Islamic Law In Aceh Research Articles

The Implementation of Corporal Punishment in Qanun Number 14 of 2003 Concerning Khalwat (Seclusion) in Aceh Darussalam Province

The government has authorized the implementation of Islamic law in Nanggroe Aceh Darussalam (NAD) Province as Islamic teachings in every aspect of life. The government has validated five qanun directly related to Islamic law and court: Qanun Number 13 of 2003 about maisir; Qanun Number 14 of 2003 about khalwat; Qanun Number 7 of 2004 about zakat administrator. This research is qualitative research using a normative sociological approach. The results of this study indicate that there are at least six kinds of obstacles that hinder the implementation of corporal punishment in Aceh, namely: the substance of the qanun on seclusion is weak; lack of political will from the Aceh government to implement the agency’s criminal law earnestly; various perceptions of the qanun khalwat among Acehnese and students; reluctance of law enforcement officers to put the policies into practice; limited public pressure; and the low budget for the enforcement of Islamic law in Aceh. Those results implied the absence of legal certainty.

Optimalisasi Penerapan Hukum Islam di Provinsi Nanggroe Aceh Darussalam

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.

QURANICPRENEUR: INNOVATION OF THE NEURO NADI METHOD TOWARDS LEARNING OF THE QUR’AN IN BANDA ACEH

Facts show that the alumni of the Iqra Method have weaknesses in society, short lengths of reading, lack of remembering the nature and meaning of letters. The Iqra Method should be able to overcome these weaknesses and weaknesses by evaluating the method. Weaknesses of the Iqra Method provides an opportunity to innovate for other methods. As a solution to the problem, we offer Neuro Nadi Technique Method with the Nadi Quranic Learning Center program aged 7-70 years. Characteristics This method focuses the work of the left brain and the right brain which has a special work system. This study gives results that the Neuro Nadi Aceh Alumni have the competence in reading the al Qur'an better than the previous Iqra Method. This research is useful for institutes of teaching the al Qur’an to improve methods that have evolved to support Islamic law in Aceh.

Syariat Islam dan Tradisi di Aceh Darussalam

This study describes Islamic law and traditions in Aceh Darussalam. This study aims to provide education to readers that Aceh Darussalam has many traditions based on Islamic law. This study uses a sociological study, namely research by examining applicable regulations and relating them to their application in people's lives based on developing phenomena. Islam and customs in Acehnese society are like substances and characteristics that cannot be separated from one another. Religion and culture are integrated in the way of life, social systems, culture, and Islamic values ​​which are now as if tradition must be separated from religion, and so religion must be separated from tradition. This arises from among those who study Islam with a rigid method, narrowing a meaning that should have a broad meaning, even claiming that it is forbidden to do something that the Prophet Muhammad never made. Islamic law in Aceh as we know it is very thick, in fact some of it has been running for a long time, even since the time of the Aceh sultanate, so that tradition continues to permeate and integrate with the daily life of the Acehnese people.

Gayo Lues Traditional Law Regarding Community Order for Visitors at Sarah Juli Hotel

The prohibition of seclusion is an early prevention of adultery because the act of adultery basically starts from the things that lead to it. The ratification of Qanun No. 14 of 2003 concerning Seclusion at the beginning of the application of Islamic law in Aceh as a qanun in the field of jina>ya>t was not without reason, the selection of the qanun had at least two reasons. The first reason, the act of seclusion is a form of immorality (haram) in Islamic law and is very disturbing to the community but has not been handled properly. Second, the existence of euphoria within the community in the form of 'people's justice' against the types regulated in this qanun jina>ya>t, in order to avoid taking vigilantes in the midst of society, the Aceh Government ratified Qanun No. 14 of 2003 as a form of anticipation to various disturbances in Acehnese society.

The Islamic Law within the ‎Indonesian Legal System ‎(A Case Study of Islamic Sharia Law ‎in Aceh)‎

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.

