Minoritas di Wilayah Syariat: Kedudukan Non Muslim  Dalam Qanun Hukum Jinayat Aceh

Melayu, Hasnul Arifin; Abubakar, Mohammad Zawawi; MohammadNasir, Norruzeyati Che

doi:10.22373/legitimasi.v10i1.10521

Cited by 2 publications

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“…He suggests that these norms are based on the concept of pseudo personality. (Melayu, Abubakar, and MohammadNasir 2021) Discussions over the use of penal punishment for non-Muslim adulterers are indeed present in Islamic law. There are differing perspectives regarding whether non-Muslims should be allowed to commit crimes, with some advocating for it and others holding the opposite stance.…”

Section: Resultsmentioning

confidence: 99%

Navigating Legal Boundaries: A Cross-Jurisdictional Comparison of Qanun Jinayat on Non-Muslims in Aceh and Brunei Darussalam

Trini Hastuti

2023

diktum

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Qanun Jinayah, being a legal framework based on Islamic principles, must prioritize justice and be focused on safeguarding the rights of all citizens, especially the minority non-Muslims in Aceh. According to the 2021 data from the Banda Aceh Government, the religious composition of the population of Aceh is as follows: 98.91% are Muslims, 0.79% are Protestants, 0.19% are Catholics, and 0.11% are Buddhists. The objective of the essay was to conduct a comparative analysis of the criminal laws applicable to non-Muslims in Aceh Province and Brunei Darussalam. The focus was on examining whether non-Muslim people in Aceh and Brunei, where Islamic criminal law is enforced, engage in illegal activities. The research indicates that in Brunei, besides flogging, there are other forms of punishment as well, such as amputation of hands and feet, incarceration, and stoning. The application of criminal law is more extensive for non-Muslims in Aceh compared to Brunei. Non-Muslims in Brunei are subject to only two criminal statutes, namely adultery and khalwat. Meanwhile, in Aceh, crimes committed by non-Muslims encompass seven specific offenses, namely khamar (consumption of alcohol), maisir (gambling), khalwat (close proximity between unmarried individuals of opposite genders), ikhtilat (mixing of genders in public spaces), liwath (homosexual acts), musahaqoh (lesbian acts), and qadzaf (false accusation of illicit sexual relations). It is important to note that these seven offenses are not governed by the Criminal Code. However, the procedural legislation of Aceh Qonun Jinayat still requires more regulation to establish a process. The procedural law of Qanun Jinayat does not impose any limitations on the means by which non-Muslims might express their voluntary submission, nor does it specify the stage at which such a statement must be made. For non-Muslims, this criterion becomes a question of legal certainty.

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Section: Resultsmentioning

confidence: 99%

Navigating Legal Boundaries: A Cross-Jurisdictional Comparison of Qanun Jinayat on Non-Muslims in Aceh and Brunei Darussalam

Trini Hastuti

2023

diktum

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“…It can help victims feel more involved in the legal process and receive justice that meets their needs. (Melayu, 2021) Although the application of Restorative Justice in resolving cases of child theft through customary justice in Aceh offers the potential to build a more harmonious society, this approach also needs to pay attention to several challenges, such as limitations in formal procedures and official recognition from the state's legal system. Therefore, integration with formal law and the formulation of a clear framework is crucial to ensure the effectiveness and sustainability of this approach.…”

Section: Application Of Restorative Justice Inmentioning

confidence: 99%

Application Of The Acehnese Customary Legal System And National Legal System In Combating Theft By Child Offenders

Adhitya Anugrah Nasution,

Ade Saptomo

2024

JHPIS

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The research seeks to analyze the application of the Acehnese Customary Legal System and the National Legal System in dealing with acts of theft involving child perpetrators. Aceh, as a region with unique cultural riches and customary laws, has the potential to combine local values with national laws in upholding justice. The research results show that the Acehnese Customary Law System, which is recognized by Law Number 11 of 2006, has the potential to provide alternative solutions that are by local values in dealing with acts of theft involving child perpetrators. However, several obstacles in implementation need to be considered, such as coordination between customary and national legal institutions. In conclusion, this research suggests that integration between the Acehnese Customary Legal System and the National Legal System can increase effectiveness in dealing with theft involving child perpetrators. Joint efforts are needed from the government, legal institutions, and society to ensure that children's rights are protected without ignoring the local values that apply in Acehnese society.

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Minoritas di Wilayah Syariat: Kedudukan Non Muslim Dalam Qanun Hukum Jinayat Aceh

Cited by 2 publications

References 0 publications

Navigating Legal Boundaries: A Cross-Jurisdictional Comparison of Qanun Jinayat on Non-Muslims in Aceh and Brunei Darussalam

Navigating Legal Boundaries: A Cross-Jurisdictional Comparison of Qanun Jinayat on Non-Muslims in Aceh and Brunei Darussalam

Application Of The Acehnese Customary Legal System And National Legal System In Combating Theft By Child Offenders

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