Dualisme Penyelesaian Perkara Pidana Jinayat yang Termasuk Pidana Biasa (Suatu Studi di Wilayah Hukum Kota Sabang)

Abstract

Penal law enforcement in Aceh region has exclusion following the enactment of Law Number 11 of 2006 on The Aceh Government that is implementation of sharia law in penal law enforcement (jinayah). Mahkamah Syariah (sharia court) is an institution that has authority to examine the jinayah case. On the implementation ini Sabang City, there is a dualism of authority that cause legal uncertainty. The Sabang District Court in the 2020-2022 adjudicated 5 (five) cases which should fall under the authority of The Sabang Sharia Court and also there was the same cases being adjudicated at Sabang District Court and Sabang Sharia Court. This research focuses on study about authority of jinayah law enforcement in Sabang according to regulations, implementation of jinayah law enforcement and penal law enforcement recently in Sabang and settlement of jinayah and criminal cases in order to attain legal purposes in Sabang in the future. This research uses a normative-empirical type of research that combine normative research and empirical research. The approach methods uses the statutory approach, case approach and comparative approach. The data used primary and secondary data that obtained through direct interviews from the Sabang District Attorney Office, the Sabang Shariah Court and the Sabang District Court and also from literature study. The results will be explained descriptively and analytically. Based on result, it is found that the authority of jinayah law enforcement in Sabang has legal basis so that it is valid and binding. The establishment of Aceh Qanun was obtained from attribution authority through Law Number 11 of 2006 on The Aceh Government so that the Aceh Qanun is an autonomous regulation (autonome satzung). Therefore, the Aceh Government Law can override other criminal law provisions. In its implementation there is a dualism of authority which can be seen in the 2020-2022 period, there are 5 (five) cases which should be under the authority of the Sabang Shariah Court but are being adjudicated at the Sabang District Court due to various reasons such as legal factors, law enforcement officers, facilities that support law enforcement, society and culture factors. The efforts that can be made to attain legal purposes in Sabang in the future can be done in various ways. First, harmonize the regulations about jinayah and criminal case settlement for legal certainty. Second, Second, carrying out professional law enforcement in jinayat and criminal cases settlement for justice. Third, evaluate the existence of certain article in the Qanun Jinayah for legal expediency.