POLEMIK HUKUMAN CAMBUK DALAM QANUN ACEH PERSPEKTIF HAK ASASI MANUSIA

Achmad Yazid Bistomi, NIM.: 17103040089 (2023) POLEMIK HUKUMAN CAMBUK DALAM QANUN ACEH PERSPEKTIF HAK ASASI MANUSIA. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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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.

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