Sejarah Hukum Islam Nusantara Abad XIV–XIX M , by Ayang Utriza Yakin

Abstraction
 Aceh is one of the regions in Indonesia that has special autonomy to implement Islamic law. Islamic law in Aceh was officially declared on 1 Muharam 1423 H to coincide with March 15, 2002. The application of Islamic law can be said to have been carried out thoroughly. However, judging from the existing phenomena, it shows that the implementation of Islamic law in Aceh is only limited to symbols that are far from the substance of Islam. In this regard, the author is interested in studying further about the application of Islamic law in Aceh. The method used in this research is literature study. In this study, the authors formulate several problems that will be studied, to produce the following findings: 1) Implementation of Islamic Law in Aceh; 2) Problems in the Implementation of Islamic Law in Aceh; & 3) Community Participation in Enforcing Islamic Law in Aceh.
 Keywords: Optimalization, Islamic Law, Aceh.

The public spotlight through mass media coverage of Islamic law is still happening. Agency France Presse (AFP) is one of the global news agencies whose role is to supply photos to various media around the world, including photos about the implementation of Islamic law in Aceh. In its reporting, AFP tends to perceive the application of Islamic Sharia in Aceh as violating human rights and intolerance of other religions. This research aims to find out how the AFP news agency reports about the implementation of Islamic law in Aceh through the photos they broadcast. This study used a qualitative descriptive method using the Robert N Entman framing analysis theory. The results showed that the content of the photo broadcast by AFP on Islamic law in Aceh defines the problem of caning as one of the implementation of Islamic law as a form of violence that is contrary to the ideology of the international community so that its reporting tends to cause controversy. Likewise in writing its photo captions, AFP emphasizes certain issues by providing repetitions of a problem so that photos related to the application of Islamic law become high news value and are able to attract subscribed overseas media. AFP tends to describe violence and things that give the impression that the application of Islamic law in Aceh violates human rights (HAM). Keywords: Photo Journalism, Islamic Sharia, Mass Media

Reviewed by: Shari'a and Social Engineering: The Implementation of Islamic Law in Contemporary Aceh, Indonesia by R. Michael Feener Michael Buehler1 R. Michael Feener. Shari'a and Social Engineering: The Implementation of Islamic Law in Contemporary Aceh, Indonesia. Oxford: Oxford University Press, 2013. 335 pp. In his most recent book, Michael Feener calls for a fresh perspective on the adoption of Islamic law in Aceh, Indonesia's westernmost province. Such a new analytical focus is necessary, according to Feener, because the existing literature has a tendency to portray the adoption of shari'a laws in Aceh as the result of a national government plan to bring the province under its control and to suppress support for the Free Aceh Movement. However, the adoption of shari'a laws in Aceh is not politically motivated, Feener argues. Rather, it is primarily driven by a distinct history during which Aceh's religious establishment developed an increasingly instrumentalist view of Islamic law, in combination with a local desire to "remake" Aceh in the aftermath of the Boxing Day tsunami that devastated large parts of the province on December 26, 2004. The dynamics behind the adoption of shari'a laws in Aceh are indicative of a broader shift in the legal discourse surrounding Islamic law and show the need for a reinterpretation of why Islamic law is being adopted within the context of modern nation states. Shari'a law in other countries, too, is increasingly seen in an instrumentalist fashion and understood to stand in the service of "future-oriented agendas for social transformations" (p. xi), which aim at "stimulating and channeling social change in desired directions" (p. 3), according to Feener. In Chapter 2, Feener provides a history of shari'a law in Aceh province and shows how Islamic law has become a defining element of Acehnese identity over time. Feener is particularly interested in examining the discourses that occurred within Acehnese society on how to position itself vis-à-vis "Islam." The first part of the chapter shows how, initially, shari'a law was adopted to bolster the legitimacy of rulers and how, over time, justification for shari'a law has shifted to a discourse about the role of the state in managing religious affairs. Feener then shows in the second part of the chapter how this discourse gave birth to a new "da'wa paradigm" in the latter half of the twentieth century that emphasized the use of Islamic law as a tool for social engineering and how this discourse shaped the formation of the legal system in Aceh province. Chapter 3 shows how the education system in the province has formed present-day views on what role Islamic law ought to play in contemporary Aceh. The education system has not only shaped the definition and understanding of what "Islamic values" are, but has also contributed to the organizational structure of the shari'a regime in the province. Concretely, Feener shows that the campus of the State Institute for Islamic Studies (Institut Agama Islam Negeri, IAIN) "has played a primary role in the design, development, leadership, and day-to-day operations of the state institutions responsible for the implementation of Islamic law under the current Shari'a system" (p. 12). [End Page 147] Another institution that has played a pivotal role in the "shari'a-ization" of Aceh province and in shaping the discourse around it is the Ulama Council. Chapter 4 shows how the Ulama Council had been established by the Indonesian national government in an attempt to curb dissent in the region. Later, the government used the council to propagate the state's "development" programs. Today, the Ulama Council occupies a pivotal role in the discourse on what constitutes "acceptable" forms of Islamic belief and practice in the province and is also a key player in the dissemination of "modern Islamic discourses of social transformation" across Aceh (p. 13). In chapter 5, Feener examines Islamic law in Aceh in its concrete manifestations over time. He shows that much of current Islam-influenced legislation is linked to efforts in the 1960s to introduce such laws in the province, including laws on the consumption of alcohol, gambling, and relations between the...

