Law In Aceh Research Articles

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.

UPAYA PERDAMAIAN UNTUK PENYELESAIAN PERKARA PIDANA Reaktualisasi Kearifan Lokal dalam Hukum pidana Indonesia

One characteristic of Islamic law is not explicitly distinguished between the domain of public law with private law. Sanctions for deliberate murder is Qisas for example, where the victim's heirs have more permanent role to choose the death penalty imposed (Qisas) or give forgive me by asking Diyat (compensation). Amount number of Diyat is also can be negotiated through a kind of mediation method called Shulh (peace). So here the element of private law is more dominant. Even Diyat can be released at all heirs of the victim initiatives. In this last case the State may punish the offender with ta'zir, so here its public law elements recur. This idea is not unknown in Indonesian positive law provisions. The victim had usually been involved as a witness in his father murder case or rape case against her. In customary law in Aceh there are several institutions in efforts to realize peace for criminal cases, namely in the form of adat meulangga, dhiet, sayam or takanai (South Aceh). Principles of peace settlement of disputes may also be considered not only for civil cases but also in criminal cases. Thus the doctrine that says the criminal nature of a case will not remove although there is peace agreement, would need to be revisited. However it is important also to restrict that not every criminal case could be solved by peace agreement. Criminal cases like premeditated murder and rape should be excluded from the possibility of peace agreement.

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.

The Politics of Criminal Law on The Protection of Rape Victims Based on the Qanun of Jinayah in Aceh

A country must protect its citizens, including the rape victims. Unfortunately, the protection is not clearly regulated in the form of restitution and compensation in the Criminal Code (KUHP) and Law Procedures Code (KUHAP). The issuance of Qanun Number 6 the Year 2014 about Jinayah Law has contributed significant changes and progress to the protection of rape victims. The study focused on how the politics of criminal law protects rape victims based on the Qanun of Jinayah law in Aceh. The research applied the normative juridical method, specifically analytical descriptive research. The data sources were primary and secondary legal sources. The data analysis was conducted qualitatively. The result indicated that there are two types of protection in the politics of criminal law on the protection of rape victims based on the qanun of jinayah law. First, the ta'zir penalty or fines in the form of gold to the perpetrators. Second, the payment of uqubat restitution from the perpetrators to the rape victims, a maximum of 750 grams of pure gold.

DAYAH AND MEUNASAH IN ACEH: REFORM IN LOCAL CONTEXT


 The history of Islamic education in the early 20th century led to various changes, especially the emergence of madrasas as an Islamic schooling system. Traditional Islamic educational institutions inevitably have to harmonise and open themselves to transformation, even though they initially experienced opposition. Using a qualitative approach with a narrative documentation method based on historical texts and observations in several Islamic educational institutions in Aceh, this article focuses on revealing the history of the dayah and meunasah as a traditional Acehnese Islamic educational institution that underwent some fundamental changes. The results found: First, the existence of the dayah is more long-term than the meunasah even though both forms of this institution are rooted in the same ideological principles with different patterns, seen from the early 20th century until implementing sharia law in Aceh after the Helsinki peace agreement, the dayah was still existed by maintaining its institutional form. Second, the emergence of madrasas as a formation of the government’s political policy on the social conditions of the people that occurred has provided space for traditional Islamic educational institutions (such as the dayah) to open themselves to including general subjects, although this second result has led to struggles; Third, there is a contestation between dayah, Islamic schools, and madrasas, with public schools driven by traditionalist and modernist groups in maintaining their existence. The contest has opened the history of the dayah and meunasah into the form of public schools and madrasas in the future, both of which apply Islamic religious material, where public schools are superior to madrasas in terms of curriculum, educational programs, and human resources.

