KEWENANGAN PENGADILAN AGAMA (MAHKAMAH SYAR'IYAH) DI NAD DALAM MELAKUKAN EKSEKUSI SANKSI PIDANA ISLAM (HUKUM JINAYAT) MENURUT KETENTUAN HUKUM DAN SISTEM PERADILAN DI INDONESIA

Gemala Dewi
2009 Jurnal Hukum & Pembangunan  
AbstrakHistorically, Religious Court in Indonesia was built by the time of DutchColony with the purpose to reduce the applicability of Islamic Law practicein the Country. However, to a certain extent, these days, it grows as thereligiOUS conscious of the people developed to apply Islamic law teaching tothe most detail in the reformation era. The special case occurs in Acehprovince which has autonomy afier Helsinki Agreement. The problem exist tothe unity of regulation on the country, since it
more » ... s ratified the UNConvention against tortured on human body. Based on this problem, thisarticle explored the possibility of the Religious Court in Aceh to applyIslamic Criminal Law and it's punishment in Indonesia. The research willaddress the problem from qualitative point of view. Comparing ideas,reasons and historical background of the existing law and also using legalnormative way of research methodology. By doing library research in findingdata, this research got to the conclusion that Aceh has a Constitutional Rightto implement Islamic Criminal Law due to the International agreement inHelsinki. In relation with Indonesian System of Law the solution should becompromising the law on how to solve the problem in policy making to thiscase
doi:10.21143/jhp.vol0.no0.190 fatcat:tjb3w7nmjbc67las2m6ntaf7ka