Aceh is the only region in Indonesia granted special rights to implement Islamic law within its territory, as stipulated in Law No. 44 of 1999 regarding the administration of special autonomy in the Aceh Special Region. This uniqueness can be seen as a political solution to the long-standing conflict in Aceh. Several institutions serving as enforcers of Islamic law were established to support the implementation of local regulations on Islamic law, including the Sharia Court, the Sharia Office, and the Wilayatul Hisbah (WH). Additionally, the Aceh regional government collaborates with the police and the prosecutor's office, where they act as investigators, interrogators, and public prosecutors in the implementation of Islamic law. This research examines the implementation of the Qanun Jinayat in Aceh. The research findings indicate that the implementation of Islamic law in Aceh faces several challenges. Firstly, the Wilayatul Hizbah (WH) faces issues related to their authority, as according to Sharia rules, their role is limited to supervision, while investigation falls under the jurisdiction of the police. In practice, the police often disregard Islamic law in Aceh, mainly due to several provisions conflicting with national laws. Consequently, many cases of Sharia violations end with reconciliation processes within the police and do not proceed to court prosecutions. Secondly, the execution process is often lengthy, and in many cases, execution is neglected. The principles of equality before the law and legal certainty have not yet become primary principles in the application of Islamic law in Aceh.

This study aims to determine the concept of the application of Islamic criminal law in Aceh and to analyze it using the perspective of legal hermeneutics. The research method used is a normative legal research method with statutory approaches (Statute Approach) and case approaches (Case Approach). The study shows that enforcing Islamic criminal law in Aceh is in the context of maintaining the five basic human needs, namely the maintenance of religion, soul, mind, lineage, and property. These five basic needs are necessary for humans. This is determined nothing but to maintain the existence of the five basic human needs, or in other words, the punishments are prescribed solely for the benefit of humans. The current implementation of Islamic law in Aceh is still within the corridor of the trilogy of religious harmony, namely inter-religious harmony, internal religious harmony, and inter-religious harmony with the Government. So if viewed through a hermeneutic lens, Islamic criminal law is basically to achieve harmonious and ideal societal conditions. In implementing Islamic criminal law, the role of all parties is needed, one of which plays an important role is the role of the family. The role is the primary milestone for providing education about Islamic law so as not to become a person who violates Islamic law.

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.

