Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal International Journal of Business, Law, and Education Trunojoyo Law Review
Siti Rohmah
Brawijaya University
Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences Other

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Strengthening Dispute Resolution Autonomy Through Acehnese Customary Institutions: Living Law and Maqāṣid al-Sharī‘ah Perspectives Siti Rohmah; Moh Fadli; Ngesti Dwi Prasetyo; Airin Liemanto; Zainal Arifien
TRUNOJOYO LAW REVIEW Vol 8, No 2 (2026): August
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v8i2.33387

Abstract

This study examines the urgency of strengthening the autonomy of legal dispute resolution through customary institutions in Aceh by engaging Eugen Ehrlich’s Living Law theory and Jasser Auda’s maqāṣid al-sharī‘ah framework. Aceh’s distinctive juridical and sociocultural status positions customary institutions as key actors in maintaining social cohesion and delivering justice grounded in local wisdom. However, their role is often marginalized by state legal formalism, creating a gap between statutory law and lived legal realities. This research employs a qualitative juridical-sociological approach, using literature review and document analysis. It conceptualizes customary institutions as expressions of Living Law that operate in alignment with the objectives of Islamic law, particularly the protection of life, intellect, dignity, and property. Auda’s systemic and multidimensional conception of maqāṣid al-sharī‘ah provides an analytical lens to understand these institutions as adaptive and participatory legal mechanisms. The findings demonstrate that strengthening the autonomy of customary dispute resolution reflects legal pluralism and contributes to substantive justice rather than legal conservatism. This study offers a methodological contribution by integrating Living Law and maqāṣid al-sharī‘ah in rethinking national legal development. It recommends stronger juridical recognition and institutional empowerment of customary institutions within Indonesia’s legal system.
Witness Qualification and Quantification in Sexual Jarimah under Aceh Qanun: A Fiqh Jinayah Perspective on Mahkamah Syar’iyyah Banda Aceh Decisions Isfahani Azmil Aziz; Siti Rohmah
International Journal of Business, Law, and Education Vol. 7 No. 1 (2026): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v7i1.1460

Abstract

This article examines the qualification and quantification of witness testimony in sexual jarimah adjudication under Aceh’s special criminal law regime, particularly Qanun Aceh No. 6 of 2014 on Jinayat and Qanun Aceh No. 7 of 2013 on Jinayat Procedure. The analysis focuses on zina, liwāṭ, musāḥaqah, khalwat and ikhtilāṭ through a normative-juridical and case-law reading of Mahkamah Syar’iyyah Banda Aceh decisions. The revised coding available in the manuscript covers fifteen decisions with complete witness-count data, while the broader corpus described by the author refers to sixteen decisions; the remaining decision should be completed before final submission. The findings show that most coded decisions did not satisfy the four-witness evidentiary threshold associated with zina in classical fiqh jinayah and in Article 182 of Qanun Aceh No. 7 of 2013. Judicial reasoning instead relied heavily on defendants’ confessions, corroborative witness statements, electronic evidence and physical indications. This evidentiary pattern raises a doctrinal tension between positive jinayat procedure, classical safeguards against qadhf, and contemporary due-process concerns, especially where co-defendants or alleged participants function as “crown witnesses” while simultaneously occupying the position of maqdhūf ʿalayh. The article argues that Aceh’s jinayat evidentiary framework requires doctrinal clarification and regulatory harmonisation, particularly after the later enactment of Qanun Aceh No. 12 of 2025 amending Qanun Aceh No. 6 of 2014 and Law No. 20 of 2025 on the new Criminal Procedure Code. The contribution of the study lies in identifying a specific normative gap: the four-witness rule is expressly articulated for zina but not equivalently operationalised for liwāṭ, even though several juristic traditions analogise liwāṭ to zina through qiyās.
Co-Authors Airin Liemanto Isfahani Azmil Aziz Moh Fadli Ngesti Dwi Prasetyo Zainal Arifien