī‘ah, which includes protection of religion (ḥifẓ al-dīn), soul (ḥifẓ al-nafs), reason (ḥifẓ al-‘aql), descendants (ḥifẓ al-nasl), and property (ḥifẓ al-mal). These five principles represent the essence of human rights in Islam, showing the harmony between Islamic values ​​and modern human rights principles as stated in the Universal Declaration of Human Rights (UDHR) 1948. This research uses a literature review method, examining primary and secondary sources related to Sharia law and human rights. The results indicate that Sharia law serves as a normative, moral, and social instrument in protecting basic human rights and has strong relevance to contemporary human rights principles. However, implementation challenges arise from differences in Sharia interpretations, partial application, and a lack of integration between the values ​​of Sharia's objectives and national law. Therefore, a harmonious approach is needed that integrates Islamic values ​​of justice and welfare with the positive legal system to strengthen comprehensive human rights protection.

Article 1 Paragraph (26) Aceh Qanun Number 6 of 2014 concerning Jinayat Law, adultery is intercourse between a man and a woman without marital ties with the willingness of both parties. This study aims to analyze the legal provisions against the finger of adultery and the finger of seclusion according to Islamic law and Qanun Jinayat. The research method is normative juridical, with a case and statutory approach. The data sources used are primary legal materials, secondary legal materials, and tertiary legal materials. The study results show that in Islamic law, there are differences in punishment; namely, married adulterers are lashed one hundred times and stoned with stones. In comparison, single adulterers are punished by being lashed one hundred times and exiled for one year. Meanwhile, according to the Qanun Jinayat, it does not distinguish between married adulterers and single people and is only sentenced to one hundred lashes. It is recommended that in the Qanun Jinayat, it is also necessary to make a difference in punishment between married offenders and unmarried finger perpetrators.

Penalties for adulterers have been regulated by law in a number of countries with their respective sanctions. One such arrangement is through Aceh Qanun No. 6 of 2014 concerning the Law of Jinayat and the Enactment of the Syariah Law of Selangor No. 9 of 1995 Sex. 25. But the penalties set out in the Aceh Qanun are different from the punishment of adultery perpetrators regulated in Selangor State Sharia Youth Enactments, therefore this study aims to find out what penalties are contained in the Aceh Qanun and the Selangor State Islamic Law, and what lies behind this difference. to get the answer to the problem of punishment for adulterers, the writer uses descriptive-comparative method. This research is categorized as library research. Punishment regulated in Qanun No. 6 of 2014 concerning jinayat law is a lash of 100 (one hundred) times without distinguishing between the muhsan and ghair muhsan, whereas in the Enakmen regulates adultery sanctions on three categories: fines, imprisonment and caning (sebat), this sentence is determined in the religious court (Syar Court 'iyah in Aceh or the Syariah Court in Selangor). The Selangor State Islamic Law Enactment regulates more criminal acts but the provisions of the sanctions are more severe in the Aceh Qanun. This is because in Selangor in the determination of penalties for perpetrators of crimes in Malaysia using Ta'zir's punishment and more looking at the benefits and local wisdom of Selangor State. While the Qanun is based on the punishment of hudud, which hudud is a punishment that has been determined the form and level by Allah SWT. In the author's opinion, punishment that is more in line with the sanctions of adultery is a punishment that is regulated in the Aceh Qanun because according to the provisions set out in the text namely 100 (one hundred) lashes, although it does not distinguish between muhsan adulterers and adulterers Ghair muhsan.

Qanun is a policy of the Aceh government which has special privileges in implementing special autonomy based on Law Number 11 of 2006 concerning Aceh Government which mandates the application of Islamic law to the entire region of Nangroe Aceh Darussalam Province. However, these provisions are very different from the provisions of the criminal law that applies in Indonesia, especially in imposing criminal sanctions in rape cases. This thesis research will examine the comparison of criminal sanctions for perpetrators of the crime of rape according to Qanun Jinayat and Criminal Code No. 1 of 1946, criminal sentences in case decision No. 2/JN/2022/MS-Sat Jo. Decision No. 3/JN/2023/MS. Aceh and Decision no. 3/JN/2019/MS. The SKM is appropriate based on the objectives of punishment, the policy of formulating punishment for perpetrators of the crime of rape based on Qanun Jinayat in the future. The type of research used in this thesis research is doctrial legal research using a statutory approach, conceptual approach and case approach. Results of the research: The criminal sanctions imposed between cases of criminal acts of rape in the Criminal Code and criminal acts of rape in the Qanun Jinayat are very different. What both the Criminal Code and the Aceh Qanun have in common is that they both regulate that rape occurs outside of marriage, then both contain threats to anyone (anyone, everyone) meaning that there are sanctions from both laws. Criminal Imposition in Case Decision No. 2/JN/2022/MS-Sat Jo. Decision No. 3/JN/2023/MS. Aceh and Decision no. 3/JN/2019/MS. Skm is not in accordance with the purpose of punishment. The implementation of caning punishment in increasing public legal awareness is still considered not optimal. It is hoped that the competent institutions, namely the legislative body, in drafting the Aceh Qanun Jinayat, especially the Jarimah for sexual violence, can add a category for Jarimah based on the criteria for victims.

