%A NIM.: 22203011008 Tri Vany Maulida, S.H
%O Pembimbing: Prof. Drs. H. Ratno Lukito, M.A., DCL
%T PENGARUH LIVING LAW TERHADAP PENERAPAN QANUN SYARI’AH DI KOTA LANGSA
%X Living law will always live in society. Living law is an idea that describes law
as something that is alive, dynamic, and rooted in the daily lives of the community.
The special autonomy given to Aceh is proof of Aceh's special status as a region
that implements Islamic law as the main basis for governance, which makes it
unique in the state system. The problems in this study are how does living law affect
the implementation of special autonomy in the application of Qanun in Langsa City,
and how is the community's understanding of living law towards the implementation
of special autonomy in the application of Qanun in Langsa City.
The type of research is field research, namely a series of research activities
carried out by involving the collection and analysis of data from the field. This study
uses an empirical or empirical legal sociological approach using the theory of
living law and the theory of Maslahah Mursalah, in order to understand how living
law and Qanun are applied and understood in a social context.
Based on the results of the study, it shows that the people of Langsa City are
aware of and appreciate the customs and norms that have been passed down from
generation to generation. They usually see this living law as part of the daily lives
of the people of Langsa City. The presence of Islam forms a new culture in every
activity of the Langsa City community that has an Islamic nuance, so that there is
a combination of living law that applies in society with teachings that are in
accordance with sharia. Living law greatly influences the people of Langsa City to
be aware of the law that has become part of their lives. One example of a regulation
that is in accordance with living law and Qanun is the legitimacy of criminal law.
Living law plays an important role in the formation and implementation of Qanun,
with the existence of living law the local government can form regulations
according to what happens in the lives of the people of Langsa City. And make it
easier for the community to accept the Qanun that has been formed. The
implementation of Qanun that occurs in Langsa City is in accordance with the
influence of living law. Understanding living law is very necessary in the
implementation of the application of Qanun which is a regulation from the special
autonomy section of the Aceh Province. Many factors influence people's
understanding of living law such as education and socialization, as well as culture
and customs. Living law plays an important role in strengthening special autonomy
in Langsa City by emphasizing the identity and local wisdom of the Langsa City
community. This is what helps in maintaining the cultural characteristics that exist
in Langsa City and enforcing the Qanun law which is seen as different from national
law in Indonesia.
%K Living Law, Peraturan Daerah, Hukum Adat, Otonomi Khusus
%D 2024
%I UIN SUNAN KALIJAGA YOGYAKARTA
%L digilib67621