LEGALITE https://journal.iainlangsa.ac.id/index.php/legalite <p>Legalite merupakan sebuah jurnal hukum pidana islam yang menyesuaikan dengan&nbsp; &nbsp; &nbsp;isu - isu kekinian dengan mengikuti hukum pidana yang berlaku di Indonesia.&nbsp;</p> IAIN Langsa en-US LEGALITE 2527-9424 PELAKSANAAN SYARIAT ISLAM PADA QANUN NOMOR 11 TAHUN 2002 BIDANG AQIDAH, IBADAH, DAN SYIAR ISLAM https://journal.iainlangsa.ac.id/index.php/legalite/article/view/1106 <p>Wilayatul Hisbah in Aceh stand hand in hand with the implementation of the Islamic jurisprudence requiring the Agency supervisor. The existence of this institution has been legally valid through Qanun number 11 2002 Article 14 of Chapter VI and Qanun No. 12 of 2003 article 16 to 18. Then in the next series of Qanun mentioned authorities and provisions charged to the Wilayatul Hisbah as the catalyst for the success of the Islamic Sharia in Aceh. In law number 11 of 2006 about Aceh Government, strengthen the presence of Wilayatul Hisbah not only as an overseer of the Shari'ah of Islam but more than it did the enforcement of qanun-qanun field of Islamic Shari'ah. It can be seen in section 244 subsection (2) of ACT No. 11 of 2006 explicitly states that the function of the Wilayatul Hisbah is ideal as a special police enforcing Islamic Sharia qanun-qanun. As part of the supervisory enforcement actions i.e. conduct surveillance against laws and violation of execution of invitation in the field of Islamic jurisprudence. This is a qualitative Research method using a descriptive analytical methods that describe and analyze problems expressed that aims to describe in concrete Wilayatul Hisbah. About the role of the research Specification i.e. the legal research that uses this type of Normative legal research also assisted with legal research or Empirical Sociological legal research. Primary data, i.e. data obtained directly from informants as a source in the research field in the form of interviews, documents, while the secondary data source i.e., from books, legislation, journals etc., to look at the role of the Wilayatul Hisbah in enforcement qanun No. 11 of 2002 on the implementation of the Islamic Shari'a field of Aqidah, worship, and rituals of Islam in Langsa.</p> Mariadi Copyright (c) 2018-12-31 2018-12-31 3 II 113 154 PERLINDUNGAN HUKUM TERHADAP ANAK KORBAN PEMERKOSAAN (ANALISIS DAMPAK PSIKOLOGIS TERHADAP PUTUSAN MAHKAMAH SYAR’IYYAH KOTA LANGSA) https://journal.iainlangsa.ac.id/index.php/legalite/article/view/1107 <p>The implementation of legal protection for child victims of rape has not been maximized as provided by the Law. Even though it has not been maximal, there are several forms of legal protection that have been given to children as victims according to Law Number 35 Year 2014 concerning Child Protection article 64 paragraph (3), that children as victims get (a) rehabilitation both within institutions and outside the institution , (b) identity protection and reporting efforts through the mass media to avoid labeling, (c) providing safety guarantees for witnesses of victims and expert witnesses both physically, mentally and socially, and (d) providing accessibility to obtain information about the development of cases. first, getting harmony between the theories used with legal decisions carried out by the Langsa City Islamic Court. Second, knowing the psychological impact of child rape victims and thirdly, the obstacles faced in deciding the rape of the rape are still different from the Law on Child Protection, meaning that there is still dualism in the laws that apply in Aceh, including in Langsa City.