This article examines the withdrawal of change as a donation to the Retail Franchise at Alfamart Kebonsari Petarukan Pemalang. His writing was inspired by the fact that Alfamart's management had difficulty in providing second change, so the policy was to choose change into donations. The problem is how to practice withdrawing money as a donation, how and how to practice withdrawing money from the perspective of Sharia Economic Law. This research uses an approach approach other than that the data sources used are primary and secondary data sources, primary data sources are direct data sources obtained by interview and observation techniques while the primary data sources in this study are sellers, buyers, cashiers. While secondary data sources are obtained from other sources such as books, journal articles, and other information that will be discussed by researchers as supporters. With an approach approach, the results of the study show that: the practice of withdrawing change as a donation at the Retail Franchise at Alfamart Kebonsari Petarukan Pemalang is carried out voluntarily, without coercion from consumers; and the amount generated is very large, because it is distributed to the poor, so withdrawal of change as a contribution in Economic Law is allowed because it is suitable for worship.

This study aims to determine the punishment for various polemics regarding jinayat khalwat in the province of Aceh, especially in the cities of Banda Aceh, Lhoksukon and Langsa. This study uses a normative-empirical method with a statutory approach and a case approach. The data source in this research is the Al-Qur`an; the 1945 Constitution; Law No. 1 of 1946 concerning the Criminal Code; Law No. 8 of 1981 concerning the Criminal Procedure Code; Aceh Qanun No. 6 of 2014 concerning Jinayat Law; and Aceh Qanun No. 7 of 2013 concerning Jinayat Procedural Law. The results of the study show that the background to the regulation on the prohibition of khalwat crimes in Qanun No. 6 of 2014 concerning the Law of Jinayat is to prevent the occurrence of a larger jinayat, namely adultery, both adultery muhsan and ghairu muhsan. The formation of the nomenclature of jinayat khalwat in this Qanun is a form of concern for the Government of Aceh towards “decency” regulations relating to actions that lead to jinayat of adultery. The community fully supports the formation of jinayat khalwat rules that aim for the good and benefit of the ummah even though there is polymic in this finger khalwat arrangement.

This research aims to determine Nurcholish Madjid's political thinking style. This research is library research or library study using a philosophical and historical approach. The data sources used are primary and secondary data sources. Primary data sources in this research are books written directly by Nurcholish Madjid, as well as books that are relevant to the discussion, while secondary data in this research are relevant literature materials that discuss identity politics. The data collection method in this research uses direct quotation and indirect quotation methods. The data analysis technique used in this research is content analysis technique. The research results show that Nurcholish Madjid's political thinking style is characterized by inclusiveness, pluralism and universal Islamic values. Madjid believes that Islamic values ​​should be applied in social life without linking them to religious-based political parties. He also advocates democracy, human rights, and education that emphasizes tolerance and pluralism. Background to the emergence of the jargon "Islam yes, Islamic parties no". This is a concern. He believes that Islamic political parties tend to divide society and are used for short-term political interests by elites. According to Nurcholish Madjid, the relevance of the jargon "Islam Yes, Islamic Party No" to the phenomenon of identity politics in Indonesia is very significant. This jargon teaches the importance of pluralism and inclusiveness in politics, so that it can reduce polarization and sectarianism in society.

This study aims to compare the influence of the beauty of the main character in the novel Cantik Itu Luka by Eka Kurniawan with the main character in the novel Chick Lit Beauty Case by Icha Rahmawati. The method used is a qualitative descriptive method which is required to explain the facts contained in literary works by providing a description. Sources of data used in this study are primary and secondary data sources. Primary data sources are the main sources of research that are processed directly from the source without going through an intermediary. The primary data sources in this study were the texts of the novel Cantik Itu Luka by Eka Kurniawan and Chick Lit Beauty Case by Icha Rahmawati. While secondary data sources are data sources obtained indirectly or through intermediaries but are still based on concept categories, for example through data files, books, scientific works, etc. Books used to help researchers analyze novels are books related to research. The results of this study indicate the influence of the beauty of the main character of the two novels.