Law In Aceh Research Articles

Forum-shopping in criminal law: power and pragmatism in gayo, Aceh, Indonesia

In one of her earliest publications Keebet von Benda-Beckmann examined how villagers in West Sumatra engaged strategically in forum shopping and with shopping forums under conditions of legal pluralism. The insights in her article how this influenced the power constellation in the village have inspired many researchers to look at the interplay between justice seekers and forums for dispute resolution in a plural legal landscape, and how in this process authority is produced. Our article builds on Keebet’s work, looking at forum shopping in cases of sexual offences in Gayo (Aceh). We discuss how the post-conflict reform of criminal law in Aceh has led to a state-sanctioned condition of legal pluralism consisting of national law, customary (adat) law and Aceh jinayat (Acehnese Islamic criminal law). Village officials, human rights activists, police and prosecutors channel crimes into the legal system that best suits their goals – sometimes in conformity with, sometimes in violation of the formal rules of jurisdiction. The result is a new balance of power between these actors, in which – surprisingly – adat officials and police have gained most from the introduction of Aceh jinayat. However, the introduction of state legal pluralism has not produced competition between the constitutent legal systems, but rather expanded the potential for more differentiated responses to sexual offences in a society characterized by profoundly conservative values.

Merebut Tafsiran Otoritatif Keagamaan; Perdebatan dan Kontroversi Prosesi Hukuman Ta’zir Cambuk di Lapas Aceh

This article discusses the debates and controversies surrounding the authoritative interpretation of Sharia law regarding the caning punishment process in correctional facilities (prisons) in Aceh, which was previously conducted in open fields. The debate emerged and took place across various media platforms, including social media, following the issuance of the Aceh Governor's Regulation in 2018 concerning the relocation of the punishment process. The discussion extended to deliberating the most legitimate interpretation regarding the necessity for the caning punishment to be witnessed by a group of believers; the selection of the location where the punishment is carried out; and the intent and purpose of the caning punishment itself to be witnessed by the public, as explicitly stated in Q.S. An-Nur: 2. Using literature study as the research method, this article concludes that there has been a shift in religious interpretation towards authoritarianism by considering and asserting certain interpretations as authoritative and "supposedly" in accordance with Sharia, as intended by the implementation of the caning punishment during the formalization of Sharia law in Aceh.

Being Human and Having Rights: Exploring Women's Education Under Sharia Law in Aceh

This article presents a literature review on the right to education under Sharia law in Aceh, a territory in Indonesia with special autonomy and formal application of Islamic law. The research methodology used the qualitative method with the literature review approach, encompassing data collection and analysis from diverse sources such as journals, books, reports, and websites to identify key issues, challenges, and opportunities faced by Acehnese women in accessing and utilizing education. The author also analyzes the role and impact of various actors, such as the government, non-governmental organizations, clerics, and communities, in shaping and influencing education policies and practices in Aceh. The article found that women's education in Aceh has made significant progress but also faces several obstacles, such as discrimination, violence, poverty, and a lack of participation. The authors recommend several steps to improve the quality and equity of women's education in Aceh, such as increasing budget allocation, involving women in decision-making processes, developing inclusive and relevant curricula, and strengthening cooperation between various stakeholders. Then also for further efforts be made to assess the empirical and normative impact of sharia law in Aceh on women's right to education and to develop inclusive, sensitive, and sustainable strategies to improve access, quality, and equity of women's education in Aceh.

