Qanun Number Research Articles

THE POSITION OF QANUN 6 OF 2014 ON JINAYAT LAW TOWARD ACT 11 OF 2012 ON JUVENILE CRIMINAL JUSTICE SYSTEM RELATED TO CHILD CRIMINAL PUNISHMENT

This paper aims to describe the differences and the position of the legal rules for juvenile crimes between Qanun 6 of 2014 and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. This research is descriptive qualitative research. The results show that Qanun Number 6 of 2014 also regulates criminal sanctions for children, which are normatively regulated in Law Number 11 of 2012. In addition, Qanun, as Aceh Islamic criminal law legalizes canning punishment for children, as well as the double-track system adopted by The Law of Juvenile Criminal Justice System is not explicitly accommodated in Qanun. Qanun at the level of a Regional Regulation is part of the hierarchy of laws and regulations that should be in line with what generally applies at the national level. Law Number 11 of 2006 is being the basis of the authority to make Qanun, as long as there is no court decision invalidates it, Qanun Number 6 of 2014, which is a derivative of Law Number 11 of 2006, can be declared as "lex specialis" of The Juvenile Criminal Justice System law which regulates child crime. However, it does not rule out the possibility that in the future, the judicial review of the article can be conducted.

Strategi Penerapan Qanun No. 6 Tahun 2014 tentang Hukum Jinayah di Aceh

This study aims to identify the strategy of implementing Qanun (law) No. 6/2014 on Jinayah (the act of sin) law in the Aceh province, Indonesia. The challenges of implementing the Qanun were also investigated during the study. This investigation was conducted in Lhokseumawe (a city in the Aceh province) and is believed as the area where more violations of shari'a (Islamic canonical law) occurred. The research method adopted was qualitative and the data were collected through interviews and document analysis. The results of the study reported that there are still some personalities or local Acehnese opposed to the implementation of the Jinayat law qanun. Most communities were also lack understanding of this qanun implementation. The findings of the study imply that the communication strategy that has been carried out between stakeholders has not yet reaped maximum results. It infers that the implementation of Qanun No. 6/2014 on Jinayah law has not been going well in Lhokseumawe City due to several motives. One of them is a lack of communication between stakeholders. Besides, unfairness occurred in prosecute violators of Qanun number 2014 concerning the Jinayah law. This means that this law is only applied to ordinary people and not the families of government officials or the rich. Besides, the Qanun Jinayah also believed discriminated against women, especially the victims of rape. In this case, the Qanun Jinayah proffers a double strain on the victims where women victims of rape must present evidence and witnesses.

Pemberian bantuan hukum oleh posbakum kepada masyarakat kurang mampu dalam perkara pidana

The Government of Aceh launched a legal aid program for underprivileged communities to protect and provide assistance to disadvantaged people in Aceh who are facing legal problems. Legal assistance for underprivileged people has been mandated by Law Number 16 of 2011, Concerning Legal Aid. Aceh Qanun Number 8 of 2017 and Governor Regulation Number 10 of 2019 are local regulations issued to strengthen efforts to provide legal assistance to underprivileged communities. But in reality, the provision of legal aid to underprivileged people at the Lhokseumawe Class 1B District Court still experiences many obstacles, especially from Posbakum as the party that has provided legal assistance, but does not get assistance fees and other constraints. The formulation of the problem in this research is what are the obstacles faced by the Legal Aid Post to provide legal assistance to underprivileged people in criminal cases at the Lhokseumawe Class 1 B District Court and what efforts are made by the Legal Aid Post when overcoming obstacles to the implementation of providing legal aid to underprivileged people in criminal cases at the Lhokseumawe Class 1B District Court. This type of research is an empirical juridical research, namely an integrative and conceptual method of analysis to identify, process and analyze documents to understand the meaning, significance, and relevance that produces descriptive data in the form of written or spoken words from the people or observed behavior. The results showed that the obstacles faced by Posbakum in providing legal assistance to the underprivileged were the delay in receiving the indictment documents submitted by the court for the Note of Defense, the lack of budget, and psychological pressure experienced by the defendant from the start of the BAP to the ongoing trial and the lack of public understanding of the existence of legal aid provided by the State. Efforts made in overcoming obstacles to the implementation of providing legal aid to the underprivileged are requesting an indictment letter from the Bhakti Keadilan Legal Institute, requesting an allocation of funds for the implementation of legal aid for underprivileged people, providing moral support to the defendant and increasing socialization efforts about assistance Law from the State to the people. It is recommended that the Regional Government and the Aceh DPR be allocated funds to Posbakum to make it more effective and efficient in providing legal assistance to underprivileged people.