THE LEGAL POSITION OF WORKERS AS PREFERRED CREDITORS WHO BECOME THE APPLICANT FOR BANKRUPTCY AGAINST THE COMPANY

This study aims to trace the contradictions of sentencing arrangements in child sexual abuse crimes in Aceh after the enactment of Qanun No. 6 of 2014 with Law No. 35 of 2014 on Child Protection. The regulation of child sexual abuse punishment in jinayat law in Aceh has different interpretations from other laws and regulations, including Law No. 35 of 2014 on Child Protection. So the essence of the deterrent effect for perpetrators that should be part of the goal of criminalization is not so achieved. In addition, Qanun Jinayat also has the potential for impunity for the government with Article 9 and Article 11 Qanun No. 6 of 2014 on the reasons for justification and forgiving reasons. The method used in this paper is a normative juridical method, using secondary data or library data. The study results showed that in Aceh, there had been a dualism of the legal regulation of child sexual abuse. The provisions of qanun jinayat are still many shortcomings in providing protection and rights for children as victims, so law enforcement tends to choose positive laws. It is recommended that the Aceh government to harmonize the law between jinayat law provisions and positive laws relating to sexual harassment.

PENERAPAN DIVERSI TERHADAP ANAK YANG BERKONFLIK DENGAN HUKUM MENURUT QANUN ACEH NOMOR 9 TAHUN 2008 TENTANG PEMBINAAN KEHIDUPAN ADAT DAN ADAT ISTIADAT DAN UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK

The background is by two law applications that apply in Aceh, the first law that generally applies in Indonesia and the second one that applies specifically in Aceh, the Law Number 11 of 2012 concerning the System Juvenile Criminal Court is a way out for better handling of children conflict with the law. The law regulates diversion where there are two important things that have a special place in the SPPA Law, namely restorative justice and diversion.
 The results showed that the resolution of the problem of children conflict with the law in Aceh consists of two legal applications, starting with the mediation process according to Aceh Qanun Number 9 of 2008 concerning fostering customary life and customs Development with the aim that these problems can be resolved amicably according to the Decree Joint between the Governor of Aceh and the Aceh Regional Police and the Aceh Traditional Council No 189/677/2011 dated 20 December 2011 concerning the Implementation of the Gampong and Mukim Adat Courts, but if during the mediation process no agreement is found then proceed to the legal process according to the Law Number 11 of 2012 concerning the Criminal Justice System for Children.

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.

The Lived Experience of a Non-Muslim Chinese in Indonesia's Sharia-Regulated Province of Aceh: A Phenomenological Study

This study aims to picture intergroup relationships between Muslim Acehnese and non-Muslim Chinese communities in the Peunayong-regulated province Aceh, Indonesia. A descriptive phenomenological case study methodology was employed to examine the lived experiences of a particular group of people, and at the same time to explore a particular place in Aceh called Peunayong or Chinatown, and the life of its communities. The qualitative research approach was employed in collecting the data through observations, personal interviews, and documents analysis. Phenomenological interviews were conducted from one Muslim Acehnese and one non-Muslim Chinese who have been living for a long period in Peunayong district. Three main themes were merged and discussed in the findings, namely: (a) Peunayong as the symbol of tolerance; (b) non-Muslim and the Sharia law; and (c) discrimination in the Sharia law. In general, despite the implementation of Sharia law, Aceh has been seen as tolerant since Islamic law is limited only to the Muslim population. The portrait of harmony, tolerance, and peace in social-civic between Muslim Acehnese and Non-Muslim Chinese can be witnessed around Peunayong district, either activity related to trading or business, mores, and culture. Meanwhile, this study suggests that the implementation of Sharia law in Aceh should not only to achieve the popular name of “The Veranda of Mecca” or as a symbol and a name, or for political purposes, but its implementation should provide a welfare impact to local communities including Muslim and non-Muslim alliances, also to support religious freedom and solidarity between religious communities.

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.