PENERAPAN SYARIAT ISLAM DI ACEH DAN TANTANGAN DI ERA EKONOMI DAN POLITIK LIBERAL

Since its declaration on 1 Muharram 1423 H or coinciding with 15 March 2002, Islamic law in Aceh has been under the spotlight. Islamic Sharia, which was revealed by Allah Swt, should be understood as a perfect rule and become rahmatan lil'alamin, instead it gets opposition from some Muslims who are secular and anti-sharia. Some Muslims today, especially leaders and intellectuals in Aceh who claim to be critical but do not have adequate knowledge about Islamic law, dare to reject God's law (sharia). Various negative issues and shubhat are put forward. Among other things, Islamic sharia in Aceh is not in accordance with human nature. In addition, the implementation of sharia in Aceh is said to have been hasty, without careful thought and preparation. This paper attempts to refute these allegations. Whether we realise it or not, negative accusations against the implementation of Islamic sharia in Aceh not only destroy Islamic sharia itself, but also go against the law of God (Allah Swt) and human nature. The accusation that Islamic law in Aceh is incompatible with human nature is a fallacy. Islamic Sharia in Aceh, wherever and whenever, is in accordance with human nature. With Islamic law, human beings discover their nature as servants of Allah and caliphs on earth. Therefore, Islamic law was revealed to guide and protect this human nature so that it does not deviate and is not tyrannised. In addition, this paper also refutes the accusation that Islamic sharia in Aceh was implemented in a hurry. In fact, Islamic sharia in Aceh has been implemented since ancient times, the time of the kingdom of Aceh. However, the implementation of sharia at this time was carried out in stages. That is why, in the beginning, its scope was only limited to certain areas. For example, in criminal law only applies to jarimah khamar, gambling and khalwat / adultery with ta'zir punishment. The next stage is the application of hudud punishment in the case of jarimah hudud. This is the concept of tadarruj that characterises Islamic law itself.

SHARIA LAW AND COMMUNITY RESPONSE TO ROHINGYA REFUGEES IN ACEH

In Aceh, the implementation of Sharia law plays a significant role not only in social and religious regulation but also in responses to humanitarian issues, such as the case of Rohingya refugees. This study aims to discuss how Sharia law influences the perceptions and actions of the Acehnese community towards Rohingya refugees. The study employs a literature review as the primary approach to gather and analyze existing data. Data were collected through systematic searches in prominent academic databases, online archives, and digital libraries. The search focused on reputable journals, books, government and NGO reports, as well as relevant news articles pertaining to this area of study. The findings of this study indicate that the implementation of Sharia law in Aceh significantly influences the community's response to the arrival of Rohingya refugees. Sharia law in Aceh functions not only as a legal framework but also as a social ethos that shapes humanitarian actions towards the refugees. Sharia law has reinforced humanitarian and solidarity values within the community, as evidenced by the warm reception given to the refugees. However, the study also finds that economic and political factors can modify and even diminish these positive responses over time. The study concludes that in the context of Rohingya refugees, while Sharia law plays a role in shaping positive social norms and behaviors among the Acehnese community, it sometimes fails to adapt or is insufficiently responsive to changing economic and political pressures. These pressures can alter community perceptions and responses to refugees in the long term. Therefore, the study concludes that the complex dynamics between Sharia law and socio-economic conditions in the context of refugees are critical aspects that policymakers and humanitarian practitioners need to address.

State, Custom, and Islamic Law in Aceh: Minor Dispute Resolution in the Perspective of Legal Pluralism

State, Custom, and Islamic Law in Aceh: Minor Dispute Resolution in the Perspective of Legal Pluralism

Menguji Kemampuan Membaca Al-Quran Calon Pemimpin Aceh dalam Prespektif Hukum Adat, Hukum Islam, dan Politik

Given Aceh's rich Islamic cultural traditions and foundations, reading the Quran is frequently regarded as a crucial prerequisite for future leaders in the area. The purpose of this study is to examine the significance of this skill in relation to politics, Islamic law, and customary law in Aceh. In order to provide a thorough knowledge of the problem from legal, social, cultural, and political perspectives, the study examines the perspectives of Acehnese society using empirical juridical research methods. It also reviews the pertinent legislation and the legal foundation. According to the research, the community expects leaders who comprehend and uphold Acehnese customary law and culture, and reading the Quran is considered a sign of good leadership abilities

Confiscation of Corruption Asset in The Indonesian Legal System: A Study of Criminal Law in Aceh

Confiscation of Corruption Asset in The Indonesian Legal System: A Study of Criminal Law in Aceh

Harmonization of State, Custom, and Islamic Law in Aceh: Perspective of Legal Pluralism

Indonesia recognizes several legal systems i.e., state law, customary law, Islamic law, and international law. Islamic sharia in Aceh is part of legal pluralism in Indonesia. This study aims to discuss the application of Islamic sharia from the perspective of legal pluralism. This normative legal study employed a legal pluralism theory analysis. Legal pluralism is a theory that views law not only as positive or written law made by the state but also as a recognition of the legal reality that exists in a pluralistic society. The study collected data by means of a literature review. Findings revealed that Islamic sharia in Aceh as part of the recognition of the concept of legal pluralism has been implemented well in the context of state law, custom, and Islamic law. The state has provided juridical legitimacy through laws in the context of legal substance and judicial institutions or sharia courts. Likewise, revitalization has also occurred in traditional institutions in terms of customary law and customary justice. The argument emphasized in this study is that Islamic sharia in the context of legal pluralism has succeeded in manifesting legal harmonization between the state, custom, and Islamic law

