Implementation Of Sharia In Aceh Research Articles

Sharia and Islamic state in Indonesia constitutional democracy: an Aceh experience

A question arises in the implementation of Sharia in Aceh: Is Sharia compatible with democracy as a political system in Indonesia? And with a comprehensive Sharia implementation, will it threaten the existence of the Indonesian state? This paper discussed Sharia's expansion, potentially leading to the establishment of the Islamic state of Aceh. This study was conducted using qualitative research. Primary data were taken from interviews with academics, journalists, non-governmental organization activists, youths, and focused group discussions with the leaders of the Islamic Sharia Office in Aceh Province. Meanwhile, the secondary data were gathered from historical documents, legislation, and Qanun in Aceh. The collected data were analyzed using the legal history theory of Pound (1923) and the Islamic democratic state theory of Hayes (2014). This research found the gradual implementation of Sharia in Aceh within the Indonesian democratic system. These constitutional ways were chosen to avoid the conflict between the Sharia and national legal and political systems. This, then, has led to the legalization of Sharia in the local and national political contestation. In the next phase, with the increasingly widespread Sharia rules and regulations on worship, criminal law, and economic law, Aceh can be called a small prototype of an Islamic state. With the significant historical, political, and social power, the roadmap of Sharia implementation in Aceh indicates a clear direction for the reflection of God's sovereignty as the foundation of the Islamic democratic state, even if it is in the local context.

Muslim Youth Under Sharia Regime in Aceh: From Accommodation to Resistance

In the context of shari’a implementation in Aceh, there has been resistance among young people wanting freedom and openness in public space with its modernity values. This study aims at investigating the responses of Aceh’s young people to the implementation of Sharia in Aceh and how it implies for the Sharia law enforcement in the region. This is a socio-legal research relying on interviews and focused-group discussions as data collection methods. Respondents consist of young people aged 20-25. This research finds out that there has been a normalization of sharia in the Acehnese society with young people tending to accept sharia in Islamic tenets, propagation, attires, economic system, and penal system. Those who were born after or a while before sharia was implemented for the first time tend to get used to the sharia and consider it a part of their normal life. Their responses vary, from accommodation, adaptation, compromise to resistance. The resistance leads to the agency and creating a counterspace as their comfort zone to express creativity. In turn, this religiosity model contributes to sharia's moderatization in Aceh. Therefore, there is a need for the Aceh local government to maintain and develop spaces for young people to express creativity while maintaining sharia as a part of their lives.

Mediated Representation of Sharia in Aceh: A Hybrid Approach to Media Frames

Aceh is the only province in Indonesia with an exceptional degree of autonomy to implement Sharia. This paper explores how Serambi Indonesia—the leading Acehnese local newspaper—framed the implementation of Sharia in the region. This study employed content analysis of the Sharia coverage in Aceh from 2012 to 2020 using a hybrid approach, combining issue-specific and generic frames. The results revealed the four identified frames: Sharia codification, deviance from Sharia, desirable Sharia enforcement, and Islamic morality. among those frames, the deviance from Sharia was much preferred. The frame prominence was more prevalent after Qanun Jinayat (Islamic Criminal Bylaw) took into effect in Aceh. It was also given more prominence on the front page than on other pages. However, other frames made up 60% of the articles, implying that the Acehnese local newspaper positively represented the implementation of Sharia in Aceh while highlighting Sharia problems surrounding its enforcement. These findings exemplify the use of a hybrid approach to better examine the media frames, support the effect of critical events on changes in the media frames, and confirm the different prominence of the frame based on the page placement.

From the Public Space to the Prison Space: Regulation Polemic and the Implementation of Caning Law in Aceh

The implementation of caning law in Aceh Province is still sporadic due to a lack of coordination among the government institutions involved in caning law. Then, the prison infrastructure to impose the canning law is also not ade-quate, and socialization has also not been fully carried out. Besides, in deter-mining the location of the caning, Islamic law requires the fulfillment of two principles namely “open space” and “visible” to the public. Furthermore, the law that guides the implementation of sharia in Aceh does not regulate detail of where the caning can be executed. Hence, the issues that need to be scruti-nized in this study are about shifting the norm from “open space" to “prison space” and why there is a disparity in determining the place of caning sentenc-es. This study uses a normative legal method by relying on secondary data. All collected data were analyzed by using qualitative analysis. The results show that there has been a shifting norm from "open space" to “prison space” in the application of the caning sentences in Aceh. This shift starts from the open area in the courtyard of the mosque to the prison area as a place to execute a caning sentence. This shifting also allows the people who meet certain criteria to wit-ness the execution of a caning sentence. In addition, there is also a disparity among the sharia courts due to the lack of facilities available in certain the sha-ria courts in Aceh. Hence, the Aceh government needs to improve the facilities of the sharia courts to be able to execute caning sentences.

