Aceh Government Research Articles

"The Increasing Number of Waria in Banda Aceh: Between Social Challenges and Law Enforcement"

One of the things that is currently rife is the case of liwath or male to male intercourse with the willingness of both parties carried out by waria (female-male) or with a normal male appearance. In general, waria have no space in the religious and social spheres of society, because it goes back to the definition of waria itself which is in the middle between women and men. The region known as "serambi mekkah" has a special legal authority that is binding, namely Islamic law or called qanun. Qanun itself is still used today, one of which is Aceh Qanun Number. 6 of 2014 which regulates the jinayat law, jinayat is enforced to punish the perpetrators of khalwat, ikhtilath, and other adultery things that violate Islamic law. The purpose of this study is to examine whether there are legal facilities given to Aceh to implement legal actions and how the enforcement to date by the assigned parties. This research is a field research with qualitative method with empirical juridical approach. The result of this research is that the applicable legal position has been implemented as it should be and the winner of the transvestite contest who carries the name of Aceh is not domiciled in Aceh, while Qanun law applies where a person is located, so the Aceh government cannot give a warning or counselling as long as the transvestite is not in the Aceh area. Although there is a regulation of uqubat cambuk that may be applied to transvestites, the punishment can only be carried out if there is something that is violated, but if the transvestite is just living like an ordinary citizen, he cannot be subjected to this punishment because transvestites are a social disorder/disease, not something that violates positive legal rules, even though it is against Islamic law and occupies an area that applies Islamic law, but the right to live as an Indonesian citizen is still protected by Human Rights.

LEGAL CERTAINTY OF LAND GRANTS OF EX-USE RIGHTS ACCORDING TO LAW NUMBER 5 OF 1960 AND THE THEORY OF MILK AL-DAULAH

This study examines the legal uncertainty regarding the management of land previously under the Right to Cultivate (HGU) granted to PT Cemerlang Abadi in Babahrot District, Aceh, which presents a significant issue. Although the land has been utilised by around a thousand households for agricultural purposes, the government has not provided official certificates as legal proof of ownership. The slow administrative process and land redistribution by the Aceh government and the Southwest Aceh District Government contradict the principle of legal certainty as stipulated in Law No. 5 of 1960 on Basic Agrarian Regulations (UUPA). From an Islamic legal perspective, the land in question is a public asset that must be managed for the welfare of the people. This uncertainty poses potential social, economic, and legal risks, including future disputes. Therefore, concrete steps are needed, such as expediting data collection, issuing certificates, and providing legal education to the public. Addressing this issue would reflect social justice and the government's commitment to implementing fair and sustainable agrarian principles.

Penerapan Qanun Jinayat di Aceh

The application of fiqih jinayah in Aceh is the implementation of Islamic criminal law regulated in Qanun Jinayat as part of the implementation of Islamic law in the region. This is based on the special authority granted by Law Number 11/2006 on the Government of Aceh. Qanun Jinayat includes various criminal provisions such as hudud, qisas, and ta'zir that regulate certain offenses, including zina, gambling, alcohol consumption, and khalwat. Punishments include flogging, fines, and imprisonment. However, the implementation of fiqh jinayah in Aceh faces various challenges, such as resistance from certain groups, limited public understanding, and issues of compatibility with human rights principles. On the other hand, this implementation is considered successful in reducing the level of certain crimes and strengthening the Islamic identity of the people of Aceh. Thus, fiqih jinayah in Aceh is an example of how Islamic law can be integrated into the national legal system, although it requires evaluation and adaptation to ensure its implementation is fair, transparent, and in accordance with the social context of the community.

