Law In Aceh Research Articles

RELASI PENYELENGGARAAN PERADILAN PIDANA YANG CEPAT, SEDERHANA DAN BIAYA MURAH TERHADAP PELAKSANAAN PIDANA CAMBUK DI NANGROE ACEH DARUSSALAM: KONSTRUKSI TERHADAP PEMBAHARUAN RUU KUHP

Article 2 paragraph 4 of Law no. 48 of 2009 concerning Judicial Powers of Punishment states that trials are carried out in a simple, fast and low cost manner. This principle has been implemented in the implementation of the imposition of caning in Aceh. The implementation is in an open field and ends in 1 day. It is interesting to study from the principles of fast, simple, and low-cost justice. The execution of the caning sentence which ends in 1 day embodies the principle of a fast trial, carried out in the open field by wearing a certain size of rattan, showing a simple trial. The implementation also demonstrates the principle of low-cost justice. In the perspective of the Criminal Code Bill, the implementation of this punishment is based on living law and has been stated in the applicable law in Aceh, realizing the criminal objectives of prevention, fostering perpetrators, restoring balance, and resolving conflicts. Its rationality rests on the laws that live in Aceh, and embodies the principles of fast, simple and low-cost justice. Philosophically, this punishment is built on the basis of the Acehnese people's view of life which relies on philosophical values ​​derived from Islamic law. Sociologically, caning has been around for a long time in Acehnese society. Juridically normative based on the 1945 Constitution, the implementation of caning reflects the law that lives in society as an embodiment of customary units that apply in Acehnese society as stipulated in Article 18 B.

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.

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 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.

Women and Coffee Shops: Negotiation of The Identity of Modernity and Piety in the Sharia Public Space

Women often get discriminatory treatment in public spaces. Especially in a still strong patriarchal culture, women cannot move in public spaces. There are several studies on the image of Muslim women and their lifestyles, defending the argument about their resistance to the hegemony of religious culture to express a social identity in line with modernity. This paper intends to put forward a different argument. Based on a case study in Langsa, Aceh, this paper discusses how Muslim women negotiate a pious identity and lifestyles based on social practices at coffee shops. Data were collected through observation, interviews, and focus group discussions (FGD) with female consumers, business owners, and coffee shop staff. Using the docile agency proposed by Saba Mahmood, this paper argues that the implementation of Sharia law in Aceh causes young women to have creativity in seeking a synthesis between piety, lifestyle, and modernity. This finding challenges the views of several feminists who claim that the increasing religious performance in the public sphere impacts the marginalization of Muslim women's social identity and autonomy. In contrast to this view, the current study shows the ability of Muslim women in Aceh to find a creative combination of piety, modernity, and a lifestyle that fits their era.

Otoritas Wilayatul Hisbah dalam Pemerintahan

This research wants to discuss about “wilayatul hisbah” authority in government. A review of the enforcement and supervision of law in Aceh. In this study, the authors use the library research (library research), and data collection is done by reviewing the literature that relates to wilayatul hisbah and other books related to the discussion of this study as a secondary material, so that the pattern is in the form of qualitative. In addition, the analysis by the writer is descriptive analysis. From the results of this study found the conclusion that the authorities Wilayatul Hisbah (WH) in government in a historical perspective covering prevent unjust enjoining enforcement and supervision. Wilayatul Hisbah (WH) is one of the judiciary in the government system, and is an official institution established by the government of the Islamic state. Hisbah region oversees things seem (Zahir) and already ma'ruf in the community. In addition to overseeing, Hisbah region also has the authority to sentence those who violated the Shari'ah. While authorities Wilayatul Hisbah (WH) in the context of the Aceh government can be detailed as follows: first, To supervise the implementation and violations of laws and regulations in the field of Islamic Shari'ah, both friendly, spiritual guidance and advocacy against any person based on preliminary evidence worth is alleged to have violated the laws and regulations in the field of Islamic shariah. Third, Slate advised, prevent and prohibit any person who should presumably have been, are or will be in violation of the laws and regulations in the field of Islamic Shari'ah. fourth, Bestows case a violation of legislation in the field of Islamic Shari'ah to investigator.

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.