Periodization of Islamic criminal politics in Aceh since 2000-2018 is the dynamics of the politics of Islamic criminal law in the Acehnese society in the application of Islamic law in Aceh Province carried out under the principle of lex specialis derogaatlege generalis. Periodization of Islamic criminal politics in Aceh from 2000-2018 with the issuance of Law No. 18 of 2001 concerning Special Autonomy for the Special Province of Aceh as the Province of Nanggroe Aceh Darussalam which was implemented in Qanun Number 11 of 2002 concerning the Implementation of Islamic Sharia in the Aqeedah Islam, Qanun Number 12 of 2003 concerning Khamar and the like, Qanun Number 13 of 2003 concerning Maisir (Gambling), Qanun Number 14 of 2003 concerning Seclusion (Mesum) and Qanun Number 4 of 2004 concerning Management of Zakat. The politics of Islamic criminal law has developments with the Law of the Republic of Indonesia Number 11 of 2006 concerning Aceh Government. The mandate of the Republic of Indonesia Law Number 11 of 2006 concerning the Government of Aceh in the application of Islamic criminal law is implemented through Qanun Number 6 of 2014 concerning Jinayat Law and Qanun Number 7 of 2013 concerning Jinayat Procedure Law which implements' Uqubat Cambuk on the mosque yard and / or open field has been running safely, orderly, unpretentious, effective and efficient. However, the period 20 is December 13, 2013. In this periodization the application of Islamic criminal law in accordance with Qanun Number 6 of 2014 concerning Jinayat Law and Qanun Number 7 of 2013 concerning Jinayat's Procedure Law runs smoothly and effectively. Periodization of 2017 until now, the political dynamics of Islamic criminal deterioration occurred with the issuance of Aceh Governor's Regulation Number 05 of 2018 concerning the Implementation of Jinayat's Laws that moved 'Uqubat Cambuk open space held in the courtyard of the mosque and / or open field. effectively and efficiently moved its location to the community / detention center / detention center.

After the peaceful agreement signed by the Indonesian government with the government of Aceh, special autonomy was granted for Aceh and provided additional space for the two governments to improve the relations. Islamic law was fully effected after the assignment of Law No. 22 of 1999 concerning Regional Autonomy and amended by 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. This research aims at analyzing the history and current existence of Islamic law in Indonesia and its contradiction with human rights. As an effort to enforce Sharia law, the regional government, besides pouring it into regional regulations or what is called Qanun, also forms institutions tasked with ensuring the proper implementation of Islamic Sharia law in Aceh. The research used normative legal research with a statute approach. The data are taken from secondary data. The results found that there were no human rights violations in applying Islamic law in Aceh.

The implementation of the Islamic Law in Aceh received recognition from the Government of Indonesia since 1959 based on the Decree of the Deputy Prime Minister of the Republic of Indonesia No. 1 / Missi / 1959. Since then until the enactment of the BAL in 2006, several aspects of national law have become different in Aceh. This then sparked controversy, especially regarding the position of Non-Muslims and religious freedom. This article tries to explain how the application of Islamic Law in Aceh in relation to the Non-Muslim population and its solution. The study found that the relationship between Muslims and Non-Muslims in Aceh, especially in the social aspects of society, took place harmoniously. The application of Islamic Law in Aceh only applies to Muslims and there is no coercion for Non-Muslims. In this case, according to the author, it also offers the concept of "Conducted by Waliya Dien" in addressing religious plurality in Aceh, and the attitude of making Pancasila as "Kalimatun Sawa’ in the corridors of living in a state.