The Involvement of the Gampong Government in Aceh in Recruiting Local Workers to Prevent Violent Community Conflicts in the Corporate Environment

In Indonesia, the presence of foreign workers (TKA) has increased rapidly, reaching 110,833 people in 2022, a jump of 25.6% compared to the previous year. Although the contribution of foreign workers in development and investment is undeniable, conflicts often arise between foreign workers and local workers. Dissatisfaction with transparency and fairness in the process of accepting local workers, involving the Gampong government, has led to social tensions. Social jealousy, in which local communities feel marginalized, is often a trigger for conflict. This study aims to understand the form of conflict resolution carried out by the Gampong government on the policy of accepting local workers in the Company's environmental villages and the steps taken by the Gampong government to align the policy of accepting local workers with the needs and aspirations of the people of the company's environmental villages. Perspective of conflict resolution theory. Data collection is carried out through Live in, observation, in-depth interviews and the use of documents. The data analysis process is carried out interactively through stages; data collection, data verification, data patterns, data coding, data thematic networks, meaning and drawing conclusions. The conflict related to the policy of accepting local workers in Dewantara District is caused by the community's dissatisfaction with the company's policies. The solution involves an inclusive approach and dialogue between the company, government, and community. Steps such as mapping labor needs, training, and collaboration between sectors are crucial to improving the quality of the local workforce.

IMPLEMENTASI ZAKAT SEBAGAI PENGURANG PAJAK DI NANGROE ACEH DARUSSALAM, INDONESIA

This study aims to analyze the implementation of zakat as a deduction for income tax payable on tax revenue in Aceh in the context of Individual and Corporate Taxpayers, Comparing the application of zakat as a tax deduction in other countries and the Aceh government and identifying the role of Amil Zakat Institutions and the Directorate General of Taxes that are harmonious in managing zakat in Aceh. The research method uses a qualitative method with literature study, this research is conducted by analyzing various documents, books, journals, scientific articles, laws and regulations, relevant reports and other supporting sources by collecting various complete references. The results showed that (1) There are several problems between the application of tax deductible zakat in Aceh between Individual and Corporate Taxpayers (2) Comparison between countries and Aceh in the implementation of zakat as a deduction for payable income tax can be a pilot for the national scale and (3) There needs to be a seriousness of the government represented by the DGT and BAZNAS from the zakat organizer side to create an integrated system that makes it easier for taxpayers to pay zakat and updated real time in the tax return.

LEGALITY OF TRADITIONAL OIL MINING EXPLORATION IN RANTO PEUREULAK, EAST ACEH

This article aims to examine the legality of oil mining resulting from traditional mining exploitation by the Ranto Pereulak community, East Aceh. This research uses descriptive qualitative research methods and the approach used in this research is a sociological normative approach. This research was located in Ranto Peureulak District, which is one of the sub-districts in East Aceh Regency. The results of this research show that the East Aceh Government through Qanun Number 6 of 2009 provides space for the community to manage mining products, in this case oil, by obtaining an IUP issued by the East Aceh government and going through all the conditions therein. The IUP is granted by the Regent after obtaining principle permission or approval from the Governor through the relevant provincial and district level agencies. However, in practice, many people in Ranto Peureulak District, East Aceh Regency, in managing illegal wells traditionally do not follow the applicable SOPs or regulations. Then the oil drilling carried out can endanger the health of workers and the surrounding community. This can also have an impact on the environment, because it does not pay attention to health standards or Health Safety and Environment or abbreviated as (HSE), which is the main priority for mining. In terms of safety too, it often catches fire and causes casualties, both workers and residents. Because drilling oil and gas wells is a very complex process and at each step procedures, requirements and important decisions are required that must be considered and implemented very carefully.

