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All Journal Sriwijaya Law Review Ius Civile: Refleksi Penegakan Hukum dan Keadilan JATI EMAS (Jurnal Aplikasi Teknik dan Pengabdian Masyarakat) Jurnal Abdidas Jurnal Geuthee REUSAM ; Jurnal Ilmu Hukum Suloh : Jurnal Fakultas Hukum Universitas Malikussaleh Jurnal Ilmiah Mahasiswa Fakultas Hukum Universitas Malikussaleh Kanun: Jurnal Ilmu Hukum
Muhammad Nasir
Universitas Malikussaleh
Religion Humanities Decision Sciences, Operations Research & Management Education Energy Engineering Health Professions Law, Crime, Criminology & Criminal Justice Mathematics Public Health Social Sciences Other

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Journal : Jurnal Geuthee

 1 
ANALYSIS OF THE SETTLEMENT OF THE WORSHIP PENALTY AGAINST ACTION OF JINAYAH MAISIR’S IN ACEH Muhammad Nasir; Hamdani Hamdani
Jurnal Geuthèë: Penelitian Multidisiplin Vol 5, No 3 (2022): Jurnal Geuthèë: Penelitian Multidisiplin
Publisher : Geuthèë Institute, Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52626/jg.v5i3.198

Abstract

The implementation of Islamic jinayah law in Aceh Province applies only to the actions of jinayah maisir (gambling), khamar and khalwat, as well as hudud, whereas the acts of jinayah qisas and diyat have not been enforced. This study analyzed the cases that were decided by the Aceh Syariah Court in 2005 and 2006 based on Qanun Aceh Province Number 13 of 2003 about Jinayah Maisir (Gambling) which was then currently enacted Qanun No 6 of 2014. The study uses a qualitative methodology with a legal approach and a case approach. This study found that the court, which convicted the court in connection with the jinayah of the maisir act, showed that the allocation of ta'zir punishment on maisir offenders according to Qanun Aceh Province Number 13 of 2003 About Maisir (Gambling) is in line with the requirements of ta'zir in Islam. It is recommended to the judges in the court to continue to adhere to the Islamic and legal provisions that exist in deciding sharia law matters in Aceh
Whipping for adultery in the perspective of human rights in Lhokseumawe Hamdani Hamdani; Muhammad Nasir; Ferdy Saputra; Putri Riana Sari
Jurnal Geuthèë: Penelitian Multidisiplin Vol 6, No 2 (2023): Jurnal Geuthèë: Penelitian Multidisiplin
Publisher : Geuthèë Institute, Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52626/jg.v6i2.246

Abstract

This study aims to evaluate the human rights implications of the whipping punishment for adultery cases in Lhokseumawe City, Indonesia. The research methods used in this research are empirical. Data was collected through a combination of fieldwork and libraries. The data were analyzed in a qualitative manner. The result of the study shows that the administration of the whipping punishment for adultery offenders does not violate human rights because it has been founded on Islamic law, specifically the Qur'an and Hadith in Aceh, and has taken into account the safety of whipping convicts. The whipping is considered a violation of human rights if used on innocent individuals. Whipping punishment is carried out in Aceh against convicts after obtaining approval from the Syari'ah Court, and the whipping punishment is conducted based on a court decision ordered with permanent legal effect. It is recommended that the Lhokseumawe Municipality Institution and the authorities strengthen and strictly enforce whipping restrictions so that whipping is produced in accordance with the principles of Islamic Shari'ah. Residents of Lhokseumawe should be more supportive and comply with the established regulations.
The effectiveness of Qanun Aceh No. 9/2004 and Qanun Aceh No 6. 2014 in solving khalwat cases in Sawang District Fauzah Nur Aksa; Herinawati Herinawati; Muhammad Nasir; Rahmatul Amna
Jurnal Geuthèë: Penelitian Multidisiplin Vol 6, No 3 (2023): Jurnal Geuthèë: Penelitian Multidisiplin
Publisher : Geuthèë Institute, Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52626/jg.v6i3.265

Abstract

This study aims to find out and explain the settlement of khalwat cases carried out in Sawang sub-district, the causes of which there are still many occurrences of khalwat and the effectiveness of Qanun Number 9 of 2008 concerning the Development of Customary and Customary Life and Aceh Qanun Number 6 of 2014 concerning Jinayat Law in the settlement of khalwat cases in Sawang District. This study uses empirical research methods and empirical juridical approaches. The data were obtained through field research and library research. Data analysis was carried out qualitatively. The results of the study show that the process of resolving khalwat cases begins with the arrest, summons to the family, decision making and implementation of the decision. Settlements for khalwat cases were resolved jointly according to custom, and the punish ments given were relatively light such as giving advice, reprimands, apologies, sayam, dhiyat, fines, compensation, ostracismby the community, expulsion from the gampong community or revocation of titles and soon. There are still many cases of khalwat, namely the lack of attention and control from the family, the lack of family knowledge about the dangers of khalwat, unstoppabledesires, the lack of public knowledge of the law in Sawang sub-district, the existence of tourist objects that allow khalwat to emerge, many families of khalwat perpetrators who blaming customary apparatus forgiving punishments, and the lack of legal socialization in gampong. The implementation of Qanun Number 6 of 2014 concerning Jinayat Law, namely concerning the authority of the customary court in handling khalwat cases which refers to Qanun Number 9 of 2008 concerning the Development of Customary and Customary Life has not been effective, as evidenced by the non-fulfillment of elements measuring the effectiveness of law enforcement.
Co-Authors Anati Binti Kisahi Asrillah Asrillah CAESI MUTIARA DATU SABILLA Eka Intan Kumala Putri Elidar Sari Eny Dameria Eny Dameria Fauzah Nur Aksa Hadi Iskandar Hamdani Hamdani Hanis Yasmin Ab Rahim Ab Rahim Harun Harun Harun Harun Herinawati Herinawati Johari Maulida Mutia Mohd Feri Andria Muhammad Agus Muljanto Muhammad Yunus Nila Trisna Nuribadah Nuribadah Phoenna Ath Thariq Putri Riana Sari Rahmatul Amna Romi Asmara Saputra, Ferdy Subasny Sevanathan Sulaiman Sulaiman T. Halimah Teuku Putra Azis Ummi Kalsum Vina Melinda Limbong Wan Siti Adibah Wan Dahalan Wan Siti Adibah Wan Dahalan Wan Siti Adibah Wan Dahalan Yusrizal Hasbi Zainal Abidin Zulkifli