Why the Growth of Qanun Jinayah in Aceh was Slowly? An Analysis Using Structural Functionalism Theory

The growth of Qanun Jinayah in Aceh is running stagnantly, although the implementation of Islamic Sharia has been implementing for seventeen years. The local government ratified only five qanun Jinayah. In fact, within that time, Aceh Government had imposed 177 qanuns and the crime rate in the region is increasing. Based on the case, this article aims to discuss recent progress of Jinayah law in Aceh and the challenges it faces. Then, using structural-functionalism theory discuss how coordination among sharia institutions worked as part of totality implementation of Islamic law in Aceh. By using qualitative and descriptive-interpretative methods, to examine interpretations and experiences of the subjects, in this case the sharia institutions, including Islamic Sharia Office, the Ulama Consultative Council, Sharia Court, and Sharia police, during their effort to implement Islamic Sharia. And finally, draw conclusion that the growth and development of Jinayah law in Aceh was prolonged because of weak coordination function among the sharia institutions. Therefore, it required a systematic approach based on structural-functionalism theory to encourage coordination between the sharia institutions in supporting the kaffah implementation of Islamic law in Aceh, including its Jinayah law.

Why the Growth of Qanun Jinayah in Aceh was Slowly? An Analysis Using Structural Functionalism Theory

The growth of Qanun Jinayah in Aceh is running stagnantly, although the implementation of Islamic Sharia has been implementing for seventeen years. The local government ratified only five qanun Jinayah. In fact, within that time, Aceh Government had imposed 177 qanuns and the crime rate in the region is increasing. Based on the case, this article aims to discuss recent progress of Jinayah law in Aceh and the challenges it faces. Then, using structural-functionalism theory discuss how coordination among sharia institutions worked as part of totality implementation of Islamic law in Aceh. By using qualitative and descriptive-interpretative methods, to examine interpretations and experiences of the subjects, in this case the sharia institutions, including Islamic Sharia Office, the Ulama Consultative Council, Sharia Court, and Sharia police, during their effort to implement Islamic Sharia. And finally, draw conclusion that the growth and development of Jinayah law in Aceh was prolonged because of weak coordination function among the sharia institutions. Therefore, it required a systematic approach based on structural-functionalism theory to encourage coordination between the sharia institutions in supporting the kaffah implementation of Islamic law in Aceh, including its Jinayah law.

The Implementation of Meunasah-based Sharia in Aceh: A Social Capital and Islamic Law Perspective

This research examined meunasah as the social capital in implementing Islamic law in Aceh. It aimed to explain the social capital of meunasah concerning its role and functions in supporting the Islamic law implementation in Aceh. This research has its root in studying the sociology of law, emphasizing the empirical legal analysis within the society. The researchers used social capital, which consisted of cognitive and structural aspects as a theoretical framework, and interviews, literature study, and observation, as the data collection methods. This study found that meunasah had a central position in Acehnese society as a center for religious activities, a place to learn the Qur’an, social activities, and as a customary institution. Since time immemorial, meunasah has played a central role as a center for community activities at the gampong level. Even though meunasah had transformed itself into a mosque in urban areas, its function and role remained as a place for internalizing the Islamic law principles, as a medium for socializing Islamic law, and as a center for religious, social activities. This study argues that meunasah can still be the ‘glue’ of social networks with its religious, social, and customary values as a cognitive, social capital. On another side, imuem meunasah can be considered a structural social capital. Meunasah, as part of social institutions, can support social order and order, which is a social function of law. Without the support of meunasah as a cognitive social capital, the researchers argue that Islamic law will be difficult to be internalized in society.

