Implementing Islamic Criminal Law: Does it Break the Indonesian Legal System?

Nurdin, Nurdin and Muhammad, Nur (2020) Implementing Islamic Criminal Law: Does it Break the Indonesian Legal System? International Journal of Innovation, Creativity and Change, 12 (6). pp. 135-150. ISSN 2201-1323

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Abstract

This study aims to discuss Islamic criminal law in Indonesia, also known as the Law of Aceh Qanun, as a legal product in ACEH, which is a source of Sharia law. The main purpose of the law of Jinayat ACEH Qanun is to follow the prevailing legal system in Indonesia. The Indonesian national legal system is based on Pancasila and Constitution 1945. A clash between Islamic and Indonesian criminal law has frequently occurred in practice. The challenge is to obtain future recommendation. The results of the study prove that any existing legal domain must originate from Pancasila and Constitution 1945. Based on the results , the validity of ACEH Jinayat Qanun in consistent with the special authority of ACEH government concerning Sharia. Regarding the legal perspective, legal authority is a form of attribution, which did not exist previously , but has been established by legislators or DPR (the people of DPR), more specifically Heldit. The result show that each existing legal domain must derive from Pancasila and the 1945 Constitution. Therefore, the enactment of the Aceh Jinayat Qanun is consistent with the Aceh Government's specific authority on Islamic Shari'a. According to the legal perspective, this authority is legitimate as an attributive authority, which was previously non- -existent, but has been established by DPR legislators (the People’s House of Representative) which specifically upheld it.

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