THE CHALLENGES OF ISLAMIC CRIMINAL LAW IMPLEMENTATION IN ACEH SHARIAH COURT

This paper explores the reconstruction of Islamic criminal law within the Aceh Shariah Court, highlighting its historical, socio-cultural, and legal context. Aceh, recognized for its special autonomy and predominantly Muslim population, has enacted various qanuns (regional Islamic laws) since 2001 to implement Islamic Sharia, encompassing both civil and criminal law. The study employs non doctrinal research to analyze the framework and challenges of implementing Islamic criminal law in Aceh. The legal substance, including Law No. 11 of 2006 and various qanuns, facilitates public participation and supports the integration of Islamic principles into regional governance. The research discusses the pluralistic legal system in Aceh, incorporating state law, customary law, and Islamic law, and examines the role of the Sharia Court in adjudicating cases under Islamic law. The study identifies two main issues: the enforceability of the qanun concerning non-Muslims and human rights, and the proportionality of punishments. Despite criticisms, the qanuns aim to enhance justice and prosperity in Aceh, reflecting the strong religious and cultural identity of the region. The paper concludes by emphasizing the necessity of ongoing adaptation and refinement in the application of Islamic criminal law to address societal needs and uphold human rights.

The Existence of Non Muslim Minority in Aceh, Indonesia: A Study Civil and Police Institution

The implementation of Islamic law in Aceh had impact for the existence of non-Muslim minority groups. Even though they are guaranteed freedom to worship, harmony and protected, and can live side by side with the Aceh society, on the other hand, they are also feeling the impact of sharia. These implications are experienced by Christian women, not only among civil groups, but also police institutions. This article aims to complement the shortcomings of previous research, by mapping the relationships that existed between Muslim and non-Muslim groups in Aceh during the implementation of Islamic sharia. The research question is, how do these implications occur and why public space is limited for them. This research was conducted in Banda Aceh involving six informants and some were women, civil society groups and several police institutions, namely three Christian policewomen, through in-depth interviews and using several references related to the research subject. The results of the study indicated that, first, there are social spaces that have an impact on non-Muslim groups because they live in areas of Islamic sharia that require them to receive these regulations, such as the obligation to wear the veil for students, teachers and policewomen in police agencies. Then, there are limited facilities for worship, including for policewomen to provide spiritual guidance. Apart from that, there is little access to public space in government, which occurs among non-Muslim minority children who would like to develop their talents, as well as employees and in police agencies who could not develop their careers perfectly. This happens because they cannot have opportunities like the people of Aceh who are the "hosts". In this case, the government must be able to harmonize laws, including for minority groups in Aceh. It is hoped that the results of this research could adding references regarding the importance of increasing awareness and fostering the values of tolerance.

Digital Literacy and Islamic Sharia Values as A New Perspective of Preventing OGBV

This research aims to explore the digital literacy position of students using social media in Aceh and see its relation to the issue of OGBV as victims and bystanders. This research also investigates the relationship between digital literacy, OGBV, and the role of Sharia Law in Aceh, which may provide a new perspective for preventing OGBV in Indonesia, considering the paucity of previous studies correlating those three aspects. This research utilized the concept of Digital Literacy created by Paul Gilster and used the Four-Component Digital Literacy Model developed by Alexander V. Sharikov. This research was conducted using a qualitative approach. Researchers conducted in-depth interviews with nine students and analyzed them using Thematic Analysis. The results revealed that most participants do not have a knowledge base about OGBV, which has implications for their digital literacy capital, especially in identifying various OGBV variants and how to protect personal data on social media. In addition, Islamic law influences participants' digital literacy in dealing with OGBV. However, participants' knowledge of Sharia law values regarding safe and responsible digital interaction patterns has yet to develop comprehensively.

