Legitimation of Qanun in the Indonesian Law System (original) (raw)

The Implementation of Islamic Qanun Law in the Modern Aceh Society

Proceedings of the 1st Raden Intan International Conference on Muslim Societies and Social Sciences (RIICMuSSS 2019), 2020

Aceh is a province that exists at the most northern tip of Sumatra Island, which has a variety of different ethnic groups, living side by side with one another, carrying out Islamic law or the Qanun law. The qanun is a regional regulation that is not owned by other provinces, but it must be obeyed by all levels of society in Aceh Province. This paper is aimed at exploring the implementation of the qanun law in Aceh society. To obtain data, direct observations are made to observe the community, and interview the relevant parties. This paper finds out that not all people in Aceh obey the qanun, because Acehnese people are plural. Yet, in order to support the implementation of the qanun law in reality, some efforts have been carried out continually by the regional government, as evidenced by the enactment of the Aceh Qanun Number 6 of 2014, concerning jinayat (criminal) law, and of the Aceh Qanun, number 7, 2013, concerning jinayat procedural law. Although many people cannot accept the implementation of the punishment, the rules must be followed.

Standard Patterns of Considerations in Law, District Regulation and Qanun Based on Legal Rules in Indonesia

Pancasila and Law Review, 2021

The consequence of the state of the law is legislation to be an essential instrument in regulating public life. However, in some parts of Indonesia, they can make their regional regulation slightly different from the constitution, wherein this article will focus on Qanun in Aceh Province. The research used in this paper is normative law research. This research used sequential data or library data. Secondary data consists of primary law materials, secondary law materials, and tertiary law materials. The approach method used is the legislative approach and the conceptual approach. The formulation of the problem in this paper is how the standard pattern of consideration in the Law, Regional Regulations, and Qanun is based on legislation. The results show that in the Law in Consideration, Consider using the word "membentuk" or "form" because the law-making institution consists of legislative institutions and executive institutions. Regional regulation considers using...

The Position of the Qanun Jinayat as a Forum for the Implementation of Sharia in Aceh in the Indonesian Constitution

Samarah: Jurnal Hukum Keluarga dan Hukum Islam, 2021

The purpose of this paper is to describe the position of the Qanun Jinayat as a forum for the implementation of Sharia in Aceh within the framework of the Indonesian constitution. It is considered essential because the implementation of Sharia is conducted based on the UUPA (Law on Governing of Aceh). However, its implementation is often misunderstood, causing the implementation of Sharia to face many challenges from various parties, including the government's official institutions. This article is written to answer the main problem: the alignment of regulations, qanuns, with other laws and regulations. This study is normative legal research using a legal history approach. The analytical tools used are the theory of leveling norms and asymmetric decentralization. The study results show that the Sharia qanuns in Aceh, especially the Qanun Jinayat, have a different position from the regional regulations in other provinces in Indonesia. The difference lies in the special right of t...

Dynamics of Law Enforcement of the Islamic Criminal Law in Aceh in the Indonesian Democratic System

Islam Transformatif : Journal of Islamic Studies, 2021

This study focuses on analyzing the dynamics of the application of the Criminal Code (Qanun Jinayah) in the Aceh region. In the Pancasila democratic system run by the Indonesian state, the government guarantees the right of every citizen and belief group to manifest their teachings, but there are some areas that have the authority to enforce special policies such as Aceh which has ratified regional regulations based on Islamic law and the State supports the application of the rules. the. The method used in this study is descriptive qualitative research expected to be able to reveal qualitative information with description-analysis using the strategy used in this research is a case study. This research indicates that the implementation of Qanun Jinayah carried out in Aceh often results in differences of opinion because some parties consider that the application of the law overlaps with human rights which is usually implemented in democratic countries such as Indonesia, moreover the l...

The Implementation of State Law And Religious Law In Indonesian Muslim Society

In the Indonesian constitution, rule of law is an acknowledged instrument to realize justice and social welfare. Common in many post-colonial countries, this instrument often manifests as legal pluralism, that is the coexistence of at least three legal systems: state (or 'national' in Indonesian parlance); religious, and customary (adat in Indonesian language). This paper examined the first two systems, state and religious laws, especially in their implementation as practiced by the Indonesian society. Using empirical legal methods, the factors which influenced the preference of Muslims to use state or religious laws in Indonesia were examined. Key terminologies, such as 'state law', 'religious law', and 'Muslim society', were elaborated. It was found that several factors were influential, namely legal culture, economic condition, social values, fiqh conservatism, and judge insight.

