| dc.description.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. | en_US |