UNDANG-UNDANG JINAYAT SYARIAT ISLAM DI ACEH ANTARA IMPLEMENTASI, ISU DAN TANTANGAN

Qanun Jinayat is a criminal law unit that applies to the people of Aceh which is formed based on Islamic sharia values. This study aims to answer the suitability of the Aceh Qanun position with the statutory system, both in terms of implementation, issues and challenges in its implementation. This research uses the juridical normative method with references to Law Number 18 of 2001 concerning Special Autonomy, Law Number 11 of 2006 concerning Aceh Governance, and Qanun Number 6 of 2014 concerning the Law of the Law. The results of this study conclude that the Qanun Jinayat currently enforced in Aceh in its implementation there are challenges from both pro and contra communities, besides that there is also a growing issue that the application of Qanun Jinayat is contrary to the principles of statutory regulations and human rights.

Gender empowerment approaches: interventions through Qanun number 6 of 2009 in Aceh, Indonesia

Aceh is a province in Indonesia that makes Islamic sharia as one of the bases in policy determination, one of which is policies related to gender empowerment. It is interesting to be studied about the condition of gender empowerment in Aceh, especially after the ratification of Qanun Aceh No. 6 of 2009 on Women Empowerment and Protection. The study used descriptive qualitative analysis of secondary data obtained from BPS Aceh Province. The results showed that the implementation of Qanun No. 26 of 2009 related to the empowerment and protection of women is still not done to the maximum, either explicitly or implicitly. This is evidenced by the condition of Aceh Gender Empowerment Index which has a volatile trend from 2010 – 2019 with an index ranging from 52.06 to 67.4. The trend is strongly influenced by the three components of GEI, namely women’s involvement in parliament, women’s involvement as professionals, and women’s income donations. The involvement of women in parliament still does not meet the minimum figure of 30%. The involvement of women as professionals has a volatile trend. Meanwhile, women’s income contributions always increase every year.

ANALISIS HAMBATAN SAMPING PADA JALAN SUKA RAMAI KOTA LHOKSEUMAWE

Lhokseumawe City has several roads, including: Medeka Street, Trade Street, Suka Ramai Street and others. This road is one of the local roads with a length of 0.56 km which has an important role in supporting the development of the trade and services sector in the region. However, improper use of parking spaces and street vendors causes traffic jams along most of the road. This research was conducted to find out how much the influence of side obstacles that cause disruption of road traffic flow so that the performance of the road is not in accordance with the requirements. This road performance analysis uses the Indonesian Road Capacity Manual (MKJI) method, Permen PU No. 19 of 2011 and Permen No. 34 of 2006 concerning roads. There are two data needed in this research, primary data and secondary data, primary data needed are side barriers, data recorded on observations are pedestrians (PK), vehicle parking (PK), In and out of vehicles (KM) and vehicles running slow (TOS). While for secondary data the data needed is a location map, Qanun number 1 of 2014 concerning the Regional Spatial Planning (RT / RW) of Lhokseumawe City. From data collection and processing for three days, namely Sunday, Monday and Thursday, the highest data was obtained on Monday, 10 September 2018 at 17:30 - 18:30 West Indonesia Time, namely the side barriers on all observation days were very high.

MEDIATION SYSTEM IN DISPUTES OF OWNERSHIP PERSFECTIVE ACADEMIC ISLĀḤ (A Research in Aceh Besar)

This article will explain how the authority of village officials in resolving disputes over ownership of aid houses is mediated? To answer the problem above, the writer uses the descriptive analysis research method, where the data obtained is sourced from observations, interviews, photoshoots, document analysis, and field notes compiled by the writer at the research location which is not set forth in the form of figures. From the results of the study it can be seen that based on Aceh Qanun Number 9 of 2008 concerning the Development of Customary Life and Customs where village officials have the authority to reconcile disputes that occur within the community by deliberation / mediation and one of the village apparatuses that mediates the parties who disputes to end their disputes peacefully. The consequence of the mediation decision is the termination of the dispute that occurred and the parties agreed to make peace by making a peace agreement and carrying out the agreement accordingly. The concept of mediation in positive law is no different from the concept of iṣlāḥ in Islamic law which involves a third party to reconcile the disputing parties. The content of the agreement of the mediation that has been carried out by the parties, is allowed in Islamic law because the purpose of iṣlāḥ or mediation is to end the dispute.

