Ancaman Pidana Cambuk dalam Qanun Aceh Nomor 6 Tahun 2014 Tentang Hukum Jinayat Terhadap Kasus Tindak Pidana Maisir (Judi) (Studi Kasus di Wilayah Hukum Kabupaten Gayo Lues Provinsi Aceh)

Abstract

ABSTRACT Ayu Anisa Madiasa Ablisar M. Ekaputra Marlina Privileges and Special Autonomy granted to the Special Region of Aceh are granted based on Law no. 44 of 1999, Law no. 18 of 2001, as well as Law no. 11 of 2006. This privilege relates to several things, one of which is regarding criminal law. The law applied is Islamic law which is implemented in the form of Qanun. Among the Qanuns that have been enacted in Aceh are Qanun No. 6 of 2014 concerning the Jinayat Law, is a Qanun that regulates specific criminal acts in Aceh where the regulation does not exist or is different from the law in Indonesia. One of the types of crime regulated in this Qanun is the crime of maisir (gambling), previously this maisir crime was regulated in Aceh Qanun No. 13 of 2003 concerning Maisir, then updated into Qanun No. 6 of 2014 concerning Jinayat Law. The author wants to examine more deeply the regulation of the crime of maisir in Aceh by examining the formulation of the criminal act of maisir, the reasons for imposing the punishment of caning on the perpetrators of the crime of maisir, as well as the obstacles and efforts made by law enforcers in the implementation of the caning of the perpetrators of the crime of maisir in Gayo Regency. Lues Aceh Province. The method used in this paper is normative juridical research which is supported by empirical studies using a normative approach with an analytical approach, a statutory approach and a case approach. The location of the research conducted in the Legal Territory of Gayo Lues Regency, Aceh Province. Secondary data was collected by using literature study method and strengthened by empirical studies in the form of in-depth interviews with several sources. qualitative data analysis by drawing conclusions using inductive reasoning. The results of this study indicate that the imposition of caning is intended as an educational effort so that the perpetrators of shame and the people who witness are afraid to make the same mistake. with imprisonment. Obstacles experienced by Wilayatul Hisbah and the Syar'iyah Court of Blangkejeren such as the lack of a level of investigators, lack of facilities and infrastructure and limited funds, but in this case efforts have also been made such as proposing additional investigators and submitting budget funds to suffice funds for the implementation of caning in the district. Gayo Lues. Keywords: Caning, Maisir, Qanun Jinayat.