Dualism of Positive Law and Islamic Law in Indonesia: Law Enforcement for Lesbian, Gay, Bisexual and Transgender Communities

Human rights must be implemented by the rules of community life, where each community group has its view and application of the freedom of human rights. The enforcement of human rights for LGBT people with Islamic law in Aceh is opposed by the international community because it is considered a violation of human rights. So the urgency of this research is to find out how far a person's understanding of human rights freedom is and what is the foundation on which they base human rights to exercise. After that, it will be concluded whether religious values continue to dominate society in acting. This study uses a descriptive-analytical method with a normative juridical approach, where the data and information to be collected both in terms of assessment and in terms of management is carried out interdisciplinary and multidisciplinary as well as cross-sectoral. The data and information are then analyzed in-depth normative juridical so that an overview of human rights in Indonesia is obtained. The results show that the concept of human rights applied in Indonesia uses the concept of cultural relativity and will not be relevant if it uses the concept of human rights in western countries which emphasize individual freedom.

Implementasi Syari’at Islam di Aceh: Studi Kasus Peranan Da’i Perbatasan di Kabupaten Aceh Tamiang

This study aims to discuss the implementation of Islamic law in Aceh, especially regarding the role of border preachers in Aceh Tamiang District, Aceh Province. This research is a study of the sociology of law or empirical law that discusses the law in reality or the reality in people's lives. There are two data collection techniques used, namely literature review and in-depth interviews. This study concludes that the border preacher is a program of the Islamic Shari'ah Service which aims to support the implementation of Islamic law in border areas and remote areas in Aceh. Namely in the regions, Singkil, South Aceh, Subulussalam, Simeulu, Southeast Aceh, and Aceh Tamiang. Especially in Aceh Tamiang, the border preacher has carried out his duties and functions well, namely carrying out religious recitation activities, recitation of al-Qur’an education park, strengthen aqidah and maintaining religious harmony in society. Thus, in the context of the sociology of Islamic law applied in Aceh, it has a positive impact on the community in the sense that people are religiously obedient, their religious knowledge increases, strong aqidah and religious life becomes harmonious.

Film Aceh dalam Perspektif Etika Komunikasi Islam

The goal of this study was to look at the use of ethics in Aceh's cinema, namely, as an area of Islamic law. Qualitative content analysis with an explanatory approach was employed as the strategy. Meanwhile, documentation were employed to obtain data. The study's focus is on audiovisual items of Aceh movie video compact disc, "Zainab Section 2". The study's findings suggest that the movie "Zainab Section 2" failed to convey themes that are consistent with Islamic communication principles. Even if there are, they are in the minority. There is a lot of lameness in Islamic communication ethics, according to the author. Furthermore, this film lacks a specific personality that distinguishes it from works outside the region, has gotten little government attention, and does not prioritize the presentation of educational and da'wah aspects. As a result, the presence of a particular movie censorship institution in Aceh is extremely vital for the future orientation of Acehnese cinema, given that, in addition to being able to have positive effects, films may undeniably have detrimental impacts on the audience. And good cooperation is needed from various parties, be it the government, universities, media crews, artists, and elements of society. So, it is hoped that in the end, the enforcement of Islamic law in Aceh can immediately touch the movie aspect.

KINERJA WILAYATUL HISBAH DALAM PELAKSANAAN SYARIAT ISLAM DI KOTA BANDA ACEH PROVINSI ACEH

Aceh Province carries out special autonomy, in the context of implementing Islamic law, it is stated in the form of the Special Region of Aceh Law called Qanun. The kaffah application of Islamic law means that the local government will enforce the laws correctly and firmly against all Acehnese who violate Islamic law. The institution established to enforce Islamic law in Aceh is the Wilayatul Hisbah (Sharia Police) which has great responsibility in implementing Islamic law. Considering that the implementation of Islamic law in Banda Aceh City has not been optimal, the performance of Wilayatul Hisbah must be extra to improve the implementation of Islamic law in Banda Aceh City. For this reason, the purpose of this study is to find out how the performance of Wilayatul Hisbah in the Implementation of Islamic Law in Banda Aceh City Aceh Province . The research uses descriptive qualitative methods with an inductive approach. Data collection techniques using observation, documentation, interviews. Data analysis techniques using data reduction, data display/data presentation, conclusion drawing/verification. The results of this study are the performance of Wilayatul Hisbah in the implementation of Islamic law has been going well but there are several inhibiting and supporting factors in its implementation, including the lack of public understanding about existing laws or regulations, lack of personnel/human resources, the existence of a Qanun that is not yet clear in providing legal action/sanctions to violators of the Qanun, facilities and infrastructure as well as the Civil Service Police Unit Office and Wilayatul Hisbah City of Banda Aceh are inadequate, while the factors The supporters are the socialization, the sanctions given to violators who are firm in accordance with the Qanun, the support provided by the community, the ulama, traditional leaders, local governments, stakeholders, council members, officials and related institutions who care about the implementation of Islamic law in Banda City. Aceh.
 Keywords: Performance, Wilayatul Hisbah, Implementation