CRIMINAL LAW AND SOCIAL DEVELOPMENT IN ACEH

Changes and social developments in people's lives will have consequences for legal changes in various aspects of life because these various aspects are interrelated with each other. Changes and social developments that occur in society necessitate a change in the conception of crime in criminal law. Therefore, the crime itself is one of the means to tackle crime, while the crime itself is the impact of social changes and developments. The presence of criminal law with all its concepts and characteristics is essentially a response to various destructive social phenomena that occur in society. The public will be in a state of disorder if it is not "guarded" by criminal law. Aceh, after the regulation of the jinayah qanun was passed, certainly provided a breakthrough in the concept of criminal law in Indonesia, where the shift in criminal sanctions given in the form of imprisonment turned into uqubat whips for perpetrators of crimes. The goal to be achieved is to see how the social life of the Acehnese people contributes to changes in the concept of criminal law that has existed so far, by using the literature review method with a conceptual and historical approach so that later it will be found that the dynamics of changing criminal law in Aceh are strongly influenced by social developments because they are faced with challenges. ever-changing social reality

The Existence of Panglima Laot and Its Function as the Form of Local Wisdom: A Case Study of Meureubo District in Aceh Province, Indonesia

Indonesia expressly recognises and respects indigenous and tribal peoples' unity, as well as their traditional rights, for as long as they are alive and follow the development of the community and the principles of the Unitary State of the Republic of Indonesia, as stipulated in the Act. Adat Laot law in Aceh is one of the local wisdom that still exists in regulating the interrelationships in the process of managing marine areas and the various resources within them. In the adat laot law enforcement process, there is the Panglima laot institution, which is an adat institution that has the authority to carry out adat laot regulations and settle disputes related to adat laot law. The existence of this institution is regulated in Law Number 11 of 2006 concerning Aceh Government article 98-99 and 164 paragraph (2) letter e. This study concludes that carrying out the duties, authority, and responsibilities of the Panglima Laot Adat Institution, it has not yet been effective as expected by the law, in addition to the institutional structure, the role of the Panglima Laot institution is also unclear, especially issues related to fishermen. Therefore, it is recommended to the Regional Government of West Aceh Regency to revive and foster the existence of the Role of the Panglima Laot Adat Institution, related to the authority, functions and responsibilities by the mandate of legislation.

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.

Persepsi Perempuan Bireuen terhadap Rancangan Qanun Poligami di Aceh (Analisis Menurut Teori Self Perception)

This research was conducted in Bireuen Regency, Aceh in 2021 using a qualitative descriptive method based on field research using a self-perception theory approach. This theory serves to analyze how women's perceptions regarding the draft qanun on family law in Aceh regarding polygamy were initiated by the Aceh provincial government through the Islamic Shari'a Service and discussed at the legislative level in August 2019. The number of informants in this study was 100 women who were taken as samples. in 6 sub-districts out of 17 sub-districts in Bireuen Regency. Informants were classified into three social classes consisting of religious, bureaucrats, and business people. The results show that negative perceptions of polygamy regulation are influenced by empirical stimuli and negative stigma in society, where polygamy is attributed as a betrayal and male domination in the household. However, after knowing the substance of the qanun, their perception drastically changed. 60% of informants agree because they perceive that the draft qanun is a regional regulation that can strengthen the existing law on polygamy. Meanwhile, 40% of informants perceive that the draft qanun can motivate a husband to polygamy and the decision of the Sharia Court to give permission for polygamy to the husband if the wife is sick. 5% of informants are antipathy to any issues, even regulations regarding polygamy.

EFEKTIVITAS PELAKSANAAN QANUN NOMOR 6 TAHUN 2014 TENTANG JINAYAT DI KABUPATEN ACEH UTARA

The enactment of Aceh Qanun Number 6 of 2014 concerning Jinayat is expected to be able to answer the question of the increasing number of jinayah perpetrators in Aceh, especially in North Aceh Regency, but it has been 5 years since the enactment of the Qanun that perpetrators of jinayah in North Aceh Regency are increasing every year, so the expectations the aspirations of the Acehnese people through the Aceh Qanun have not been achieved. The method in this research is empirical juridical which is intended to conduct an assessment of the socialization of jinayat law in Aceh, especially North Aceh and to see the legal reality in society as well as to see the effectiveness of the law in reducing the number of jinayah perpetrators in North Aceh Regency. The results showed that: The socialization of the Jinayat Qanun to the community had been carried out by the Islamic Shari'a Service and the Wilyatul Hisbah, North Aceh Regency, but it was still not perfect, it was only carried out with one method, namely lectures and the media used were also limited, so it did not reach the whole community, then the Qanun Aceh Number 6 of 2014 concerning Jinayah has not been effective in reducing the number of perpetrators of jinayah in North Aceh, this can be seen by the increasing number of criminals every year.

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.