Implementation outcomes of disaster risk reduction (DRR) policy in public facilities (PFs): Aceh perspective, Indonesia

PurposeAceh province has established various infrastructure and regulations related to disaster risk and management after the Indian Ocean Tsunami (IOT) hit the province. Hence, this study investigates the implementation of Disaster Risk Reduction (DRR) in Public Facilities (PFs) in Banda Aceh municipality using implementation outcome variables (acceptability, adoption, appropriateness, feasibility, compliance, implementation cost, coverage and sustainability).Design/methodology/approachQualitative methods, including in-depth interviews and document reviews, were applied to collect data for this study. The data were then analysed thematically using NVivo 12 software.FindingsThe lack of public communication regarding DRR in PFs to all involved stakeholders resulted in poor acceptability, adoption, coverage and compliance with the policy implementation among public facilities’ chiefs, owners or managers. Additionally, they were reluctant to implement DRR plans and activities within their facilities due to limited DRR funds.Practical implicationsThis study’s results can contribute to reviewing the policy and practices of Aceh government authorities and other involved stakeholders to improve policy implementation of DRR activities comprehensively across eight groups of public facilities in Banda municipality, other districts in Aceh province, and local areas in Indonesia. Further, the methods used in this study to assess DRR regulations’ progress towards the eight implementation outcome variables can be applied widely to other settings.Originality/valueNo research was found on examining the policy implementation of DRR in PFs in Aceh province, which motivated the author to conduct this work.

Pre-Trial Analysis of Wilayatul Hisbah Authority in Qanun Criminal Jurisdiction: A Study in Banda Aceh Syar'iyyah Court

Pretrial is a request submitted by a suspect, in the event that the actions carried out by law enforcement officials are contrary to the law, both in the investigation and prosecution process or in other words the coercive efforts carried out by investigators are contradictory. with the jinayat procedural law and the Criminal Procedure Code, because it is related to human rights. Pretrial is the authority of the district court to examine and decide whether or not an arrest and/or detention is legal, stop the investigation or stop the prosecution. This research aims to determine the authority of wilayatul hisbah in handling criminal acts by qanun in relation to the criminal justice system in Indonesia (Integrated Criminal Justice System). research through literature studies, but interviews with several informants who are considered to understand cases that occur during the implementation/enforcement of qanuns to the community are still needed. Often there is overlap in the resolution of handling qanun cases between the police and wilayatul hisbah in the same case, resulting in unclear handling of the case. Qanun is part of the Indonesian legal system which only applies in Aceh. The Aceh government can implement and implement Islamic law in social life because it is supported by a dynamic society, however in resolving criminal cases the Qanun experiences many obstacles and is not resolved properly so systemic improvements are needed, because it can enforce effective law. implemented if the 5 (five) Legal Pillars are running well, namely: Legal instruments or law enforcement officers, community members, legal regulations, cultural factors or legal culture, facilities and infrastructure that can support the good implementation of Qanun.

Fall Risk Management by Nurses in the Inpatient Wards of Aceh Government Regional General Hospital, Indonesia

A patient fall is an incident that commonly occurs with or without injury. Not only does it potentially cause injury, but these incidents can also prolong the length of stay and increase the treatment cost. Nurses play an essential role in assessing and preventing the risk of falls in patients through appropriate education and preventive measures by Standard Operating Procedures (SOP). Effective implementation of SOPs can reduce the frequency and impact of fall incidents and improve the safety and quality of patient care. This case study aimed to expound on fall risk management in the Aceh Government Regional General Hospital wards. A quantitative case study type with a cross-sectional study was designed. The sample consisted of 28 nurses, and the data collection tool used an observation sheet to examine the implementation of fall risk management following the hospital SOP. Data analysis used descriptive statistical tests; the data was then presented as a frequency distribution table. The results show that 67.9% of nurses implemented fall risk management, and 32.1% did not implement it. It was essential to increase nurses’ compliance with the SOP for managing fall risk by monitoring and evaluating periodically and in stages by the first-line manager in the Aceh Government Regional General Hospital wards. It is also recommended that nurses routinely assess the risk of falling in patients, educate patients and their families about it, and participate in ongoing training to improve patient safety in hospitals to achieve better quality healthcare.

