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All Journal SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Legal Protection for the Partnership Agreement Parties
Rani, Faisal A
Unknown Affiliation
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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The Politics of Law on the Fulfillment of Restitution Rights for Rape Victims Based on the Qanun Jinayat in Aceh Aljamalulail, Syarifah Rahmatillah; Rani, Faisal A; Muazzin, Muazzin
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 1 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v8i1.16307

Abstract

This study aims to explore the policy of the politics of law and procedure for the effective fulfillment of restitution rights for rape victims in Aceh. For rape victims, restitution is a form of compensation as part of the fulfillment of human rights and legal protection for the disadvantaged party. Providing compensation for rape victims is crucial as generally the victims come from vulnerable groups who have been harmed physically, psychologically, and socially. However, the mechanism for obtaining compensation in the form of restitution for rape victims has been an issue in Aceh. In addition, the question arises on how the implementation of restitution is in the decisions of judges who try rape cases based on the Qanun Jinayat. This study used a normative juridical method, analyzed with the theory of legal politics. The study concludes that the regulation of restitution in the Qanun Jinayat as an additional punishment for rapists needs to be further studied to examine whether restitution as an additional punishment can fulfill a sense of justice for the victims. Moreover, the restitution formulation in the Qanun Jinayat Aceh has not made it easy for rape victims to receive compensation from the perpetrators due to the complicated process and requirements for obtaining restitution. However, in the context of legal politics, the Qanun Jinayat can be understood as a government policy to provide legal certainty and justice. Any shortcoming at present means that more room for improvements in its implementation in the future.
Islam and National Law: A Formal Legal Review on Sharia Laws in Aceh Rani, Faisal A; Fikri, Fikri; Mahfud, Mahfud
Al-Risalah Vol 20 No 1 (2020): June 2020
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (538.84 KB) | DOI: 10.30631/alrisalah.v20i1.521

Abstract

The implementation of sharia in Aceh has gone through a democratic process subscribed by the Unitary State of the Republic of Indonesia. Nevertheless, some observers consider it problematic. Against this backdrop, this article discusses the principles of the formalization of sharia into positive law and further concretely analyses the case of formalization of sharia in Aceh. Employing a normative approach on research of law, this article shows that the principles of sharia codified in the qanuns of Aceh are grounded on the Qurʾān and the Sunna. The formalization of the sharia into the qanuns has gone through democracy and complies with the Indonesian law. Those qanuns contain regulations on ʿaqīda, muʿāmala, Islamic convocation, and Islamic criminal law.
Islam and National Law: A Formal Legal Review on Sharia Laws in Aceh Rani, Faisal A; Fikri, Fikri; Mahfud, Mahfud
Al-Risalah Vol 20 No 1 (2020): June 2020
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v20i1.521

Abstract

The implementation of sharia in Aceh has gone through a democratic process subscribed by the Unitary State of the Republic of Indonesia. Nevertheless, some observers consider it problematic. Against this backdrop, this article discusses the principles of the formalization of sharia into positive law and further concretely analyses the case of formalization of sharia in Aceh. Employing a normative approach on research of law, this article shows that the principles of sharia codified in the qanuns of Aceh are grounded on the Qurʾān and the Sunna. The formalization of the sharia into the qanuns has gone through democracy and complies with the Indonesian law. Those qanuns contain regulations on ʿaqīda, muʿāmala, Islamic convocation, and Islamic criminal law.
Co-Authors Aljamalulail, Syarifah Rahmatillah Fikri Fikri Mahfud Mahfud Muazzin Muazzin, Muazzin