eprintid: 58525
rev_number: 12
eprint_status: archive
userid: 12243
dir: disk0/00/05/85/25
datestamp: 2023-05-12 05:58:01
lastmod: 2023-05-12 05:58:01
status_changed: 2023-05-12 05:58:01
type: thesis
metadata_visibility: show
contact_email: muchti.nurhidaya@uin-suka.ac.id
creators_name: Achmad Yazid Bistomi, NIM.: 17103040089
title: POLEMIK HUKUMAN CAMBUK DALAM QANUN ACEH PERSPEKTIF
HAK ASASI MANUSIA
ispublished: pub
subjects: hak_asasi
subjects: il_huk
divisions: il_hum
full_text_status: restricted
keywords: human rights; criminal law; caning
note: Pembimbing: Faiq Tobroni, M.H.
abstract: Caning in Aceh is a privilege obtained by the Aceh Region for
implementing Islamic law; this privilege is regulated in Law Number 44 of 1999
concerning the Implementation of Aceh Privileges. The implementation of Islamic
law is supported by the Aceh Qanun, which regulates the implementation of Islamic
law as a whole. In the implementation of caning punishment in Aceh, there are
various perceptions, both among those who are pro-caning punishment and among
those who are against caning punishment, which is considered to violate human
rights. In this study, there are two formulations of the problem raised, namely: (1)
What is the justification for caning in Aceh Qanun according to the criminal law
policy? (2) What is the argument for caning in Aceh Qanun from a human rights
perspective?
In this study, researchers used qualitative research methods. Qualitative
methods place a greater emphasis on observing phenomena and delving into the
substance of their meaning. The analysis and acumen of qualitative research are
greatly affected by the strength of the words and sentences used. The authors used
qualitative analysis methods in this study to further their studies and descriptions.
The compiler then draws conclusions deductively, that is, by moving from general
to specific information. This research uses library research, which is a series of
studies using library data collection methods.
Caning punishment in Aceh is in accordance with the principle of
penalization in criminal law policy, namely, the fulfillment of economic principles,
the fulfillment of humanist principles, and the fulfillment of the principle of justice.
Looking at the above arguments, it is clear that caning is a violation of human rights
because it is not in accordance with the law that regulates the prohibition of torture.
However, due to the existence of caning in Aceh due to the privileges that regulate
the area to implement Islamic law, in accordance with article 18B of the 1945
Constitution that the state respects the privileges of a region and article 28J
concerning restrictions on the rights of citizens, caning in Aceh is a punishment that
does not violate human rights.
date: 2023-01-24
date_type: published
pages: 116
institution: UIN SUNAN KALIJAGA YOGYAKARTA
department: FAKULTAS SYARIAH DAN HUKUM
thesis_type: skripsi
thesis_name: other
citation:   Achmad Yazid Bistomi, NIM.: 17103040089  (2023) POLEMIK HUKUMAN CAMBUK DALAM QANUN ACEH PERSPEKTIF HAK ASASI MANUSIA.  Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.   
document_url: https://digilib.uin-suka.ac.id/id/eprint/58525/1/17103040089_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf
document_url: https://digilib.uin-suka.ac.id/id/eprint/58525/2/17103040089_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf