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All Journal Sujud: Jurnal Agama, Sosial dan Budaya
M Ilham Agustian
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Religion Humanities Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice Social Sciences

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Implementasi Asas Legalitas dalam Pasal 34 Qonun Jinayat Fathi Yakan A; M Ilham Agustian; Deden Najmudin
Sujud: Jurnal Agama, Sosial dan Budaya Vol. 2 No. 1 (2026): JANUARI
Publisher : Indo Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63822/aagp8t21

Abstract

This article examines the implementation of the principle of legal certainty or legality in the Qanun Jinayat, specifically Article 34, a regulation of Islamic criminal law in Aceh. This research is motivated by differing views regarding the application of the Qanun Jinayat, particularly regarding the principle of legality, a fundamental principle in modern criminal law. The principle of legality, which states that "there is no punishment without law," aims to protect individuals from arbitrary actions by those in power. However, in the context of the Qanun Jinayat, it is questionable whether this regulation fully accommodates these concerns. This research uses a normative legal research method with a conceptual and regulatory approach. Data were collected through literature review, legal document analysis, and interpretation of articles in the Qanun Jinayat. The results indicate that the Qanun Jinayat has attempted to adopt the principle of legality by clearly defining prohibited acts (jarimah).
Co-Authors Deden Najmudin Fathi Yakan A