THE CONTESTED AUTHORITIES: Institution and Agency in the Enforcement of Sharia Law in Aceh, Indonesia

<p><strong>Abstract:</strong> This article is aimed to explore the contested authorities in the enforcement of sharia law in Aceh. The existence of these contesting authorities could be observed in the qanun shari’a (the shari’a bylaws) formulation and implementation processes. In Aceh Province, this contestation is also further complicated by a wider contestation among formal and non-formal actors, representing pluralities of Aceh jurisprudence perspectives. Hence, the dynamic of sharia law products and its implementation in Aceh actually [re]presents a unique situation of how pluralities of actors could influence the Sharia Law formulation and its enforcement, and this is also mediated by the historical, political and cultural contexts. This research utilizes a qualitative approach, through a library research data collection which is also combined by few interviews. Generally, it seems that the authorities or agencies of both formal and non-formal institutions sometimes intersect, overlap and contest, which also complicate the production or of the incorporation of moderate Islamic thought. </p><p><strong>Keywords:</strong> religious authority, institution, agency, Islam in Aceh, shariah law</p>

ANALISIS STUDI SYARIAH DI SEKOLAH DAN MADRASAH DALAM PEMBELAJARAN PAI

The implementation of Sharia Law (Sharia) in Aceh has been going on for some time. Since the implementation of Sharia Law, many violations of Sharia Law have been found in Aceh. The implementation of Sharia Law must also be accompanied by education related to Sharia Law. So far, at the level of formal education, subject that can be categorized as having a connection with the implementation of Sharia Law in Aceh is PAI (Islamic Religious Education) subject. Therefore, this study aims to examine the application of sharia law study in schools and madrasah through PAI learning. An in-depth analysis is applied to various documents related to the 2013 curriculum, especially PAI subject in schools and madrasah at the upper secondary level. The results show that there has been an application of sharia law study through PAI learning in schools and madrasah. Furthermore, based on document evaluations, it is also found that the time allocation for PAI learning in schools is less than the time allocated for PAI learning in madrasah. The time allocation for PAI learning in madrasah is more due to the fact that each PAI component is a separate subject and has its own time allocation.

Dynamics of Law Enforcement of the Islamic Criminal Law in Aceh in the Indonesian Democratic System

<p>This study focuses on analyzing the dynamics of the application of the Criminal Code <em>(Qanun Jinayah)</em> in the Aceh region. In the Pancasila democratic system run by the Indonesian state, the government guarantees the right of every citizen and belief group to manifest their teachings, but there are some areas that have the authority to enforce special policies such as Aceh which has ratified regional regulations based on Islamic law and the State supports the application of the rules. the. The method used in this study is descriptive qualitative research expected to be able to reveal qualitative information with description-analysis using the strategy used in this research is a case study. This research indicates that the implementation of <em>Qanun Jinayah </em>carried out in Aceh often results in differences of opinion because some parties consider that the application of the law overlaps with human rights which is usually implemented in democratic countries such as Indonesia, moreover the law also applies to non-Muslim residents who live in Aceh. However, there are also several parties who continue to support the implementation of the <em>Qanun Jinayah</em> to continue to be enforced because they have followed special rules ratified by the Government of Indonesia.</p><p> <em>Penelitian ini berfokus untuk menganalisa dinamika penerapan Peraturan Tindak Pidana (Qanun Jinayah) di wilayah Aceh. Di dalam sistem demokrasi Pancasila yang dijalankan oleh negara Indonesia, pemerintah menjamin hak setiap warga negara maupun kelompok kepercayaan untuk memanifestasikan ajarannya, namun terdapat beberapa wilayah yang memiliki otoritas untuk memberlakukan kebijakan khusus seperti Aceh yang telah mengesahkan peraturan daerah bedasarkan syariat Islam dan Negara mendukung penerapan aturan tersebutMetode yang digunakan di dalam penelitian ini adalah kualitatif deskriptif yang dimaksudkan untuk menganalisa topik secara mendalam serta menggunakan strategi studi kasus. Penelitian ini mengindikasikan bahwa penerapan Qanun Jinayah yang dilakukan di Aceh sering kali menghasilkan perbedaan pendapat dikarenakan beberapa pihak menilai bahwa penerapan hukum tersebut tumpang tindih dengan hak asasi manusia, apalagi hukum tersebut juga berlaku bagi penduduk non-muslim yang tinggal di daerah Aceh. Meskipun demikian, terdapat juga beberapa pihak yang terus mendukung penerapan Qanun Jinayah tersebut untuk dapat terus diberlakukan karena sudah mengikuti aturan khusus yang disahkan oleh Pemerintah Indonesia</em></p>

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.