</p> Amrunsyah Copyright (c) 2018-12-31 2018-12-31 3 II 155 182 PENYELESAIAN SENGKETA MELALUI PERADILAN ADAT ACEH https://journal.iainlangsa.ac.id/index.php/legalite/article/view/1108 <p>Juridically, the implementation of customary justice has been supported by a number of laws and regulations. In various laws and regulations, it was stated explicitly that strengthening customary law and customary justice must start from the Gampong and Mukim. Dispute resolution in the adat court does not mention customary justice but directly mentions the name of government institutions such as gampong and mukim. So that customary justice is carried out traditionally in Gampong and customary settlement in Mukim. While the Mukim Adat Assembly functions as a body that maintains and develops adat, organizes customary peace, resolves and gives customary decisions on disputes and customary violations, gives legal force to things and other evidences according to adat. Procession Gampong disputes / disputes are held in the Meunasah while the Mukim adat court is held in mosques, or other places designated by the Keuchik and Imeum Mukim. Related to the procedures and conditions for resolving disputes / disputes, carried out in accordance with local customary provisions.</p> Mulyadi Nurdin Copyright (c) 2018-12-31 2018-12-31 3 II 183 193 HUKUMAN HAD BAGI PELAKU HOMOSEKSUAL PERSPEKTIF MUHAMMAD ABDUH https://journal.iainlangsa.ac.id/index.php/legalite/article/view/1109 <p>Islamic jurisprudence see that sexual desire is a humanbase, a natural power that is in a human. So, islamicjurisprudence regulate a human biological sexual desire channelby a marriage, and they don‟t agree a sexual deviation, such ashomosexual. Homosexual is a bad behaviour that is prohibitedin islamic jurisprudence based on al-Quran and hadis. Scribes ofislamic jurisprudence agree to forbid homosexual, although there are so many opinion about law sanction for them. Some of thescribes say that they have to be killed, have to be punished, suchas a judgement for they commit an adultery, and even they say that homosexual will be punished in jail.</p> Muhammad Alwin Copyright (c) 2018-12-31 2018-12-31 3 II 194 216 PERIODISASI POLITIK HUKUM PIDANA ISLAM ACEH SEJAK TAHUN 2000-2018 https://journal.iainlangsa.ac.id/index.php/legalite/article/view/1110 <p>Periodization of Islamic criminal politics in Aceh since 2000-2018 is the dynamics of the politics of Islamic criminal law in the Acehnese society in the application of Islamic law in Aceh Province carried out under the principle of lex specialis derogaatlege generalis. Periodization of Islamic criminal politics in Aceh from 2000-2018 with the issuance of Law No. 18 of 2001 concerning Special Autonomy for the Special Province of Aceh as the Province of Nanggroe Aceh Darussalam which was implemented in Qanun Number 11 of 2002 concerning the Implementation of Islamic Sharia in the Aqeedah Islam, Qanun Number 12 of 2003 concerning Khamar and the like, Qanun Number 13 of 2003 concerning Maisir (Gambling), Qanun Number 14 of 2003 concerning Seclusion (Mesum) and Qanun Number 4 of 2004 concerning Management of Zakat. The politics of Islamic criminal law has developments with the Law of the Republic of Indonesia Number 11 of 2006 concerning Aceh Government. The mandate of the Republic of Indonesia Law Number 11 of 2006 concerning the Government of Aceh in the application of Islamic criminal law is implemented through Qanun Number 6 of 2014 concerning Jinayat Law and Qanun Number 7 of 2013 concerning Jinayat Procedure Law which implements' Uqubat Cambuk on the mosque yard and / or open field has been running safely, orderly, unpretentious, effective and efficient. However, the period 20 is December 13, 2013. In this periodization the application of Islamic criminal law in accordance with Qanun Number 6 of 2014 concerning Jinayat Law and Qanun Number 7 of 2013 concerning Jinayat's Procedure Law runs smoothly and effectively. Periodization of 2017 until now, the political dynamics of Islamic criminal deterioration occurred with the issuance of Aceh Governor's Regulation Number 05 of 2018 concerning the Implementation of Jinayat's Laws that moved 'Uqubat Cambuk open space held in the courtyard of the mosque and / or open field. effectively and efficiently moved its location to the community / detention center / detention center.</p> Syamsuddin Bahrum Copyright (c) 2018-12-31 2018-12-31 3 II 217 232