Crime Settlement of Khalwat in Aceh

Abstract

Introduction: Khalwat (Seclusion) is a despicable act that violates Islamic law because it leads to adultery. However, Qanun No. 6 of 2014 concerning Jinayat Law stipulates that the settlement of khalwat must go first through the Customary Court so that the punishment applied is not Islamic law punishment, such as ta`zir, but customary punishment.Purposes of the Research: This study aims to analyze the mechanism for resolving the crime of seclusion in Aceh.Methods of the Research: This is normative/doctrinal research using a statutory approach and a comparative approach.Results of the Research: Khalwat is a crime (jarimah) that violates Islamic law and it is categorized into jarimah ta`zir. Settlement of jarimah seclusion can be carried out by litigation through the Syar'iyah Court and the settlement goes to customary courts. However, Article 24 of Qanun Number 6 of 2014 concerning Jinayat Law, stipulates that the settlement of criminal acts of seclusion must first be through customary courts. The settlement mechanism for khalwat is first resolved through customary courts using a deliberation-consensus approach like village meetings, it is usually called Gampong Customary Meetings (RAG) by executing customary punishments such as penalties of paying fines, feasting, bathing, and the khalwat couple is forced to get married. The consideration of implementing customary punishment is to solve the case more effectively and efficiently and in return can raise the level of trust and community compliance.

Marriage Processes of Khalwat Perpetratorsin Customary Law in Aceh

“…However, this study has not yet touched on the discussion relating to the settlement of khalwat cases by forced marriage by indigenous peoples. This is based on a review of several previous literature studies which are relevant to the study of khalwat, as written by (Syihab, 2022) regarding the resolution of khalwat but does not touch upon its settlement through forced marriages.This study only discusses the settlement of finger khalwat which can be carried out through litigation through the Syar'iyah Court(Siti Idaliyah, 2010) and the settlement through customary courts, so there is no clear focus on forced marriages. In addition, there are also articles written by (Rizki, 2020), in which this article also discusses the settlement of khalwat cases, but the focus of the study in the article is the philosophical value of why customary sanctions in Aceh are so strong.…”

“…With the existence of this qanun, it turned out that the practice of khalwat crimes was not able to be significantly minimized. There are still many acts of khalwat that lead to adultery that are practiced in society, especially teenagers (Syihab, 2022). Khalwat is not a new matter among today's society, but this matter already existed at the time of the Prophet (Rakib, 2019), this can be understood from the existence of a ban on khalwat matters.…”

“…In continuing this prevention, traditional leaders have also made gampong (village) qanuns regarding khalwat. The various methods of solving khalwat and adultery cases cannot be seen simply because they will lead to various interpretations of the law (Syihab, 2022). This interpretation results in the absence of legal certainty in a regulation.…”