Analisis Yuridis Terhadap Rumusan Jarimah Pemerkosaan dalam Qanun Aceh Nomor 6 Tahun 2014 Tentang Hukum Jinayat

Azkha, Umarani; Abbas, Syahrizal; Din, Mohd Fadhil Md

doi:10.29240/jhi.v5i2.1784

Cited by 4 publications

(4 citation statements)

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“…Qānūn of jināyāt is a new legal system and is part of the history of jināyāt thought and the implementation of Islamic law in various regions around the world. One of the four main principles in the formation of qānūn of jināyāt is al-muḥāfaẓah 'alā al-qadīm al-ṣāliḥ wal akhdhu bi al-jadīd al-aṣlaḥ which means preserving tradition while continuing to innovate (Azkha et al, 2020). The first Acehnese regulation related to the implementation of qanun jinayat was Regulation No.…”

Section: Discourse On Islamic Law In Acehmentioning

confidence: 99%

The Implementation of Qanun Jinayat in Aceh

Fauzah Nur Aksa,

Saifullah,

Farabi

2023

AJISH

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Aceh is the only region in Indonesia granted special rights to implement Islamic law within its territory, as stipulated in Law No. 44 of 1999 regarding the administration of special autonomy in the Aceh Special Region. This uniqueness can be seen as a political solution to the long-standing conflict in Aceh. Several institutions serving as enforcers of Islamic law were established to support the implementation of local regulations on Islamic law, including the Sharia Court, the Sharia Office, and the Wilayatul Hisbah (WH). Additionally, the Aceh regional government collaborates with the police and the prosecutor's office, where they act as investigators, interrogators, and public prosecutors in the implementation of Islamic law. This research examines the implementation of the Qanun Jinayat in Aceh. The research findings indicate that the implementation of Islamic law in Aceh faces several challenges. Firstly, the Wilayatul Hizbah (WH) faces issues related to their authority, as according to Sharia rules, their role is limited to supervision, while investigation falls under the jurisdiction of the police. In practice, the police often disregard Islamic law in Aceh, mainly due to several provisions conflicting with national laws. Consequently, many cases of Sharia violations end with reconciliation processes within the police and do not proceed to court prosecutions. Secondly, the execution process is often lengthy, and in many cases, execution is neglected. The principles of equality before the law and legal certainty have not yet become primary principles in the application of Islamic law in Aceh.

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Section: Discourse On Islamic Law In Acehmentioning

confidence: 99%

The Implementation of Qanun Jinayat in Aceh

Fauzah Nur Aksa,

Saifullah,

Farabi

2023

AJISH

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“…In addition to state support in the form of regulations to prevent sexual violence, the crucial role of society and families is also indispensable in treating children as victims of sexual violence in line with the needs and interests of the child's future. 57…”

Section: Getting Rapedmentioning

confidence: 99%

Disparitas Hukum Pidana Terhadap Pelaku Kekerasan Seksual Pada Anak

Rahmawati,

Hartiwiningsih,

Rustamaji

et al. 2023

Al-Istinbath: Jurnal Hukum Islam

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This research aims to elucidate how criminal law disparities against perpetrators of sexual violence against children manifest based on Islamic law in Indonesia. The legal disparities indicate that child victims of sexual violence have not received comprehensive legal justice. This study adopts a qualitative descriptive approach, collecting data through exploration and reading online media with the keywords 'sexual violence against children in Indonesia' on the Google search engine. This paper reveals that legal imbalances have undermined the value of justice for child victims of sexual crimes, affecting them both psychologically and physically, and leading to other consequences such as dropping out of school, forced marriage to the perpetrator, and suicide. This study is crucial to bring about justice based on Islamic law for child victims of sexual crimes, juxtaposed with Pancasila justice. It highlights that the criminal legal disparities in cases of sexual violence consistently place children as the disadvantaged objects of legal justice. True legal inequality would not occur if the application of the law is based on Islamic Law grounded in divine values, as the punishment for perpetrators of sexual violence in Islam can be judged as hudud crimes, qhisas crimes, and ta'zir crimes.

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“…This Qanun jinayat is part of the Islamic criminal law legislation applied in Indonesia. 40 The central purpose of this maqashid al-mukallaf is so that whatever form of activity is carried out by the mukallaf is beneficial for him. 41 In addition, applying Maqashid al-Mukallaf correctly will bring a person to be able to create benefits in the dharuri element at the level of maintaining religion (Hifdhu ad-Din), soul (Hifdhu an-Nafs), reason (Hifdhu al-Aql), offspring (Hifdhu an-Nafs), and progeny (Hifdhu an-Nasb), and property (Hifdhu al-Mal).…”

Section: Forms Of Legal Sanctions For Khalwat Actors In Aceh From The...mentioning

confidence: 99%

Maqashid Sharia Perspective of Legal Sanction for Khalwat Actors in Aceh

Mulizar¹,

Asmuni²,

Tanjung³

2022

Al-Istinbath : Jurnal Hukum Islam

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This paper discusses the dynamics of punishment for khalwat perpetrators which is habitually inclined to implement the rule of law underlined in Aceh. The aim of this research is to analyze the provision of legal sanctions carried out by Acehnese for khalwat perpetrators based on the maqashid sharia perspective. This study was conducted by using empirical juridical research with law sociology approach, and the source of the main data was an interview which was completed by supporting data such as significant articles related to the khalwat cases in Aceh. The results of this study point out that normatively the provision of sanctions for khalwat perpetrators in Aceh are regulated into two forms, namely Jinayat Law Qanun, and the Development of Traditional Life and Custom Qanun. Each of these regulations has differences in the provision of law sanctions for the khalwat perpetrators that cause law dualism. Practically, the sanctions determined by Acehnese for the khalwat perpetrators are various depending on each region. There are four kinds of sanctions enforcement, namely; First: Jinayat Law Qanun, Second: Customary Law, Third: the sanction of punishment in the name of customary law, Fourth: persecution. Based on maqashid al sharia aspect, some of these punishments are considered not in accordance with sharia principles, law of persecution, and in the name of customary law. Indeed, these

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Analisis Yuridis Terhadap Rumusan Jarimah Pemerkosaan dalam Qanun Aceh Nomor 6 Tahun 2014 Tentang Hukum Jinayat

Cited by 4 publications

References 1 publication

The Implementation of Qanun Jinayat in Aceh

The Implementation of Qanun Jinayat in Aceh

Disparitas Hukum Pidana Terhadap Pelaku Kekerasan Seksual Pada Anak

Maqashid Sharia Perspective of Legal Sanction for Khalwat Actors in Aceh

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