Implementation of Islamic Sharia in Aceh (Study on the Dynamics of Legalization and Permits for the Implementation of Islamic Sharia in Aceh Province)

This research examineswhat is the history of the process and dynamics of the local government's policy regarding permits for the implementation of Islamic law in Aceh. This research is qualitative descriptive research with content analysis approach. The steps taken in the research include data collection and data analysis. First, the data is taken from the source such as the book entitled Islamic Shari'a in Aceh (Problematics of Sharia Implementation). The results showed that: The Birth of the Legalization of Islamic Sharia in Aceh occurred in 1999 after going through a long struggle against various policies and conflicts (movements needed by Acehnese community leaders). Among them is the policy of the Central Government as a result of the Round Table Conference (KMB) which has implications for the dissolution of the Aceh Province which has an effect on the existence of the Syar'iyah Court, which was previously an apparatus of the Aceh Province. This was further exacerbated by the issuance of Law No. 1 of 1950 which contained the dissolution of all autonomous courts and merged them into state courts. The dynamics of permits for the implementation of Islamic Shari'ah in Aceh are vulnerable to those responsible for implementing Islamic Shari'ah (Pemda and related institutions) in making policies on the implementation of Islamic Shari'ah. This was caused by two things, namely: First, there were certain parties who were worried and accused that the implementation of Islamic Shari'ah in Aceh would reduce and not be in line with the protection of human rights and women. The two permits have given rise to formidable challenges, because it can be said that this is a new era in the study and development of fiqh, especially in Aceh.

Discourse on the formulation of the Jarimah of sexual violence against children in the Aceh Qanun Jinayat

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.

Tradisi Peusijuek Sebagai Sarana Mediasi di Tengah Penegakan Syariat Islam di Aceh

This study aims to find out how the peusijuek tradition as a means of mediation which is a relic of Hindu culture and deeds considered heretic so that it is not following Islamic law is still preserved in Kuta Baro District, Aceh Besar District, Aceh Province. This study uses a descriptive qualitative method, in which researchers directly obtain information from direct interviews and thorough literature review. In conducting this research, the researcher used the cultural functionalism theory, according to Malinowski. The theory of functionalism explains that the elements of culture have a relationship and reveals specific patterns or at least the reasons for these patterns to survive and be recognized by society. The peusijuek tradition as a means of mediation in the middle of Islamic law in Aceh has a significant role in society, because it has certain functions, namely as a carrier of prosperity, to expect blessings, maintain harmony between citizens, and preserve cultural heritage. Until now, peusijuek has become a social reality and has become an identity for the people of Aceh, especially the people in Kuta Baro District, Aceh Besar District.

To veil or not to veil? Islamic dress and control over women’s public appearance

ABSTRACT Women’s public appearance is subject to ongoing debates. In many parts of the world, women have been forced to cover their body, or to uncover it, due to incompatibility with local, cultural or religious values. This paper is based on ethnographic fieldwork conducted between August 2016 and February 2017 in Aceh, Indonesia; the only province with a special autonomous right to implement Islamic law. This paper aims to look at how Aceh’s shari’a regulates people’s public appearance. The research found that Aceh’s shari’a regulates women more than men and that the law has homogenized the interpretation of religious texts, which is monopolized by the government. The law endorses a unitary standard of women, into one standard model of femininity; particularly regarding their dress. Through the law, the government controls women’s bodies in public and imposes cultural uniformity onto them. This paper argues that the practice of Islamic law in Aceh disseminates a narrative of western hegemony through colonial legacies and stereotypes, in an Islamic culture that is male-dominated and in which women are subjugated.

