An outstanding feature of Aceh Special Region is its autonomy relating to the administration of Islamic Criminal justice system. Undoubtedly this power is one of the key features of the devolution of power to the region. It is a tedious process with numerous challenges and obstacles. The research paper aims to examine whether the prolonged development pertaining to the Islamic Criminal justice system's administration is due to the constitutional and administrative arrangements or actually lies in society. Devolution requires well-structured and systematic planning and execution. It involves various mechanisms and touches many issues. To blame the system for protracted progress is not something unexpected. However, the perception of the public or society of Aceh relating to the Shariah Criminal Justice System also has a significant impact. The research shows that despite the general manifestation of the local population's willingness and support for the system, some issues have emerged. The research reveals that the challenges and obstacles in prolonged development come from both the society and the system. Lack of understanding of the society towards Syariah Penal Code, problems faced by members of the People Representative Council (DPR) Aceh in drafting the Code, and the need to ensure strict compliance of the Code with Syariah are among obstacles faced. The issues and their effect on the implementation and enforcement of Aceh's Syariah Penal Code are scrutinized in the research paper. This is a qualitative study based on library and internet research. It is also legal research whereby the relevant laws are examined. The devolution in Aceh is more complicated than in other regions because it is coupled with "dualisme hukum" or legal pluralism within the Indonesian legal system.
This paper is an attempt to analyse the role of pre-trial processes in the criminal justice system in Malaysia as far as the speedy justice is concerned. Before 2010, Malaysia faced a huge backlog of criminal cases in the court; however, it made amendments in the code of criminal procedure and introduced the pre-trial processes in the criminal justice system of Malaysia to resolve the huge backlog and to promote the speedy trial. The researcher in this research has determined and explored that how pre-trial processes work in the way of disposal of criminal justice, and how it has reduced the huge backlog of criminal cases from the courts. The researcher has explained many case laws, provisions of criminal procedure code and described the opinions of judges and legal entities in Malaysia.
After about two decades, decentralization gained momentum in Aceh, it is timely to assess to what extent the aims and objectives of the decentralization have been achieved. This research paper initially seeks to determine the underlying factors and causes of the decentralization in Aceh Special Region. The relationship between the factors and reasons and the objectives and aspirations of the decentralization shall provide a clear overall framework of what the expected outcome of the whole process. The following part of the paper observes what is taking place in Aceh in relation to the aims and objectives. This would allow an assessment as to what extent the decentralization has achieved its objectives. The research paper would also take note and highlight the challenges and obstacles in achieving the process. This is a qualitative study based on library and internet research. It is also legal research whereby the relevant laws and constitutional provisions were examined. The data and legal authorities were analyzed accordingly. The study shows that the objectives of decentralization are not fully achieved. However, the agreement which gives autonomy to Aceh has contributed to peace and order to the region. It also accommodates the distinct identity of the Acehnese and provides limited political power to the Aceh Government.
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