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All Journal Diponegoro Law Review Ius Civile: Refleksi Penegakan Hukum dan Keadilan Jurnal Geuthee Al-Mizan: Jurnal Hukum Islam dan Ekonomi Syariah Suloh : Jurnal Fakultas Hukum Universitas Malikussaleh COMSERVA: Jurnal Penelitian dan Pengabdian Masyarakat Jurnal Ilmiah Mahasiswa Fakultas Hukum Universitas Malikussaleh Kanun: Jurnal Ilmu Hukum
Hamdani Hamdani
Faculty Of Law, Universitas Malikussaleh
Religion Humanities Economics, Econometrics & Finance Education Energy Engineering Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Social Sciences

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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.
Co-Authors Adela Fauza Budi Bahreysi Faisal Faisal Fauzah Nur Aksa Fauzan Fauzan Jamaluddin Jamaluddin Jamiul Husna Husna Jumadiah Jumadiah Laila M. Rasyid Muhammad Helmi Md Said Muhammad Nasir Muhammad Nasir Muhammad Nur Muhammad Salda Putri Ismalinda Putri Riana Sari Saputra, Ferdy Sari Yulis Sirya Iqbal Sutriani Teuku Yudi Afrizal Yusrizal Hasbi