COMPATIBILITY OF LAW ENFORCEMENT AND HUMAN RIGHTS WITHIN ISLAMIC LAW IN ACEH PROVINCE, INDONESIA

Since the enactment of Act Number 11 of 2006 on the Governance of Aceh, the region has undergone decentralization, becoming an asymmetrical area with unique authority, particularly in the realm of Islamic Law. The implementation of Islamic law in Aceh has encountered obstacles and sparked debates among scholars. This article delves into the enforcement of Islamic laws and their relationship with human rights within the context of Aceh Province. Through doctrinal legal research, it is demonstrated that the enforcement of Sharia Law in Aceh upholds human rights principles. The justification for Islamic Sharia law is rooted in the Indonesian Constitution of 1945, provided that Qanuns (sub-national regulations) at the provincial or regional level align with higher laws hierarchically. Any discrepancies in implementation necessitate a reevaluation. The 1945 Constitution grants Aceh the authority to uphold Islamic law while promoting, respecting, and fulfilling human rights. The harmonization of human rights and Islamic Law is crucial for mutual reinforcement and justice-seeking in Aceh Province, Indonesia.

Islamic Sharia Between Aceh And The Middle East

Islamic Sharia in its implementation in Aceh and the Middle East is full of issues that hinder its implementation. Human rights issues are one form of obstacles and contradictions that are often faced in the implementation of Islamic law in Aceh and the Middle East. In this article, we analyze how Islamic Sharia is implemented in Aceh and the Middle East as well as the obstacles and contradictions faced by the governments of Aceh and the Middle East. The research method used to analyze the problem is using qualitative descriptions with library research data collection techniques. The results obtained from data analysis are that Aceh implemented the Qanun Jinayat which was structured in such a way that there were no elements that would undermine human rights (HAM). In this case, everything has been prepared in law and Qanun Jinayat with the aim of maintaining and respecting human values in Aceh so that the people in Aceh are not oppressed, and in successful implementation it is important to involve Aceh traditional institutions. Meanwhile, in the Middle East, the application of Islamic law is the main basis for establishing law. This is because the Koran and Hadith are the highest law in the Middle East or in other words the law of heaven.

Participation of the Acehnese Indigenous People in the Formation of Legislation

This journal discusses the participation of the Aceh traditional society in the formation of laws and regulations in Nanggroe Aceh Darussalam. Aceh is a regional government that has a special autonomy related to one of the distinctive characteristics of using Islamic Sharia in forming its policies. Article 96, paragraph 1, of Law Number 13 of 2022 is the legal basis for the public to participate in the formation of statutory regulations. Public participation in the formulation of legislative regulations is the implementation of the objectives of Indonesia for the well-being of the entire Indonesian people. Seeing this, problems arise regarding how to apply Acehnese customary law in regional regulations and the participation of the Acehnese traditional community in the formation of regional regulations. The research method used in this writing is normative juridical, by examining library materials or secondary data. This research explains that the application of customary law in Aceh in regional regulations is called qanun, which is based on Islamic sharia. Then, Ulama and traditional institutions have an important role and certain authority in the formation of laws and regulations.

Compatibility of Human Rights and Sharia: The Perspective of Interreligious Leaders in South and West Aceh Indonesia

Human rights and Islamic law are two distinct sources of law with the common orientation of upholding the dignity of human beings. This study aimed to explore the compatibility of the two to avoid any conflicts and to ensure legal development that considers both human rights values and Islamic law, particularly in Aceh where Islamic law is implemented. The study began by asking two fundamental questions: how are human rights and Islamic law compatible in the context of legal development in Aceh? And how do interfaith figures in southwest Aceh view the compatibility of human rights and Islamic law? The study utilized qualitative research methods with a phenomenological approach and an interpretive paradigm, and it concluded with a continuous qualitative narrative analysis from the start of the research until its completion. The research findings indicate that human rights and Islamic law have been incorporated into the formulation of every law and can accommodate all segments of society in Aceh, both in terms of religion and humanity. Additionally, human rights and Sharia law in Aceh have found a point of convergence that is supported by the acceptance of cross-religious communities, particularly in southwestern Aceh. Thus, this research suggests that human rights and Sharia law are not in conflict with each other because they share the same orientation of respecting the dignity of humanity.

