The legal framework of Islamic criminal law in Aceh with refer-ence to application, challenges and way forward

Abstract EN

Aceh is a special province in Indonesia and different from other Indonesian provinces especially in the context of Shari'ah related laws.

Aceh was granted special autonomy and legal right by the Indonesian central government in 2001 to fully apply Islamic law in the province.

Generally, Islamic law which is applicable to Muslims in Indonesia is limited to personal laws just as in Malaysia.

However, with the passage of time, Islamic law has expanded to include Islamic banking and finance.

Besides that, Islamic law in Aceh is also extended to govern criminal matters which are in line with the motto of Aceh Islamic government to apply Islamic law in total or kaffah.

Since 1999, the legal administration of Aceh has begun to gradually put in place the institutional framework to ensure that Islamic law is properly administered and implemented.

Equally important, such framework is also aimed to ensure that punishments are fairly executed.

This paper attempts to analyse the extent of the applicability of Islamic criminal law in Aceh.

It is divided into three major parts.

The first part discusses the phases in making Aceh an Islamic province and the roles played by Dinas Syariat Islam Aceh as the policy maker in implementing Islamic law as well as educating and training the public about the religion of Islam.

The second part gives an overview on the Islamic criminal law and punishment provided in Qanun Aceh No.6/2014 on Hukum Jinayat (hereinafter Qanun Hukum Jinayat or “QHJ”) as well as the criminal procedural law concerning the methods of proof codified in Qanun Aceh No.7/2013 on Hukum Acara Jinayat (hereinafter “QAJ”).

The third part of this paper highlights the challenges in the application and implementation of Islamic criminal law in Aceh, and accordingly provides recommendations for the improvement of the provisions in the QHJ and QAJ.

Inputs from the interviews with the drafters of QHJ, namely Prof.

Dr.

Hamid Sarong and Prof.

Dr Al Yasa are utilized in preparing this paper.

In addition, inputs gathered from nongovernmental organizations (NGOs), namely Indonesian Syarie Lawyers Association (APSI) and Jaringan Masyarakat Sipil Peduli Syariah (JMSPS) are employed.

The findings of this research are important in providing an in-depth understanding on the framework of Islamic criminal law in Aceh as well as in recognizing the flaws in its application or practical aspects of the law in Aceh.