Qanun and House of Worship Conflict: The Irony of the Aceh Government in Aceh Singkil

Qanun and House of Worship Conflict: The Irony of the Aceh Government in Aceh Singkil

Zakat Calculation Model as a Reduction Factor for Income Tax Based on Law Number 11 of 2006 concerning the Government of Aceh

The purpose of this study is to examine the implementation of the provisions of Law Number 11 of 2006, especially Article 192 which regulates Zakat as a deduction from income tax. In this study, the researcher examines the extent to which this rule is applied in practice and attempts to evaluate the most effective zakat calculation model as a deduction from income tax. This study uses qualitative methods through interviews, observations, and documentation regarding Zakat as a deduction from tax. The research findings indicate that the implementation of the provision of zakat as a deduction from tax as regulated in Article 192 of Law Number 11 of 2006 has not been optimal in Aceh, especially in Lhokseumawe City. Although this law provides a strong legal basis, the practice in this field still refers to Law Number 23 of 2011 concerning Zakat Management. The implementation of Law Number 23 of 2011 in Lhokseumawe only focuses on the administration and distribution of zakat without providing clear guidelines in integrating zakat into the taxation system, thus inhibiting the use of zakat as a tax reduction tool.

Implementation of Five Moments of Hand Hygiene in the Inpatient Wards of Aceh Government General Hospital

Implementation of Five Moments of Hand Hygiene in the Inpatient Wards of Aceh Government General Hospital

Aceh Government Accountability: Implementation of Open Access Data Aceh to Realize Public Transparency a Review of Disclosure Theory

Aceh Government Accountability: Implementation of Open Access Data Aceh to Realize Public Transparency a Review of Disclosure Theory

Does Gross Regional Domestic Product Fully Mediate Poverty Reduction? An Inter-District Analysis in Aceh Province

Over the last two decades, Aceh Province has been one of the provinces with a high poverty level that will reduce people's welfare. This study investigates the impact of fiscal level, human capital, and Zakat on poverty in Aceh Province, considering the mediating role of Gross Regional Domestic Product (GRDP). Using panel data regression analysis and path analysis, this study examined data from 23 districts/cities in Aceh from 2010 to 2022. Four models were developed to explore the relationships between variables. The results showed that fiscal level positively affected poverty, whereas human capital and Zakat had negative effects. The fiscal level negatively influences GRDP, whereas human capital and Zakat positively impact it. GRDP demonstrated a significant negative effect on poverty. When all variables were considered together, fiscal level positively affected poverty, while human capital, Zakat, and GRDP showed negative effects. Mediation analysis revealed that GRDP partially mediated the relationship between fiscal level and poverty, with fiscal level negatively affecting GRDP but positively influencing poverty. GRDP also partially mediates the effects of fiscal level, human capital, and Zakat on poverty. These findings suggest that the Aceh Government should focus on effectively managing central government transfer funds and regional revenues to improve public welfare and reduce poverty. This study highlights the complex interplay between fiscal policies, human capital development, zakat distribution, and economic growth in addressing poverty in the Aceh Province. Further research and policy interventions should consider these relationships to develop more effective strategies for poverty reduction in this region.

The Effect of Aceh Government Spending Policy on Inclusive Growth: Income per Capita as a Mediating Variable

In 2021, inclusive growth in Aceh Province, Indonesia, as measured by the Inclusive Economic Development Index (IPEI), declined compared to the ranking achieved in 2011. Government intervention through spending policy faces new challenges, particularly due to a decrease in the allocation of the special autonomy fund (OTSUS) in 2022, which is set to fully end in 2027. This study aims to analyze the effect of local expenditure policies implemented by the Aceh government, using per capita income as a mediating variable. The analysis was conducted using the Random Effects Model (REM) and panel data from 23 districts/cities from 2011 to 2021. The results show that capital expenditure and social assistance expenditure negatively impact inclusive growth, whereas grant expenditure and per capita income have a positive effect. Additionally, the findings indicate that per capita income mediates the impact of capital expenditure on inclusive growth but does not mediate the effects of grant expenditure or social assistance on inclusive growth. Therefore, it is necessary to improve governance, budgeting policies, and regional expenditures in a more sustainable and targeted manner to promote inclusive growth and achieve more equitable welfare for all people in Aceh Province.