The Relationship of Religion and State Law in Indonesia Paradigm Theory Perspective of the Relationship Between Religion and the State

The discourse on the relationship between religion and the state in the context of the implementation of Islamic law in Indonesia is an issue that will never go stale. This article aims to examine the relationship between Islamic law and state law from a paradigm theoretical perspective on the relationship between religion and the state, a study of the thoughts of Indonesian thinker Prof. Arskal Salim. The type of method used is qualitative, data comes from library materials, the main data is the book "Challenging the Secular State; The Islamization of Law in Modern Indonesia” by Prof. Dr. M. Arskal Salim GP, M.Ag. The data is read, analyzed, separated and categorized and then analyzed using descriptive analysis and content analysis. The research results show that Prof. Arskal Salim in his book raises five issues related to the dynamics and discourse of the relationship between religion and the state in the form of the application of Islamic law in state law in Indonesia. The five issues are the dialectic of the concept of sharia and the issue of the nation state, the dialectic of the formalization of Islamic law and the issue of nationalism, the implementation of Islamic law in the Pancasila state constitution, legislation and the formalization of Islamic law in national law, the formalization of Islamic law in Aceh from the beginning of independence to the reform era. Based on the theoretical analysis of the paradigm of relations between religion and the state, namely the integralistic, symbiotic and secularistic paradigms, a fourth new typology was discovered, namely symbiotic-integralistic which is a combination of the symbiotic and integralistic paradigms. This symbiotic paradigm applies throughout Indonesia, and the integralistic paradigm only applies in Nangroe Aceh Darussalam Province.

STRENGTHENING SHARIA ELEMENTS; SYUF’AH OR LANGGEH RIGHTS IN LAND BUYING AND SELLING TRANSACTIONS IN ACEH

This article describes the strengthening of sharia elements (Syuf'ah) in buying and selling land in Aceh. The implementation of Islamic law in Aceh is not only in the field of worship, it also includes the field of muamalah, namely buying and selling land. In Acehnese customary law, syuf'ah rights are known as langgeh rights. In the decision of the Supreme Court of the Republic of Indonesia dated March 31 1977 No. 298 K/Sip./1973 explains that langgeh rights are rights in customary law that give priority over other people to buy land, which is given to relatives, Segampong/village communities and neighboring land owners. If the sale and purchase of land is not carried out based on priority rights, the aggrieved party can sue for the cancellation of the validity of the sale and purchase to the Gampong Court. This article uses normative research methods, in the form of secondary data analyzed using qualitative methods. The results of research that has been carried out by several previous researchers, there is a dispute in the sale and purchase of land in Aceh which does not apply Syuf'ah rights or langgeh rights. Strengthening the Syari'ah elements of Syuf'ah or langgeh rights in the sale and purchase of land in Aceh is regulated in Qanun Muamalah and is applied in land buying and selling transactions in Aceh. The importance of strengthening the elements of syari'ah syuf'ah or langgeh rights is to prevent disputes or cancellation of land sales and purchases in Acehnese society.

Legal Harmonization: Adultery in the Indonesian Criminal Code and Aceh Qanun No. 6/2014 on Jinayat Law

This paper discusses the complexity of the application of adultery laws in Indonesia, particularly in a comparison between the Criminal Code and the Aceh Qanun. The transformation of adultery regulations reflects the evolution of society's views and responses to social change. This research aims to understand the essence and implications of this regulatory transformation. In the context of legal harmonization, this research reveals the challenges and opportunities of harmonizing universal values with local and religious values, especially in the aspect of Islamic law in Aceh. The research conclusion provides a nuanced view of the dynamics of legal harmonization in Indonesia, emphasizing the need to create harmony in the legal system.

The Analysis Relationship of Exclusive Breastfeeding with Psychosocial Problems in Children Aged 4-6 Years

Psychosocial health is one of the most important factors in achieving optimal growth and development in children. The increase in psychosocial problems among children has been accompanied by a decrease in the rate of exclusive breastfeeding over the past two years. Another important aspect is the history of natural disasters such as tsunamis, military operations, and the implementation of Islamic law in Aceh. This research aims to explore the relationship between exclusive breastfeeding and psychosocial problems in children in the city of Banda Aceh.The research method employed in this study is an analytical observational design with a cross-sectional approach. The population of this research comprises all children aged 4-6 years old. Samples were obtained using a cluster sampling technique, involving 296 children from 5 villages around one of the public health centers in Banda Aceh. Data analysis in this study is conducted using a logistic regression test.The results of the study indicate that the percentage of children aged 4-6 years in Banda Aceh who have received exclusive breastfeeding is 261 children (88.18%), while the number of children with psychosocial problems based on the Pediatric Symptom Checklist 17 is 27 children (9.12%). There is a significant relationship between exclusive breastfeeding and psychosocial problems in children aged 4-6 years in the working area of the Baiturrahman Public Health Center in Banda Aceh. Children who did not receive exclusive breastfeeding have a 5 times higher risk of experiencing psychosocial disorders compared to children who received exclusive breastfeeding during the first 6 months of life