The Local Government Strategies in Building Halal Tourism in Bener Meriah Regency

This study aims to determine the strategy of the Local Government of Bener Meriah Regency, in this case, what the Tourism Office has done in building halal tourism in Bener Meriah Regency. This research is a descriptive study with the support of qualitative data. Data collection techniques were obtained through in-depth interviews and documentation studies. The determination of informants was obtained by purposive sampling technique. From the research results, it was found that the Regional Government in building halal tourism in Bener Meriah Regency has not been optimal and is fixing everything related to the concept of halal tourism. Qanun Number 06 of 2018 concerning the Medium-Term Regional Government Plan for 2017-2022 through the first mission of the Regent of Bener Meriah Regency has set the policy direction for the development of the concept of halal tourism in Bener Meriah Regency. The sector that is carried out related to the concept of halal tourism has not touched anything in Bener Meriah Regency. The stakeholder understanding of the concept of halal tourism in local government policies is still limited to building tourism objects in Bener Meriah Regency so that in the future there will be evaluations related to policy directions regarding the concept of tourism halal in Bener Meriah Regency.

EKSISTENSI TUHA PEUT DALAM MELAKSANAKAN FUNGSI ANGGARAN DI GAMPONG BABAH KRUENG MANGGIE KECAMATAN PANTON REU KABUPATEN ACEH BARAT

Implementation of Gampong Government as contained in Qanun Number 5 of 2003 Chapter 1 General Provisions Article 1 Point 6 is a legal community unit that has the lowest government organization directly under the Mukim, which occupies certain areas led by a keuchik or other name entitled to hold housing matters own stairs. In Points 9 and 10 also mentioned that the government is called the Gampong government is the administration of the gampong government and Tuha Peut Gampong. As for one of the main functions of the Tuha Peut Gampong as contained in Article 31 of Qanun Number 5 of 2003, namely carrying out the Budget Function. Namely the authority to discuss / formulate and approve the draft Village Budget and Revenue and Expenditure (APBG). This research uses normative juridical methods and Empirical Juridical This study uses normative legal research methods, viz. The study refers to the principles, legal concepts, legal norms contained in the Statutory Regulations. The role and responsibilities of the government of Babah Krueng Manggie Village are needed to support all forms of development activities. In practice, the role of Tuha Peut in the budget function has not yet run optimally because members of Tuha Peut do not understand their duties and functions. This is caused by a variety of factors, such as low levels of education as well as the lack of participation of the Tuha Peut Gampong, resulting in a non-optimal implementation of the budget function. Keywords: Tuha Peut; budget function; Gampong government

PENGARUH WILAYATUL HISBAH TERHADAP PELANGGARAN AQIDAH DI KABUPATEN ACEH TAMIANG

<p><em>This study aims to determine how the influence of the existence of Wilayatul Hisbah on the good an bad behavior of the community in Aceh Tamiang district. The research method used is descriptive qualitative, namely by parsing, explaining, and describing the close problems in the study. Data collection techniques were carried out by observation, interviews involving Wilayatul Hisbah, the community, border preachers and several members of the village mosque youth and documentation. Data analysis techniques in this study were qualitative data analysis techniques using adjusted effectiveness indicators and the analized through data collection, reduction, presentation, and data collection stages. This research was conducted at the Wilayatul Hisbah office Aceh Tamiang Regency and the community. Since the implementation of Islamic law in Aceh province, the community must be more careful abaout committing violations that have been determined by the government in Aceh Tamiang district. One of the qanuns is qanun number 11 of 2002 concerning aqidah, worship, syi’ar Islam. Wilayatul Hisbah himself had a very important task as a major role in implementing the qanun. As we all know, every time there is a rule there is always someone who commits a violation, but at least with the existence of strict rules andsanctions the offender will be ashamed to commit the same violation.</em></p><p><strong><em>Keywords :</em></strong><em> Influence, Wilayatul Hisbah, Violations of Aqidah.</em></p>

KEWENANGAN PEMERINTAH KOTA LHOKSEUMAWE DALAM PENGELOLAAN DESTINASI PARIWISATA BERDASARKAN QANUN ACEH NOMOR 8 TAHUN 2013 TENTANG KEPARIWISATAAN

This study aims to find out how the implementation of the authority of the Lhokseumawe City Government in the Management of Tourism Destinations based on Aceh Qanun Number 8 of 2013 concerning Tourism. This research method is a qualitative method in the form of normative legal research, namely research that puts the law in place to answer legal problems faced through a statutory approach contained in related articles. The nature of this research is descriptive-analytic by using library research. Based on this research, it is explained that the Lhokseumawe City Government as the person in charge and plays a very important role in the management of tourist attractions must control the tourist environment. Barriers to managing tourism destinations are due to the government's lack of firmness to impose sanctions on the community. Efforts are being made by the Government by frequently conducting raids at tourist attractions in Lhokseumawe City. The writer's suggestion in this study is that it is hoped that the Lhokseumawe City Government will further improve supervision of tourist attractions and it is advisable to immediately impose sanctions on people who do and allow Lhokseumawe City Regional tourist attractions to be polluted by acts that are not polite and violate the Shari'a. Islam.
 