The application of Islamic law in Langsa City is currently still reaping the pros and cons, until now the application of Islamic law is not going well. Good communication is needed between the government and the people of Aceh to build harmony in the application of Islamic law. This article aims to analyze the communication model built by the Langsa City government for the Urban Muslim Society to socialize the implementation of Islamic law. This paper is generated from empirical research with a qualitative approach, the main data obtained from in-depth interviews with parties directly involved in policy-making and implementing Islamic law in Langsa City. The results of the study show that there are several communication models built by the Langsa City government in the application of Islamic law, including; First, the interpersonal communication model that focuses on a personal approach, so that the message that reaches the community is more concrete and there is no miscommunication; second, the mass communication model that focuses on the pattern of delivering messages through several media such as social media and print media. The use of social media and print media is very useful in disseminating Islamic law, although, on the one hand, the mass communication model carried out by the Langsa City government is not able to reach remote areas that cannot access information technology. The communication model is carried out as a form of government authority in the enforcement of Islamic law in Langsa City because when religion enters the state system, the implementing authority belongs to the government.

This research discusses Generation Z's (Gen-Z's) views on religious tolerance and the application of Islamic law in Indonesia. Also, it explores their perceptions of interreligious social relations in Indonesia, especially in Eat Java Lamongan and Surabaya, opinions about non-Muslim leaders, the Islamic State of the Caliphate, and opinions about the implementation of Islamic law in Indonesia, such as hand cutting and the death penalty. The research method is interesting because it combines quantitative and qualitative methods with a phenomenological approach to understand the complexity of Gen-Z's understanding of this issue. The study began with a quantitative survey to obtain an overview of Gen-Z's tolerant attitudes in Lamongan and Surabaya. After a quantitative survey, in-depth interviews were conducted. The research results show that Gen-Z has a positive attitude towards diversity and tolerance. However, there are still some respondents who doubt or disagree, especially regarding the acceptance of non-Muslim leaders and the application of Islamic law. This research concludes the importance of inclusive education in building tolerance and supporting harmonious social relations in a multicultural society. The majority of Gen-Z are open-minded and make friends with non-Muslims because they are accustomed to interacting with friends of different religions. There is a balanced comparison between Gen-Z, who reject the implementation of Islamic law and all its instruments because they consider this a pluralistic country, and it is impossible to impose regulations or laws on one religion. Meanwhile, Gen-Z accepted it because they felt disappointed with many crimes, so they thought one solution was to apply Islamic law.

Westernization is a cause for the phenomenon of violations of Islamic law in Aceh. These various forms of foreign culture have entered into people's lives. Foreign culture that entered so quickly accepted and adopted in his life. Even though Aceh is one of the areas with the largest Muslim majority population in Indonesia and has the rules contained in the Qanun regarding the implementation of Islamic law. The purpose of this study is to answer how the implementation of Islamic law in Aceh and the extent of the impact that occurs due to westernization in the midst of the implementation of Islamic law in Aceh. The research method that the author uses is using qualitative research methods. The results of the research are that westernization in Aceh is dominant to the negative side and is contrary to the teachings of Islam and Islamic law (Qanun). In people's lives, violations such as how to dress that is not in accordance with the Shari'a, promiscuity, being alone with the opposite sex who is not a mahram, content on social media but not dressing according to religious advice and so on have become commonplace and are no longer taboo in society.

