THE URGENCY OF HARMONIZATION OF OFFENSE TYPES IN THE QANUN JINAYAT AS AN EFFORT TO AVOID DUALISM IN APPLICATION OF LAW

Abstract

Aceh has privileges and special autonomy in running a government based on Islamic law. Based on this authority, Aceh has given birth to the Qanun Jinayat, namely provisions that regulate prohibited actions according to shari'a. Based on the Law on Governing Aceh, the Qanun Jinayat has a special position that cannot be fully equated with regional regulations' principles. During the implementation of the Qanun Jinayat, there has been a polemic of legal dualism with the national criminal law. As part of Indonesia, the Qanun Jinayat should harmonize its material content with the national criminal law. The urgency of harmonizing the two regulations is the focus of this article. This research is normative legal research but departs from the implications of the dualism that has occurred. This research shows that there is the neglect of horizontal harmonization in the formulation of the Qanun Jinayat, that systemic steps must be taken to prevent dualism of law in the formulation of the forthcoming Qanun Jinayat by avoiding the sectoral ego of the Aceh government by guiding the concept of "Limited Normality Principles".

Keywords

• harmonization
• offense
• qanun jinayat
• dualism