Sharia-Based Regional Regulations in the Indonesian National Law System

Jurnal Ilmiah Peuradeun, 2021

This study aimed to explain the existence of sharia-based regional regulations and discuss the form of legal system regulation of sharia-based regional regulations in Indonesia. After the reformation, changes in the legal system in Indonesia began, especially the change from a centralized pattern to a decentralized one and the granting of regional autonomy authority, this was marked by the issuance of regional regulations based on the needs of each region. The next problem is the emergence of the desire to establish sharia-based regional regulations such as in Aceh, South Sulawesi, and West Java which invites legal discourse on the legal system in Indonesia. This study used a qualitative method with a normative legal approach. The subjects of this study were the namely elements of the Central and Regional Government, and Members of the DPRD. In addition, information was also collected from scholars, academics, and legal practitioners. The research procedure was carried out in four s...

Maqashid Syariah as a Basis for Establishing Decree in Indonesia

KnE Social Sciences

In the governance of a country, the government plays a vital role in establishing regulations and policies. These decisions are made by state administrative officials in accordance with the provisions of laws and regulations, with the ultimate goal of creating good governance. In Indonesia, being a country with a Muslim majority, Islamic values can also be integrated into the government’s operations. One such value is the principle of Maqasid Sharia, which serves as the basis and purpose in Islamic law. This principle encompasses three main objectives, which are Dharuriyah (necessities), Hajjiyah (needs), and Tahsiniyah (enhancements). To explore this further, normative judicial research methods are utilized, focusing on primary legal materials, and employing deductive methods for analysis. By doing so, the principle of maqasid sharia can be utilized as a model for state administrative officials, particularly those who adhere to Islamic beliefs, in their decision-making processes. K...

Indonesian State of Law is an Aspired Concept

Nurani Hukum, 2021

The state of law is the concept of a state based on applicable law. In the development of the state, there are two concepts of state of law used by countries in the world, namely rechtstaat and rule of law. These two concepts also inspired the Indonesian state of law but were not followed absolutely. Indonesia is still building a legal system with a culture of society. Therefore, this study aims to describe the development of the state of law in Indonesia. This study uses a normative juridical method by using secondary data and is narrated with scientific logic. Conceptually, Indonesia does not follow the concept of rechtstaat or the rule of law because it is different from national identity. The social condition of the community consisting of various ethnic groups forced Indonesia to develop its own concept of a state of law. There is hope in the formation of laws carried out by the state, which is not only to realize the rule of law but must provide benefits to the community. Panc...

Constitutional Guarantees Regional Regulations of Sharia in Indonesia

2021

Regional regulations or Sharia Regional Regulations are the product of legislation under laws that have Islamic teachings. The problem that underlies the existence of a Sharia Regional Regulations is whether it is constitutionally justified and how the constitutional guarantee of the existence of a Sharia Regional Regulations is applicable. This problem is examined using descriptive normative research methods with qualitative analysis. The results of this study indicate the objectives achieved are first, the existence of Sharia Regional Regulations due to the legal awareness of people who are aware as religious citizens so that their lives will be better which is constitutionally justified in the 1945 Constitution and Pancasila. Second, Article 29 of the 1945 Constitution and Pancasila provides constitutional guarantees for the existence of Sharia Regional Regulations. This is because Chapter XI Article 29 of the 1945 Constitution regulates the issue of Religion which is strengthene...

Institutions and Contributions to Islamic Law in Indonesia’s Legal System

2021

This research examines the institutionalization, position and contribution of Islamic law to the national legal system. This study uses a qualitative method with a sociological legal approach. The data source comes from legal materials such as laws and other regulations. The research results show that the institutionalization of Islamic law into the national legal system is carried out procedurally, democratically and in accordance with the needs of the community. This institutionalization is a further process and recognition of the position of Islamic law, not only as a raw material for the making of national laws, but also as a source of law (legal sources) and even a source of values (values sources) for the development of national law. The contribution of Islamic law to the development of the national legal system can be seen in the law on marriage, zakat, waqf, hajj, guarantees of halal products and others which substantively do not contradict Islamic law.