Indigenous Sanction of Expulsion in Central Aceh District (Human Rights Perspective)

<p>Aceh Province as an Islamic Sharia Regional has culture and customs based on the values of the Quran and Hadith. For the Acehnese people, customs and laws cannot be totally separated that Acehnese customary law continues to grow until the birth of Acehnese <em>Qanun</em> Number...

Full description

Saved in:
Bibliographic Details
Main Authors: Valentina Shanty, Adwani Adwani, Azhari Yahya
Format: Article
Language:Arabic
Published: Fakultas Syariah IAIN Madura 2018-12-01
Series:Al-Ihkam: Jurnal Hukum dan Pranata Sosial
Subjects:
Online Access:http://ejournal.stainpamekasan.ac.id/index.php/alihkam/article/view/1828
Tags: Add Tag
No Tags, Be the first to tag this record!
_version_ 1849702529162543104
author Valentina Shanty
Adwani Adwani
Azhari Yahya
author_facet Valentina Shanty
Adwani Adwani
Azhari Yahya
author_sort Valentina Shanty
collection DOAJ
description <p>Aceh Province as an Islamic Sharia Regional has culture and customs based on the values of the Quran and Hadith. For the Acehnese people, customs and laws cannot be totally separated that Acehnese customary law continues to grow until the birth of Acehnese <em>Qanun</em> Number 9 of 2008 concerning the Development of Indigenous and Customary Life. In the implementation, the customary sanctions experience some obstacles due to their unwritten characteristic that made them slightly shifted by the presence of national law. As what happens nowadays in Central Aceh District which is famous with its traditional values, there found legal issues for the customary instrument (Sarak Opat) when the customary sanctions considered discriminatory and arbitrary. Therefore, the settlement of customary disputes must be in accordance with humanitarian principles prioritizing the principle of deliberation and peace although many obstacles still exist at the level of implementation because of lack of understanding by both community and customary instruments related to the implementation of customary itself.</p>
format Article
id doaj-art-2a8b72ad98df467bb1502eb7f741d83f
institution DOAJ
issn 1907-591X
2442-3084
language Arabic
publishDate 2018-12-01
publisher Fakultas Syariah IAIN Madura
record_format Article
series Al-Ihkam: Jurnal Hukum dan Pranata Sosial
spelling doaj-art-2a8b72ad98df467bb1502eb7f741d83f2025-08-20T03:17:36ZaraFakultas Syariah IAIN MaduraAl-Ihkam: Jurnal Hukum dan Pranata Sosial1907-591X2442-30842018-12-0113225427210.19105/al-ihkam.v13i2.18281313Indigenous Sanction of Expulsion in Central Aceh District (Human Rights Perspective)Valentina Shanty0Adwani Adwani1Azhari Yahya2Postgraduate Program of Syiah Kuala University, Darussalam Banda AcehPostgraduate Program of Syiah Kuala University, Darussalam Banda AcehPostgraduate Program of Syiah Kuala University, Darussalam Banda Aceh<p>Aceh Province as an Islamic Sharia Regional has culture and customs based on the values of the Quran and Hadith. For the Acehnese people, customs and laws cannot be totally separated that Acehnese customary law continues to grow until the birth of Acehnese <em>Qanun</em> Number 9 of 2008 concerning the Development of Indigenous and Customary Life. In the implementation, the customary sanctions experience some obstacles due to their unwritten characteristic that made them slightly shifted by the presence of national law. As what happens nowadays in Central Aceh District which is famous with its traditional values, there found legal issues for the customary instrument (Sarak Opat) when the customary sanctions considered discriminatory and arbitrary. Therefore, the settlement of customary disputes must be in accordance with humanitarian principles prioritizing the principle of deliberation and peace although many obstacles still exist at the level of implementation because of lack of understanding by both community and customary instruments related to the implementation of customary itself.</p>http://ejournal.stainpamekasan.ac.id/index.php/alihkam/article/view/1828CustomIndigenous SanctionHuman RightsAceh
spellingShingle Valentina Shanty
Adwani Adwani
Azhari Yahya
Indigenous Sanction of Expulsion in Central Aceh District (Human Rights Perspective)
Al-Ihkam: Jurnal Hukum dan Pranata Sosial
Custom
Indigenous Sanction
Human Rights
Aceh
title Indigenous Sanction of Expulsion in Central Aceh District (Human Rights Perspective)
title_full Indigenous Sanction of Expulsion in Central Aceh District (Human Rights Perspective)
title_fullStr Indigenous Sanction of Expulsion in Central Aceh District (Human Rights Perspective)
title_full_unstemmed Indigenous Sanction of Expulsion in Central Aceh District (Human Rights Perspective)
title_short Indigenous Sanction of Expulsion in Central Aceh District (Human Rights Perspective)
title_sort indigenous sanction of expulsion in central aceh district human rights perspective
topic Custom
Indigenous Sanction
Human Rights
Aceh
url http://ejournal.stainpamekasan.ac.id/index.php/alihkam/article/view/1828
work_keys_str_mv AT valentinashanty indigenoussanctionofexpulsionincentralacehdistricthumanrightsperspective
AT adwaniadwani indigenoussanctionofexpulsionincentralacehdistricthumanrightsperspective
AT azhariyahya indigenoussanctionofexpulsionincentralacehdistricthumanrightsperspective