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IMPLEMENTATION OF THE MOU HELSINKI ON CRIMINAL LAW POLICY IN NANGGROE ACEH DARUSSALAM (NAD) Sekar Langit Jatu Pamungkas; Denmark Erlangga Putra; Valiantnuja Washfaa Yunandeva; Akbar Fahrudin Malik; Nur Faishal Luqman
Khairun Law Journal Vol 5, No 2 (2022): Maret 2022
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v5i2.5437

Aceh, as one of the autonomous regions in the context of the Unitary State of the Republic of Indonesia, in the practice of implementing Local Government, repeatedly not only positions the type and hierarchy of laws and regulations following Law No. 12 of 2011 on the Establishment of Laws and Regulations but also positions the Helsinki MoU as one of the legal sources. The thing that is the practice in this writing is related to how the implementation of the Helsinki MoU in criminal law policy in Aceh. Research methods are conducted with normative legal research methods and prescriptive research. Data collection in this study is done through literature research. Data analysis is done with qualitative analysis; the process of data analysis and using legal data is also possible to use non-legal data. This study showed that after the MoU of peace between the Indonesian government and GAM was marked on August 15, 2005, in Helsinki, Finland, 24 governments then passed Law No. 11 of 2006 on the aceh government. This law is a political commitment of the Indonesian government in following up on the results of the peace agreement in Helsinki. One of the authorities (autonomy/self-government) granted in the law is to implement Islamic sharia in Aceh in a kaffah both in terms of worship, education, muamalat, shiar, civil law, and criminal law. While implementing the Helsinki MoU is, the regulation related to Jinayat (Criminal Law) has strengthened. Other judicial institutions are also concerned about implementing criminal law in Aceh, although the rules about Criminal Law still cause debate.

IMPLEMENTATION OF THE MOU HELSINKI ON CRIMINAL LAW POLICY IN NANGGROE ACEH DARUSSALAM (NAD) Sekar Langit Jatu Pamungkas; Denmark Erlangga Putra; Valiantnuja Washfaa Yunandeva; Akbar Fahrudin Malik; Nur Faishal Luqman
Khairun Law Journal Volume 5 Issue 2, March 2022
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v5i2.5437

Aceh, as one of the autonomous regions in the context of the Unitary State of the Republic of Indonesia, in the practice of implementing Local Government, repeatedly not only positions the type and hierarchy of laws and regulations following Law No. 12 of 2011 on the Establishment of Laws and Regulations but also positions the Helsinki MoU as one of the legal sources. The thing that is the practice in this writing is related to how the implementation of the Helsinki MoU in criminal law policy in Aceh. Research methods are conducted with normative legal research methods and prescriptive research. Data collection in this study is done through literature research. Data analysis is done with qualitative analysis; the process of data analysis and using legal data is also possible to use non-legal data. This study showed that after the MoU of peace between the Indonesian government and GAM was marked on August 15, 2005, in Helsinki, Finland, 24 governments then passed Law No. 11 of 2006 on the aceh government. This law is a political commitment of the Indonesian government in following up on the results of the peace agreement in Helsinki. One of the authorities (autonomy/self-government) granted in the law is to implement Islamic sharia in Aceh in a kaffah both in terms of worship, education, muamalat, shiar, civil law, and criminal law. While implementing the Helsinki MoU is, the regulation related to Jinayat (Criminal Law) has strengthened. Other judicial institutions are also concerned about implementing criminal law in Aceh, although the rules about Criminal Law still cause debate.

IMPLEMENTATION OF THE MOU HELSINKI ON CRIMINAL LAW POLICY IN NANGGROE ACEH DARUSSALAM (NAD) Sekar Langit Jatu Pamungkas; Denmark Erlangga Putra; Valiantnuja Washfaa Yunandeva; Akbar Fahrudin Malik; Nur Faishal Luqman
Khairun Law Journal Volume 5 Issue 2, March 2022
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v5i2.5437

Aceh, as one of the autonomous regions in the context of the Unitary State of the Republic of Indonesia, in the practice of implementing Local Government, repeatedly not only positions the type and hierarchy of laws and regulations following Law No. 12 of 2011 on the Establishment of Laws and Regulations but also positions the Helsinki MoU as one of the legal sources. The thing that is the practice in this writing is related to how the implementation of the Helsinki MoU in criminal law policy in Aceh. Research methods are conducted with normative legal research methods and prescriptive research. Data collection in this study is done through literature research. Data analysis is done with qualitative analysis; the process of data analysis and using legal data is also possible to use non-legal data. This study showed that after the MoU of peace between the Indonesian government and GAM was marked on August 15, 2005, in Helsinki, Finland, 24 governments then passed Law No. 11 of 2006 on the aceh government. This law is a political commitment of the Indonesian government in following up on the results of the peace agreement in Helsinki. One of the authorities (autonomy/self-government) granted in the law is to implement Islamic sharia in Aceh in a kaffah both in terms of worship, education, muamalat, shiar, civil law, and criminal law. While implementing the Helsinki MoU is, the regulation related to Jinayat (Criminal Law) has strengthened. Other judicial institutions are also concerned about implementing criminal law in Aceh, although the rules about Criminal Law still cause debate.

Analysis of Legal Positivism Theory in Murder Cases: The Role of Evidence, The Objective-Empirical Relationship, and The Influence of Moral Values Valiantnuja Washfaa Yunandeva
Proceeding International Conference Restructuring and Transforming Law 2024: Proceeding International Conference Restructuring and Transforming Law (Special Issue)
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar

The purpose of this writing is to find out how to analyze murder cases based on the theory of legal positivism. Using qualitative research methods. The results and discussion show that the theory of legal positivism plays a central role in the analysis of murder cases by emphasizing objective and empirical aspects. In this context, evidence and facts have a crucial role in determining the guilt or innocence of the defendant. Law enforcement in murder cases is influenced by an approach based on empirical realities that can be measured and identified objectively. Moral and ethical aspects, although they may be relevant in social contexts, do not receive primary emphasis in legal analysis based on positivist theory. Instead, the assessment of criminal acts is more inclined towards facts, rather than considerations of moral values. Thus, legal positivism theory provides a strong foundation for the analysis of murder cases by prioritizing a more objective and empirical approach.

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