KEBIJAKAN HUKUM PIDANA DALAM PENANGGULANGAN TINDAK PIDANA SYARI’AT ISLAM DI ACEH

  • Muammar Muammar
  • Gusti Ferdiany Sriwardani Abdallah
Kata Kunci: Criminal Law Policy, Handling, Violation, Islamic Shari'ah

Abstrak

Aceh in its very long history has made Islam a foundation and philosophy in life, however, after nearly two decades of the implementation of Islamic syari'at being legally recognized by the state, its effectiveness has not yet been created. Therefore, this study aims to find the formulation of criminal law policies in tackling violations of Islamic sharia in Aceh. This research was conducted using a normative juridical method, which is a doctrinal research. The research found that criminal law policies that can be implemented to overcome violations of Islamic shari'ah in Aceh are through penal and non-penal. Non-penal efforts are efforts that emphasize countermeasures on prevention efforts before the violation occurs, such as harmonizing Islamic law with customary laws that develop and apply in Acehnese society and increasing socialization of Islamic syari'at and a judiciary that is authorized to adjudicate shari'a violations' at Islam so that gampong justice will no longer occur and efforts with penalties are efforts. Then is apaya penal, this effort is an effort whose formulation stage consists of legislative policies, which can be in the form of an increase in the budget and other supporting facilities and facilities in upholding Islamic law, the second is judicial policies in the form of increasing human resources who are truly competent in law enforcement. Islamic law in Aceh. As well as executive policy, namely in the form of application.

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2021-01-06