The Position of the Qanun Jinayat as a Forum for the Implementation of Sharia in Aceh in the Indonesian Constitution

The purpose of this paper is to describe the position of the Qanun Jinayat as a forum for the implementation of Sharia in Aceh within the framework of the Indonesian constitution. It is considered essential because the implementation of Sharia is conducted based on the UUPA (Law on Governing of Aceh). However, its implementation is often misunderstood, causing the implementation of Sharia to face many challenges from various parties, including the government's official institutions. This article is written to answer the main problem: the alignment of regulations, qanuns, with other laws and regulations. This study is normative legal research using a legal history approach. The analytical tools used are the theory of leveling norms and asymmetric decentralization. The study results show that the Sharia qanuns in Aceh, especially the Qanun Jinayat, have a different position from the regional regulations in other provinces in Indonesia. The difference lies in the special right of the Government of Aceh as a region with asymmetrical decentralization to make its regulations which at a certain level are permitted to be inconsistent with the laws on higher hierarchy. However, it must still align with the basic norms as the primary reference. The existence of special rights for Aceh is considered natural because of its long history, mainly when it is associated with the development of criminal law in Indonesia, which until now still uses the KUHP inherited from the Dutch East Indies. This specificity is a legal order regarding autonomous or special regions.

Islam and National Law: A Formal Legal Review on Sharia Laws in Aceh

The implementation of sharia in Aceh has gone through a democratic process subscribed by the Unitary State of the Republic of Indonesia. Nevertheless, some observers consider it problematic. Against this backdrop, this article discusses the principles of the formalization of sharia into positive law and further concretely analyses the case of formalization of sharia in Aceh. Employing a normative approach on research of law, this article shows that the principles of sharia codified in the qanuns of Aceh are grounded on the Qurʾān and the Sunna. The formalization of the sharia into the qanuns has gone through democracy and complies with the Indonesian law. Those qanuns contain regulations on ʿaqīda, muʿāmala, Islamic convocation, and Islamic criminal law.

Islam and National Law: A Formal Legal Review on Sharia Laws in Aceh

The implementation of sharia in Aceh has gone through a democratic process subscribed by the Unitary State of the Republic of Indonesia. Nevertheless, some observers consider it problematic. Against this backdrop, this article discusses the principles of the formalization of sharia into positive law and further concretely analyses the case of formalization of sharia in Aceh. Employing a normative approach on research of law, this article shows that the principles of sharia codified in the qanuns of Aceh are grounded on the Qurʾān and the Sunna. The formalization of the sharia into the qanuns has gone through democracy and complies with the Indonesian law. Those qanuns contain regulations on ʿaqīda, muʿāmala, Islamic convocation, and Islamic criminal law.

The Definition of Private adn Public Space in Implementation of Qanun Jinayah in Aceh

<p>This paper will discuss how the Qanun Jinayah differentiate the concept of private and public space in the implementation of sharia in Aceh. This paper will particularly discuss how private and public space being defined in the Qanun and how broad the scope of this Qanun is. This paper finds that there is no private space in Qanun Jinayah. There are only two conditions that listed in Qanun Jinayah, first, when at the work place, second evidence by the family card. A person who committed to criminal Act (Jarimah) in private and public space, he or she will be punished by Qanun Jinayah. Because of that Government in this case Wilyatul Hisbah and investigator has right to enter a person’s private space if that person is suspected to Jarimah crime. This paper sees that the authority has changed to violate the human right. </p><div> </div>

The Role of Ulama in the Application of Islamic Syariah in Aceh: A Study of Aceh Ulama Council’s Fatwa on Apostasies and Heresies