Positivisation of Islamic Sharia as Local Government Regulations for Minority Citizens as Liyan in Aceh

Although the majority of Aceh's population is Muslim, the rules formulated in the form of Islamic Sharia Qanun cannot be separated from social interaction with non-Muslims as a minority community. This study wants to reveal the position of non-Muslims in Qanun (Sharia rules) for the application of Islamic law in Aceh, with the aim of analyzing how Islamic Sharia Qanun is made and their problems with diverse views on the equality of identity in Aceh. This is based on several facts which show that the paradigm of equality of diverse identities in Aceh has not been a major concern among religious communities. This research is library research using secondary data. Data collection techniques are carried out by reviewing the literature and related documents, namely analyzing 13 Qanun (Sharia Rules) of the application of Islamic Sharia and one Aceh Special Region Regulation, as well as other valid and credible sources. The findings in this library research are the rules formulated in Aceh's Jinayat Qanun giving freedom to the choice of punishment for non-Muslims. This freedom is granted through the principle of surrender, which is regulated in article 129 of Law Number 11 concerning the Government of Aceh and Article 5 of the Aceh Qanun Number 6 of 2014 concerning Jinayat Law.

Pelembagaan Hukum Jinayat di Aceh Sebagai Bagian Sistem Hukum Pidana Indonesia

This research seeks to explain the implementation of Islamic law in Aceh, especially the institutionalization Islamic criminal law through the implementation of Jinayat Law as part of the criminal justice system in Indonesia. Positive law in Indonesia is the legal norms derived from Islamic jurisprudence as a result of normative ‘marriage’ between sharia law and local wisdom Indonesia, even though the constitution 1945 did not mention Indonesia as an Islamic state, but Islamic law in Indonesia is living amidst society. Formerly it was only limited to the field of Ahwal Al-Syakhsiyah and Muamalat, however, nowadays partake into the Islamic criminal law (Jinayah). Aceh province is given authority to implement the Islamic jurisprudence (qanun), have since recorded constitution no. 44 of 1999, constitution no. 18 of 2001, and constitution no. 11 of 2006, all of which is a product of positive law governing Indonesia about privileges and specificity of Aceh. This research method using library research and juridical normative legal research with secondary data and use approaches regulations (statute approach). This research concludes that Islamic criminal law (jinayat) that are implemented in Aceh as part of the criminal justice system, which complements the general rules that apply nationally and the law of criminal procedure has not been full of the legal community in Indonesia especially Muslims in Aceh.
 DOI: https://doi.org/10.5281/zenodo.3467458

Law Enforcement Against Lesbian, Gay, Bisexual, and Transgender (LGBT) Phenomena in The Qanun Jinayah in Aceh

This study revealed the implementation of Islamic Law in Aceh, especially those relating to Lesbian, Gay, Bisexual, and Transgender (LGBT) Phenomena. The aim is to find out how the law is enforced and what things hinder its application. Although Aceh has enacted Islamic Shari'a, and Aceh's Jinayah Qanun has banned LGBT actions through which the perpetrators are subject to sanctions the whip, but the phenomenon of LGBT in this Province still exists. The study found the fact that the Jinayat Qanun in this region had not been fully able to ensnare LGBT perpetrators, especially Lesbians ( musahaqah ) and homosexual ( liwath ). This is because of two main obstacles: first, the formal aspects involving the evidentiary aspect, and, secondly, the material aspects relating to legal rules that can be used to punish the perpetrators of these crimes.