%0 Thesis
%9 Doctoral
%A Mujtahid, NIM.: 20300011010
%B PASCASARJANA
%D 2025
%F digilib:70412
%I UIN SUNAN KALIJAGA YOGYAKARTA
%K Aceh, Zina, Jarimah, Penegakan Hukum, Identitas  Kultural, Negosiasi, Ambivalensi
%P 305
%T IDENTITAS KULTURAL, NEGOSIASI, DAN AMBIVALENSI: PENEGAKAN HUKUM JARIMAH ZINA DI BANDA ACEH
%U https://digilib.uin-suka.ac.id/id/eprint/70412/
%X This study aims to explain the dynamics of enforcing jarimah  zina (the crime of adultery) in Banda Aceh by analyzing how cultural  identity influences law enforcement, constructs ambivalent attitudes,  and shapes the negotiation efforts undertaken by alleged perpetrators  of zina with the community and law enforcement officials. This  research also reveals the knowledge base of the community in  enforcing the law and their tendency to be more reactive toward  jarimah related to acts of zina compared to other offenses regulated  under Qanun Jinayat.  This study employs a legal anthropology approach, with  research conducted in four gampong (villages) in Banda Aceh. Data  were collected through interviews with informants, including the  general public, academics, government officials, and law enforcement  officers, as well as through documents related to the enforcement of  jarimah zina in Banda Aceh. The field data—including interview  transcripts, documentation, observations, and other literature  references—were analyzed using a conceptual framework developed  based on Pierre Bourdieu’s theory of habitus and Lawrence M.  Friedman's theory of the legal system.  Based on the collected data, this study presents several key  findings. First, cultural identity constructs ambivalent attitudes within  society, as there is a prevailing belief that asoe lhok (indigenous  residents) have the authority to safeguard the reputation of the  gampong. Consequently, they take firm action against those suspected  of violating sharia in their area. Analyzing cases processed by law  enforcement authorities reveals that all prosecuted offenders were  ureung tamong (outsiders) in the gampong where the incident  occurred, despite evidence that asoe lhok individuals were also  involved. The concept of top male (concealing disgrace) explains why  cases involving asoe lhok are not legally processed, as the community  is reluctant to disclose such cases to the public. Second, the enforcement of jarimah zina in Banda Aceh  illustrates a dynamic negotiation process between alleged offenders,  the community, and law enforcement authorities, rooted in the cultural  and social dynamics of the region. These negotiations are not  unidirectional, leading to diverse legal outcomes, including  resolutions at the gampong level, formal processing by law  enforcement, or informal settlements that completely bypass formal  legal procedures. Third, the low level of public knowledge about  Qanun Jinayat contributes to ambivalence in enforcing jarimah zina.  On the one hand, society believes that every case of zina should result  in caning punishment. On the other hand, their limited understanding  of formal legal procedures makes them more inclined to resolve zina  cases informally. This attitude is also influenced by their lack of trust  in law enforcement authorities. As a result, the legal behavior of Banda  Aceh’s residents is shaped more by local social and cultural norms  than by the regulations outlined in Qanun Jinayat.  Furthermore, zina is perceived as harming the family institution,  with consequences not only for the perpetrators but also for their  descendants. This is reflected in the term aneuk bajeung used in  Acehnese society to describe children born from zina. However, this  stigma does not apply to other jarimah, such as gambling or alcohol  consumption, which do not directly affect lineage and inheritance.  This study contributes to the discourse on legal reform in Indonesia,  particularly in culturally complex regions such as Aceh.
%Z Prof. Dr. H. Ali Sodiqin, M.Ag. dan Prof. Dr. Moch. Nur Ichwan, M.A.