 Keywords: Government Authority, Management, Tourism Destinations, Aceh Qanun Number 8 of 2013.

Eksistensi Qanun Nomor 9 Tahun 2008 Dalam Penyelesaian Tindak Pidana Penganiayan Ringan Di Kota Langsa

The existence of the village as an MHA (customary villagers), is in accordance with Article 18B paragraph (2) of the 1945 Constitution. The problem is, what are the traditional rights of indigenous peoples in the empirical level of customary law, effectiveness of conduct, Qanun Number 9 of 2008 in the process of applying and implementing qanun No. 9 of 2008 in the Langsa City District area, in resolving adat cases was clearly deemed ineffective. Where in its application Qanun No. 9 of 2008 has not provided the maximum contribution in solving various problems in the Langsa City community, especially with regard to adat criminal cases. There are a number of customary criminal cases that have been resolved but have not yet given maximum contribution to the settlement. The discussion method that I will use in this study is a qualitative method. Qualitative Method is the study of various studies and collections of various types of empirical material, such as case studies, personal experiences, introspective recognition, life stories, interviews, artifacts, various texts and cultural productions, observations, history, interactional, and various visual texts. Various empirical study materials are presented in the details of the problem at various moments and various meanings and various individual lives of descriptive analysis methods. The results of the study found that, First: The pattern of the application of the fostering of customary life and customs in resolving customary criminal cases in the District of Kota Sigli has not necessarily guided by the Qanun, so it has not yet made a maximum contribution. Second: The effectiveness of the effectiveness of Qanun Number 9 Year 2008 in resolving customary criminal cases in Langsa City District can be seen from the size of the process and the verdict is not effective. In conclusion, the customary court in resolving a case must always be guided by Qanun Number 9 of 2008 in order to obtain a legal provision so as to make the community live in comfort.

KESAKSIAN PEREMPUANDALAM QANUN ACEH NO. 7 TAHUN2013TENTANGJARIMAHZINA (PERSPEKTIF HUKUM ISLAM DAN GENDER)

Abstract; Aceh Qanun Number 7 of 2013 concerning the Jinayat Procedural Law, there is an article which regulates the evidence in the case of jarimah adultery, namely Article 182 paragraph (5) but does not mention the testimony given by women. The formulation of the problem is how Qanun stipulations No. 7 of 2013 concerning the proof in Jarimah Adultery, and how to review the testimony of women in the case of Jarimah Adultery according to the perspective of Islamic Law and Gender. Writing This article is categorized in normative legal research that is a legal research carried out by examining mere literature or secondary data. From the research results obtained reads Article 182 Aceh Qanun No. 7 of 2013 shows that witnesses are evidence. In the context of gender, the testimonies given by women and men are the same. Seeing the testimony as evidence in Islamic law, the differences of opinion between jumhur and Ibn Hazm can be concluded as complementary diversity. The diverse power of witnesses in a case requires that a Judge make a legal discoveryKeywords: Testimony, Women, Jarimah Adultery, Islamic Law, Gender

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.

Legal Protection for Disputing Parties through the Aceh Customary Court

Article 13 paragraph (1) of the Aceh Qanun Number 9 of 2008 on the Development of Customary and Indigenous Life discussing customary disputes mentions that ideally, the customary court can solve customary disputes. However, sometimes, it can not solve all cases and provide legal protection for all disputing parties. This study aims to explain the process of resolving private disputes through the customary court and providing legal protection for the parties. This type of research was empirical juridical with qualitative analysis. The results showed that a dispute resolution process could be done through two models. First is through customary judicature using formalized procedures by involving customary instruments. Second is using positive law indicator by not providing legal protection for the parties. Certain parties will typically file a lawsuit again after getting the customary court's decision. This research suggests collaboration among the Government, the Police, and the Customary Assembly in consistently promoting the customary court and improving the quality of customary instruments.