Analysis of Potential, Impact and Design of a Sustainable Ecotourism Management System Using an Industrial Engineering Approach in The Kuala Bubon Mangrove Forest, West Aceh

The discourse of the West Aceh government and the Ministry of Tourism and Creative Economy, which aims to develop the Kuala Bubon West Aceh mangrove forest area into an ecotourism site to boost the community's economy, has drawn attention from many parties. This is due to the rich biodiversity present in the mangrove forest. Pre-ecotourism studies need to be conducted to ensure that the use of this forest can be managed properly, including studying potential tourist attractions, analyzing negative impacts, and engineering a sustainable ecotourism management industry. This involves using an industrial engineering approach, which offers an optimal framework for achieving these goals. The research was conducted in the Kuala Bubon mangrove forest, West Aceh, in July 2024. Survey techniques and direct observation were used to gather data on the ecotourism potential in the Kuala Bubon mangrove forest. This potential data will be mapped using Quantum GIS and then analyzed to assess the potential and impact of environmental damage as part of ecotourism and the ecosystem. The impact of the damage will then be addressed with alternative industrial engineering solutions, creating an effective management design using AutoCAD. The research results identified five ecotourism attraction points: sunset observation ecotourism, flora & fauna exploration, fishing, duck games, and shellfish searching. Based on this potential, a negative impact analysis and industrial engineering of the ecotourism area will be conducted, focusing on three aspects: infrastructure, waste management, and the utilization of renewable energy.Type your abstract here.

ASAS PENGAYOMAN DALAM SISTEM JAMINAN PRODUK HALAL DI KABUPATEN ACEH BARAT

Aceh Qanun No. 8/2016 on Halal Product Guarantee System is based on the principle of protection. The principle of protection is a function of the Government of Aceh to protect the lives of all people, not only Muslims, but all other religious communities. In this case, the Government of Aceh tries to provide a guarantee of legal certainty for products consumed by the community. Based on the data found, there are 94 MSMEs in West Aceh Regency, but only 30 MSMEs have halal certificates. Based on this, there are two problems, namely the implementation of the principle of protection in the halal product guarantee system and how the form of Local Government supervision of the halal product guarantee system in West Aceh Regency. The research method used is empirical juridical which produces descriptive data regarding the Principle of Protection in the Halal Product Guarantee System in West Aceh Regency. The result of the research found that the implementation of the principle of penayoman by the Government of Aceh to provide legal certainty guarantees for products consumed by the public has not been maximized. This can be seen from the number of Micro, Small and Medium Enterprises that do not have halal certificates that are still many. The application of the principle of protection that has not been maximised is also influenced by the supervision system that has not been maximised either. Supervision involves several institutions in the West Aceh District Government such as the Ministry of Religion and the Health Office. The main obstacle that occurs is the lack of funds allocated for this limited supervision so the supervision of halal products for Micro, Small and Medium Enterprises in West Aceh is not optimal

Efforts and Obstacles of the Banda Aceh Government in the Development of Child-Friendly City Policies

