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IDENTITAS KULTURAL, NEGOSIASI, DAN AMBIVALENSI: PENEGAKAN HUKUM JARIMAH ZINA DI BANDA ACEH
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.
PASCASARJANA, UIN SUNAN KALIJAGA YOGYAKARTA
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