This article examines the role of ulama in the implementation of Sharia in Aceh by focusing on the study of their fatwa concerning apostasies and heresy. Since the time of the Aceh Sultanate, the role of the ulama has been prominent as the royal judges who applied sharia due to the status Aceh as the region that embraces Sunni Islam as the official schools of jurisprudence and theology. This situation continues in the period of independence and it has legally been further strengthened in the post-Soeharto regime (reformation era) by the special autonomy status granted to Aceh that includes the right to implement sharia in full. Based on the special autonomy, the council of ulama in Aceh, known as Majelis Permusyawaratan Ulama (the Consultative Assembly of Ulama) or MPU) is officially instuted as the government partner and vested with the authority to issue religious edicts (fatwa) and give considerations regarding the problems of governance, development, community development, and Islamic economy to the government. With regards to Islamic theology, the MPU has the authority to determine the orthodoxy of a religious group by issuing fatwa. As studied, there are fourteen fatwa issued by the MPU on sects and religious movements flourished in Aceh which are deemed to be deviating from Islamic orthodoxy; those include Shiah, Millata Abraham, and Gafatar. From in-depth studies of the fatwa, this article reveals that the influential role of ulama in Aceh in the life of society and government comes from three legitimations, namely; history, legal, and social. This thus has made the society and government feel bound by the MPU fatwa on apostasies and heresies which prompt the Aceh government to ban the groups despite freedom of religion guaranteed by the constitution. This condition is theoretically appealing because, as far as the legal system of Indonesia is a concern, obeying a fatwa is a matter moral compliance instead of legal compliance. Keywords: Aceh, Islamic Sharia, Ulama Council’s Fatwa on Apostasies and Heresies

THE DEVELOPING OF NATIONALISM IN ACEHNES LOCAL WISDOM FOR THOSE WHO RUNS THE ISLAMIC SHARIA

INTRODUCTION:Nationalism is an understanding that creates and maintains the sovereignty of a country to realize the concept of general identity for a group of people (residents). This bonding occurs and grows in society when people (residents) start thinking about living together in a particular area, i.e a country that is no longer under the control of other nations (Kahim, 1995, p. 18). (Riff, 1982, p. 54). (Komalasari, 2008). It should be understood that Indonesia has various ethnic groups who inhabit in islands. Every island is isolated from one to another due to natural factors, resulting in an environment where relationship among islands is not easy. These conditions encourage the growth of tribal characteristics in terms of linguistic, and cultural ones which are different from one to another so it rises to the distinctive nature of each, according to the environment.Under different conditions, the nationalism of Acehnese grew through the signal of their senses of nationhood and fate similarity which was followed with resistance against the invaders and other rejections. In the sense, the reactions of the Acehnese towards invaders' actions and attitudes which marked the rebellion in some areas wereconducted by the Acehnese personages. The rebellion sware politically separate from the invaders and to repel invaders from Aceh' s land.The implementation of Islamic sharia in Aceh is able to overcome new problems such as the rising sense of nationalism among Indonesian people. The flow problem can create Achenese nationalism identity. If we look at now a days from nationalism attitude (as the important elements in the growth of nationalism), we experienced changes towards better direction. (Maksum, 2017, p. 77).Islamic sharia is one of the solutions in creating Acehnese nationalism, because in Islamic sharia, we are demanded to act good to fellows without any discrimination and to teach love to the home land. (Zainuddin, 1961, p. 21).DISCUSSION:a. Nationalism in Islamic Perspective:Islam to its adherents is not only a religion in the sense of Western studies, but it is also a system that encompasses all aspects in human life. In his book, (Boisard, 1980, p. 183) assess that the universality of islam as a religion and social system can be proved from four terms : metaphysical term, religious term, sociological and political terms. As the belief in oneness of god is poured in a very strong belief, Islam is a universal ideology that can not be equated with ideologies of any religion. Besides this fundamental aspect, Islamic concept of human being is to help the universality of human. Human beings are independent and responsible. However, a human being is not secluded because he or shelive in a social environment and he or she will need to bear the consequences of his or her deeds. Double-Islamic conception of the individual is appropriate with the concept of universality that is accepted by modern western philosophy.Islam also teaches moral universality. It is no doubt about the fact that islamic teachings can enter and expand in any geographical areas irrespective of different cultural environments. Divine revelations are addressed to all human beings so they embrace Islam and specifically directed from one level to another level to the faithful to obey his rules. Obeying Muhammad's teachings means disconnecting relations with tribal social order and identify ownself with the new unity (Dault, 2005, p. 160). Yet, affiliation and loyalty to the faith-based community does not mean Islam forbids bonds that exist outside these bonds on the basis of faith. Instead, Islam encourages other forms of bonds, such as family ties, as long as is not contradictory to Islam (Umari, 1999, p. 12).The study about the relationship between Islam and nationalism stemmed from the Middle East region (Dault, 2005, p. 184). Just like in Indonesia, some Middle East students who studied in Europe returned home with the concept of nationalism as studied in the West. …

Under The Shadow of Sharia: Christian Muslim Relations from Acehnese Christian Experience

The implementation of sharia in Aceh has have given a complex impacts to several aspects of life of the Christian, economically, culturally, politically and any other aspects of social life. Unlike other Indonesian Christian in different parts of archipelago, the Christian women in Aceh are experiencing the life that regulated by the sharia. Based on the experience in Langsa, some of them (especially teachers, employee, and students) were appealed to wear headscarf (hijab) in their appearance in Islamic public sphere. Those who reside in Aceh Singkil experienced difficulties in establishing church, beyond any difficulties that experienced by Christians in other part of Indonesian region. However, in Southeast Aceh, the Christian live the life of religious harmony among the Muslim majority who implement the Islamic sharia. This article shows that strong encouragement among the Muslim circle to implementing Islamic sharia through political approach could generate difficulties to certain Christians, while to some others it doesn't give any significant negative impact. This article aims to highlight some issues that experienced by Christians who live amid the Muslim majority who implement Islamic sharia. Data were collected during ethnographical studies conducted in the year 2013-2015 in Langsa, Aceh Singkil and Southeast Aceh. Finally, this article proposes significant policy options for managing Muslim-Christian relations in Aceh, Indonesia. Education is crucial for promoting interreligious harmony, religious freedom, and respect for people of different traditions and religion.

Legitimasi Hukum Pemberlakuan Syari’at Islam di Aceh: Tinjauan Yuridis, Sosiologis dan Filosofis

The glory of Aceh Darussalam Kingdom in the past cannot be separated from the complete application of Islamic Sharia (kāffah) as the way of life in Aceh. Reflecting the historical past, the implementation of Sharia in Aceh in the present context is absolutely necessary. However, today's enforcement must refer to the three foundations, namely judicial, sociological, and philosophical. The most fundamental of juridical basis is the Constitution of 1945 (UUD 1945) Chapter XI on Religion and paragraph 2 of Article 29, new amendment of Article 18A paragraph 1 and Article 18B paragraph 1. The implementing of Sharia law in Aceh began with the birth law No. 44/1999 regarding the Implementation Features Special of Aceh Province, then refined by law No. 18/2001 on Special Autonomy for Aceh Province as Nanggroe Aceh Darussalam province. Then it is continued by the Law Number 11/2006 on the Governing of Aceh (UUPA). The sociological ground is majority Muslim of Acehnese can receive all the products based on Islamic Sharia law. The philosophical foundation, Islamic law, should be enforced based on the Qur'an and Hadith recommended preserving religion, life, property, lineage, and resourceful.
 DOI: http://dx.doi.org/10.20414/ujis.v19i1.1250

KEDUDUKAN SYARIAT ISLAM DALAM TATA NEGARA INDONESIA

The implementation of Sharia in Aceh was based on a people view of life in Aceh who believes their existence cannot be separated from the Allah guidance. In fact, Islamic Sharia is already implemented in Aceh since the Kingdom of Aceh Darussalam, as evidenced by the presence of various manuscripts focusing on Islam. Legally, it is recognized in Indonesia in Article 29 UUD 1945 as wells as in the Central Government through Act No. 44 of 1999 and Act 11 of 2006. Academically, although the imposition of Sharia in Aceh is based on civil law, but it cannot be denied that in the application process of common law also plays an important role.
 
 Kata Kunci: Syariat Islam, wewenang, qanun, lex spesialis, agama, jinayat, civil law, common law.