The Implementation of Corporal Punishment in Qanun Number 14 of 2003 Concerning Khalwat (Seclusion) in Aceh Darussalam Province

Abstract

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.