Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal Uniku Law Review
Abdul Karnaen
Fakultas Hukum, Universitas Kuningan, Indonesia
Law, Crime, Criminology & Criminal Justice

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
Qanun Jinayat Aceh dalam Perspektif Hak Asasai Manusia: Studi Kasus Putusan Mahkamah Agung Nomor 60 P/HUM/2015 Abdul Karnaen
Uniku Law Review Vol. 3 No. 1 (2025): UNIKU LAW REVIEW
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/ulr.v3i1.1369

Abstract

The Aceh Qanun is a regional legal instrument born from the uniqueness and privileges of Aceh within the framework of the Unitary State of the Republic of Indonesia. The position of the qanun as a special regional regulation has given rise to debate, particularly regarding its authority over the law and its material review mechanism. This study aims to analyze the legal arrangements of the authority of the Aceh Qanun within the national legal system and to examine the application of the Supreme Court decision in the case of the material review of the Aceh Qanun, particularly the Jinayat Qanun. The research method used is normative juridical with a statutory approach and a conceptual approach. The results of the study indicate that hierarchically the Aceh Qanun is placed on an equal footing with provincial regulations but has substantive specificity based on Law Number 11 of 2006 concerning the governance of Aceh. In addition, the Supreme Court has the authority to conduct a material review of the qanun if it is suspected of contradicting higher laws. Supreme Court Decision No. 60 P/HUM/2015 demonstrates that the Supreme Court considered the authority, hierarchy of norms, and Aceh's specific characteristics in assessing the applicability of the Aceh Qanun Jinayat. Therefore, the judicial review of the Aceh Qanun serves as a judicial oversight mechanism to maintain a balance between special autonomy and the supremacy of national law.
Co-Authors