PROBLEMATIKA YURIDIS LEGISLASI SYARIAT ISLAM DI PROVINSI NANGROE ACEH DARUSSALAM

Abstract

Nanggroe Aceh Darussalam (NAD) in the reform era is authorized returned to implement Sharīah (Islamic law). Its authority is justified by the l egal basis: Law No. 44 of 1999 on Privileges of Aceh, Law No. 18 of 2001 on Special Autonomy for the Province of Aceh as Nanggroe Aceh Darussalam, and Law No. 11 of2006 regarding the Government of Aceh. From this legal basis, then followed by the formulation of regulations ( Qānūn) at the provincial level. But legislation of implementi ng shari'ah law in NAD contains problematic juridical. For instance: determining ofsanctions, in the form of whipping and one or two years imprisonment, considered against legislation in higher level. Another problem is that Syar'iyyah Court positions still below on the Supreme Court (MA) as the highest court. The efforts to open “special room” of Supreme Court in NAD is seen as a solution not to take it below on the Supreme Court, seen a contrary to the laws and regulations are higher. Likewise, the competence of Syar'iyyah Court particularly in handling a criminal cases is still obscure and there is a clash with the competence of the District Court.

Keywords

• syariat Islam
• Provinsi NAD
• Mahkamah Syar’iyyah
• yuridis