Abstract
<p>This article investigated the corporal punishment through judicial caning in Aceh, Indonesia. The judicial caning is conducted publicly and easily watched by the crowd, including children. This article aimed to search the facts that occurred during the implementation of judicial canning in Aceh. This study employed a qualitative method, with the interview as the main instrument and also used the black-letter law as a supporting approach. The research finding showed that public caning does not guarantee a deterrent effect on the defendants. In some cases, such as gambling and drinking, some of them will potentially repeat the same cases the following years, because the law concerning gambling and drinking does not accommodate rehabilitation mechanism. Furthermore, children attending the canning process will likely imitate the process in their future life. This research has a clear novelty as publication related to judicial caning is still limited in research and articles regarding the Indonesian legal system.</p>
Highlights
This article has a significant impact on developing public law in Indonesia, Islamic criminal law
It is based on the findings of research that has been conducted in the Province of Aceh, Indonesia, post the amendment of Qanun Acara Jinayat (Islamic criminal bylaw procedure) since 2013
To apply the comparative approach to this study, the author considered previous research results related to this topic, for instance, research on caning as law enforcement conducted by (Farrell, 2018; Kaur & Yuan, 2017). He explained judicial caning that is legally enforced in Malaysia, Singapore, Brunei Darussalam, and Aceh-Indonesia
Summary
This article has a significant impact on developing public law in Indonesia, Islamic criminal law It is based on the findings of research that has been conducted in the Province of Aceh, Indonesia, post the amendment of Qanun Acara Jinayat (Islamic criminal bylaw procedure) since 2013. To apply the comparative approach to this study, the author considered previous research results related to this topic, for instance, research on caning as law enforcement conducted by (Farrell, 2018; Kaur & Yuan, 2017). He explained judicial caning that is legally enforced in Malaysia, Singapore, Brunei Darussalam, and Aceh-Indonesia.
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