Revitalisasi Penerapan Qanun Nomor 6 Tahun 2014 tentang Hukum Jinayat di Kota Langsa Aceh

This paper examines the problem of implementing the qanun jinayat in Langsa City Aceh Darussalam after the stipulation of Qanun Number 6 of 2016 concerning Jinayat Law, there are at least two groups of pros and cons to the enforcement of the Qanun Jinayat, the pro groups consider that the enforcement of the Jinayat Qanun is already good otherwise the contra group views that the enforcement of the Jinpu Law Qanun Jinayat is not optimal and seems to be selective so that many people underestimate the task of wilayatul hisbah and the Islamic Sharia Service. This type of research is non-doctrinal and the approach used is the sociological approach. Data collection techniques used are interviews and documentation. After conducting research it was found that enforcement of qanun jinayat in Langsa City Aceh Darussalam has not been implemented well. This is caused by several factors, namely: (1) the legal substance which shows that the contents of the qanun jinayat in Aceh are weak from the aspect of legal protection for women so that it is considered discrimination; (2) the legal structure relating to law enforcement is felt not to be firm against perpetrators of violations of the qanun jinayat; (3) the culture of legal awareness of the community is low so that jinayat violations still occur; (4) morality of law enforcement and fifth, legal support facilities.

Manajemen Dayah Inklusif: Pendidikan Alternatif bagi Anak Tunanetra Aceh

This study aims to describe the opportunities for the formation and initiation of the concept of inclusive Dayah management as an alternative education for Aceh blind children. Public education institutions in Aceh have facilitated the needs of many blind children, but Islamic-based educational institutions specifically do not yet have institutions that facilitate their needs. This research is a type of library research using an educational institution management approach. The results of the study showed that the Establishment of Inclusive Dayah was supported by the Aceh government policy system by establishing the Provincial and District/City Dayah Education Office, and enacting the Aceh Qanun Number 11 of 2014 on the Implementation of Aceh's Education and Law Number 20 of 2003 on the National Education System. Management of Inclusive Dayah for blind children can be carried out with the Special Inclusive Dayah Model, Visiting Class Inclusive Dayah, and Special Class Inclusive Dayah. Inclusive Dayah is an education service system that provides opportunities for school-age children with disabilities, especially children with visual impairment who are in the territory of Aceh Province by paying attention to diversity and individual needs. The potential of children with visual impairment can develop optimally in science along with the priority on Islamic religious education.

Evaluation of Policies on Aceh Qanun Regulation

In Aceh development activities are basically carried out actively, arief and wise including in applying a regional policy in the form of Circular (SE) Number 450/21770 which contains about the prohibition of holding recitation other than I'tiqad Ahlussunnah Waljamaah which is sourced from the Shafi'ite School law well, around last December 2019 that made a commotion in the public in Aceh. This causes great concern for the community regarding the clash of the Circular with article 14 paragraph (3) of the Aceh Qanun Number 8 of 2014 which regulates the Principles of Islamic Sharia stating that the holding of worship which does not refer not to the Syafi'i sect is permitted. Given as long as within the framework of the Hanafi, Maliki and Hambali mazhas by always promoting harmony, ukhuwah Islamiah and peace within the Muslim community, even though hierarchically the Circular Letter (SE) legislation is lower than Qanun, which is likely to use political means as a driving force for local government.

Handling Cases of Sexual Violence against Children in North Aceh Regency (Overview: Law Number 23 Year 2002 and Aceh Qanun Number 11 Year 2008 Concerning Children Protection)

The impact of sexual violence in northern Aceh has destroyed the rule of law, individual rights and social order, through writing it will describe and analyze efforts to handle cases of sexual violence against children in the northern Aceh district. This type of research includes normative juridical research in which qualitative information and research data are mostly in the form of texts and a number of case studies. The results showed that: sexual violence against children in the district of North Aceh, namely rape, sexual harassment, sodomy, incest, escaping underage girls, molestation and intimidation. Adult actors sometimes have blood relations, kinship, educational relationships and have intimate relationships. Forms of handling cases by social services under the control of P2TP2A service units in collaboration or in partnership with various parties / institutions starting with assistance in the community, psychological recovery of victims, bringing victims to the doctor for vise and then proceed to the police station, continued to assist until the legal process in court there is legal certainty then the next handling will be handled by the government through the North Aceh district social service by maintaining security, fulfillment of restitution rights for victims, but this hope has not been realized maximally because the North Aceh district government has not made a comprehensive program for rehabilitation of victims, generally victims handed over to the family and facilitated to be entrusted in the salafi boarding school (traditional).