Penerapan Prinsip Kedudukan yang Sama di Mata Hukum (Equality Before the Law) dalam Perlindungan Hak Asasi Manusia (HAM) Terkait Khalwat Jinayah yang Berlaku di Aceh (Studi Mahkamah Syar'Iyah IDI No 03/JN/2021/MS IDI dan 04/JN/2021/MS IDI)

Abstract

Human rights are natural rights that are inherent from the moment humans are born, one of which is equality before the law, the fulfillment of which is mandatory for the state. Aceh is one of the special areas where Islamic law is implemented, including the provisions on ikhtilath and adultery. This thesis is entitled "Application of the Prnciple of Equality Before the Law in the Protection of Human Rights (HAM) Related to Khalwat Jinayah Applicable in Aceh (Study of the Ruling of the Idi Syar 'Iyah Court No. 03/JN/2021/MS . Idi and the Decision of the Idi Syar 'Iyah Court No. 04/JN/2021/MS Idi). The problems in this thesis are: 1) What is the concept of human rights in relation to the principles of justice and equality before the law. 2) How is Islamic law implemented in Aceh in relation to the Khalwat Jinayah. 3) How is the Principle of Equality Before the Law Implemented in the Protection of Human Rights (HAM) Regarding the Khalwat Jinayah Applicable in Aceh (Study of the Ruling of the Idi Syar 'Iyah Court No. 03/JN/2021/MS. Idi and Idi Syar 'Iyah Court Decision No. 04/JN/2021/MS Idi). The method used in this thesis is normative juridical research with a descriptive analytical nature. The theories are used in this thesis are Justice Theory, Maqasid Syari'ah Theory and Legal Protection Theory. This thesis uses a statutory approach and a case approach. The research data source used is secondary data. The data collection techniques and tools used are literature study and document study. Data analysis uses qualitative data analysis methods. The results of the research found that there was inequality before the law, namely that the state committed human rights violations by commission without fulfilling the principle of non-derogable rights, so there is a need for a judicial review of the Qanun Aceh that is more dynamic and in line with current developments, judges in this case should be able to determine justice as appropriate. should, not only be a mouthpiece for the law, but must explore, follow and understand the values that live in society.