The City of Banda Aceh, the capital of Aceh Province, has been committed to developing a Child-Friendly City Policy since 2013. However, to date, the City of Banda Aceh has still not achieved Child-Friendly City status, as evidenced by the absence of an increase in ranking in 2023 compared to the previous year. This city continued to maintain its Nindya level by the assessment in 2022. This research aims to identify efforts and inhibiting factors in developing Child-Friendly City policies, especially in the institutional cluster aspect. Using Institutional Development Theory by Milton J. Esman (1967), this research applies qualitative methods. Research findings show that Banda Aceh has not achieved Child-Friendly City status because the institutional indicators of a Child-Friendly City are not yet optimal, resulting in the fulfillment of children’s rights not being implemented comprehensively. The obstacles that cause Banda Aceh not to achieve this status involve limited budget resources, the absence of a Regional Action Plan, a lack of understanding of human resources regarding policies, minimal involvement from the business world, and the impact of the COVID-19 pandemic. Suggestions include: (i) Evaluate budget resource allocation for KLA, (ii) Immediately develop RAD-KAL as a guide for program implementation, (iii) Increase understanding of human resources through training, (iv) Encourage formal collaboration with the business world, (v) Designing an adaptive strategy for the disruptive impact of the pandemic for KLA. Keywords: Banda Aceh; Child- Friendly City; Public Policy.

The Implementation of Caning Law in Aceh Province, Indonesia: An Overview of The Human Rights Perspectives

Initially, caning in Aceh was conducted openly in public areas, including the courtyard of the mosque. However, this approach provoked both positive and negative reactions. Many viewed public caning as a form of torture and raised concerns about its potential negative impact on children who witnessed the punishment. Subsequently, the Aceh government introduced Governor's Regulation No. 5/2018, which mandated the implementation of caning punishment within correctional institutions. Despite this move, the implementation of caning punishment, whether in public or correctional institutions, continues to be criticized as a violation of human rights. However, the Rome Statute of 1998 and Law No. 5 of 1998 on the Ratification of the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment stipulate that legally imposed punishments, including caning, do not constitute torture as long as they are in accordance with existing legislation.

The spirit of Islamic economics versus loan sharks: investigating intentions to use loan sharks in Aceh, Indonesia

PurposeThis study aims to determine whether the relationship between the Muslim community and moneylenders is important even though the practice of moneylenders is clearly forbidden in Islam. This study examines a model consisting of two major theories, namely, the theory of planned behavior (TPB) and marketing theory, and the existence of the religiosity variable as a moderator.Design/methodology/approachThis study uses a structural equation modeling (SEM); SEM was chosen because it has effectiveness in revealing estimates of direct and indirect effects and shows moderating values. Manual questionnaires were distributed to 385 Acehnese who use loan shark services.FindingsThe combination of TPB and marketing theory constructs has a significant influence on the intention to use loan shark services. Then, the existence of the word-of-mouth variable significantly mediates the relationship between service and subjective norms and the intention to use loan shark services. In fact, the position of the religiosity variable has a significant negative effect on the intention to use loan shark services, and in terms of the moderating effect, it has been demonstrated that religiosity weakens the relationships between the services provided by loan sharks and the intention to use loan shark services.Research limitations/implicationsThis study has several limitations. First, sampling is still limited and can still be expanded. Second, it is difficult to get data and there are people who refuse to be sampled. Third, this study succeeded in capturing the phenomenon of the behavioral intentions of people who have a religious spirit but are still associated with moneylenders.Practical implicationsThis research provides material implications for the Aceh Government, especially in managing public funds. Indeed, Aceh is a productive province that has produced policies and regulations that encourage the Sharia economy; it is just that the use of social funds and Islamic philanthropy in Aceh has not been maximized, which has led to the growth of a network of moneylenders. Because of this, Aceh, which has been successful in producing the law for Islamic financial institutions, should also be successful in destroying the moneylender network by synergizing to create alternatives and financial solutions for the community, especially the lower and middle classes.Social implicationsThis research explains that the level of religiosity can dampen and reduce the intention to use loan shark services; therefore, it is important for the community to understand the dangerous impact of using loan shark services and expand the role of community leaders in socializing the idea of lending money to loan sharks.Originality/valueDue to the lack of studies on the behavior of Muslims using the services of moneylenders, therefore, this study provides new knowledge of the literature on the economic behavior of Muslim communities who continue to use the services of moneylenders. This study develops TPB theory and marketing theory in one model and involves the religiosity variable as a moderator.