INTRODUCTION:Culture that developed in Acehnese society is rooted in the teachings of Islam embraced by the whole population of Aceh. First Islamic values were practiced and became customary tradition in the community, which is passed down from generation to generation through education in the family, in places recitation and Islamic boarding schools, and in society, in order to educate the Muslim personal morality. However, because of the influence of modernization, it now has been a shift in community values. These values are no longer living in the community and is not an important part in educational activities (Sulaiman, D 2005, dan Cut Morina, 2013). Disclosure of Aceh today, lead the people of Aceh suffered exposure to a variety of foreign cultures. Meanwhile, the condition of the natural environment in Aceh after the earthquake and tsunami, is very worrying and diamcam with disease outbreaks. Clean water sources used by the people already polluted sulfur and arsenic from the earthquake and tsunami that. The need for clean water with good quality into something that is expensive for the people of Aceh at the time because of all the water sources become severely damaged. Although in most areas people can still rely on well water, but the distribution of water to people's homes is not smooth due to limited transportation.In the implementation of Islamic law as well as in effort to stabilize and develop the Islamic education system being developed in Nanggroe Aceh Darussalam (NAD), the Islamic culture and tradition should be revived in Aceh. For that, the government has compiled Qanun NAD Education in the province which confirms that the NAD Provincial Education is education which is based on Al -Quran and al-Hadith, the state philosophy of Pancasila, the 1945 Constitution, and the culture in Aceh.Responding Qanun Education in the province of Nanggroe Aceh above, issued policies in education, one of which policies on curriculum development relevant to active learning, creative, effective, and fun and tailored to local needs, particularly in relation to the implementation of Islamic law. According to Cut Morina (2014) explains that one of the most important aspects of the implementation of the Aceh specialty bersendikan Islamic law is the education system that is capable of supporting the ideals gave birth to the human resources of superior quality and competitive in both quality of faith and piety as well as the quality of science and technology. However, Rusdi Sufi (2010) and Ibrahim (2015) explains that the Islamic atmosphere in the implementation of the education system in Aceh has not revealed a strong impression so it is not seen a significant difference between before and after the application of Islamic law. Many things seem not to support the structuring of the system, among other teaching materials are not well ordered and competency -based curriculum Aceh unfinished version (McNeil, J.D. 2000).Along with that, the character of curricula (Curriculum 13) stressed that one of the principles is the actual syllabus development and contextual. In addition, the learning is done emphasis on the characteristics, needs, and serving area. Learning is one of them is learning refers to the integrative curriculum, which is a curriculum that was developed to support the implementation of the curriculum of character and is in accordance with the interests of students. Integrative Curriculum implementation is done through the development and implementation of learning that integrates the values of water management and sanitation, local knowledge and cultural diversity Aceh (Ibrahim, 2014 and Bloom, B.S. & Eddy, M. 1981).The main target of this research is to implement the thematic curriculum integrative learning in primary schools is a learning activity can be done as follows.(a) Developing an integrative curriculum on science for science teaching and learning process with a scientific teaching materials and technology will. …

Religious codes possess social control effects that can potentially change the behaviour of their adherents towards becoming pro-environment. In the case of Islam, Muslim-majority states since the time of the Prophet Muhammad have implemented Islamic environmental law to this effect. Unfortunately, accounts of its implementation today in the legal literature are scant, thereby requiring fresh insights that consider changes in the application of Islamic law in modern states. Generally, this article observes that the implementation of Islamic environmental law today takes two forms: first, implementation through constitutions; and, second, implementation through non-binding religio-legal instruments. Focusing on the second form, application in Singapore, Malaysia, and Indonesia is analysed and evaluated. In these three Southeast Asian states non-binding religious rulings (fatwa) and mosque sermons (khutbah) have been used to implement Islamic environmental law. There are two key factors which contribute to ensuring that these non-binding instruments achieve their social control objectives: first, local legal and political contexts shaped by religion-state relations that help their implementation and legitimation; and, second, the pursuit of post-fatwa/khutbah follow-up action by religious authorities to put Islamic environmental law into actual practice.

This research is a case study on the thoughts of Sheikh Yusuf al-Makasari. This study aims to analyze the thoughts of Sheikh Yusuf al-Makasari about the application of Islamic law and its application through the judicial institutions of the Dutch East Indies colonial period. This study uses qualitative methods which include library research studies, namely reviewing literature related to Sheikh Yusuf and studies relevant to Sheikh Yusuf. The results of this study are that Sheikh Yusuf's accommodationist attitude vis-a-vis the Netherlands is solely in order to prevent political disturbances and disturbances that harm society and maintain the continuity of Islamic law as desired in the political understanding of the Ahl al-Sunnah wa al-Jama'ah; In his efforts to implement Islamic law effectively in the archipelago, this Betawi cleric has also succeeded in compiling Islamic family law materials (marriage, divorce, and inheritance).