ANALYSIS OF ABSOLUTE COMPETENCE OF DISTRICT COURTS AND SYARI’AH COURTS IN ADJUDICATING JARIMAH OF CHILD SEXUAL ABUSE IN ACEH

The District Court and Syari’ah Court (Mahkamah Syar’iyah) jurisdictions to deal with child sexual abuse cases have still overlapped. This issue generates legal uncertainty in the enforcement of Jinayat Law in Aceh. This study aims to analyze the resolution patterns over child sexual abuse cases in Aceh, the resolution patterns over child sexual abuse cases at District Courts, and the efforts to solve dualism issues of the courts in trying child sexual abuse cases in Aceh. This study employed a juridical-empirical method that attempts to analyze behaviors of law enforcement officials in handling sexual abuse cases in Aceh using case and statute approaches based on the rules and principles of law studies. The legal materials utilized in this study were Law, Qanun, Government Regulation, and Syari’ah Court and District Court Decisions. Data were analyzed qualitatively. The findings reveal that both District Courts and Syari’ah Courts still settle sexual abuse cases. The results also point out that the resolution patterns in adjudicating sexual abuse cases at District Courts are categorized into adult offenders and young offenders. The provisions stipulated in the Criminal Procedure Code (KUHAP) are applied for adult offenders, while the Juvenile Criminal Justice System Law is regulated for young offenders. The efforts to overcome dualism are generating new policies by the Supreme Court to delegate the authority to solve sexual abuse cases and other jinayat cases from District Courts to Syari’ah Courts, and the issuance of Memorandum of Understanding (MoU) between Aceh Syari’ah Courts, Aceh Regional Police, Aceh High Prosecutor’s Office, and Aceh High Court governing the authorization limits over the settlement of jinayat cases.

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.

Aceh, Qanun and National Law: Study on Legal Development Orientation

This study wants to examine the suitability of Aceh Qanun with National Law related to the Hierakicity of laws and regulations in Indonesia. In theory it is possible that the Aceh Government can build its own hierarchies that are not the same as the Central Government. This relates to the authority of the Aceh Qanun which is not the same as the Regional Regulation but the hierarchy that is built but meets the basic norms of the Indonesian constitution. There are two focuses which are the focus of this research. First, what is the character of the Aceh Qanun as a legal umbrella in the implementation of post-autonomy Aceh and post-peaceful Aceh? Second, What Is the Future of Law in Aceh? The results of the first research, the character of the Aceh Qanun as a legal umbrella in the implementation of post-autonomy Aceh and post-peaceful Aceh is expected to be able to build Aceh better because of the presence of Law Number 18 Year 2001 and Law Number 11 Year 2006 regarding new hopes for the people of Aceh itself specifically in the field of Islamic sharia. Second, the future of law in Aceh in the discussion of legal development, is greatly developing from creating new norms in Aceh Qanun Number 6 of 2014 concerning Jinayah Law, because regulating jinayah law in Aceh does not have to draw the Criminal Code or the Criminal Procedure Code.

English Sharia Police: Gender Discrimination, and Elite Politics in Aceh

The first part of this paper will argue that under Shariah Law in Aceh the Shariah Police as an agency that implements the enforcement of Islamic law based on Law No.11 / 2006 on the Government of Aceh. There are several aspects which contribute to this systematic expansion of women which will be discussed in this paper. These aspects include the fulfillment of the Wilayatul Hisbah or Shariah Police body in the contribution of the implementation of the Qanun Jinayah, and more importantly, women get justice behavior both legally and practically towards the community. The second part of the paper will explore what is or rather what should be gender discrimination in the interim of criminal law, and the number of violence was the increase from 2005 to 2019. Finally, it will discuss the possibility of overcoming these obstacles by giving greater consideration of the role of elite politic in the implementation of Shari Law in Aceh.

Language, identity, and ideology: Analysing discourse in Aceh sharia law implementation

The implementation of Sharia law in Aceh in 2001 has ignited various reactions from both national and international communities. Some argued that this Sharia law could have a detrimental effect on human rights issues. Others claimed that as a province populated by the Muslim majority, Aceh should be given an opportunity to legalise its own legal product, ensuring that Sharia law is part of Acehnese religious values. This paper is primarily concerned with analysing the texts taken from The Jakarta Post newspaper’s article regarding the formal implementation of the local Sharia law in Aceh. The article is examined by means of various tools in Discourse Analysis method, including social identity, speech acts and implicature, genres and register. The findings elucidate that the speech and discourse of the participants and their interpretation are highly influenced by identity and community ideology of the speakers.