Proceedings of the 1st Workshop on Multidisciplinary and Its Applications Part 1, WMA-01 2018, 19-20 January 2018, Aceh, Indonesia

Research Article

Dualism of Regulation of Criminal Law in Aceh:Criticizing the Neglected Legal Certainty

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  • @INPROCEEDINGS{10.4108/eai.20-1-2018.2282431,
        author={Liza Agnesta  Krisna and Kuat Puji  Prayitno},
        title={Dualism of Regulation of Criminal Law in Aceh:Criticizing the Neglected Legal Certainty},
        proceedings={Proceedings of the 1st Workshop on Multidisciplinary and Its Applications Part 1, WMA-01 2018, 19-20 January 2018, Aceh, Indonesia},
        publisher={EAI},
        proceedings_a={WMA-1},
        year={2019},
        month={9},
        keywords={aceh criminal dualism regulation},
        doi={10.4108/eai.20-1-2018.2282431}
    }
    
  • Liza Agnesta Krisna
    Kuat Puji Prayitno
    Year: 2019
    Dualism of Regulation of Criminal Law in Aceh:Criticizing the Neglected Legal Certainty
    WMA-1
    EAI
    DOI: 10.4108/eai.20-1-2018.2282431
Liza Agnesta Krisna1,*, Kuat Puji Prayitno2
  • 1: Departemen of Law, Samudra University, HR.Boenyt, Aceh, Indonesia
  • 2: Departmen of Criminal Law, Jenderal Soedirman, HR.Boenyamin Street, Semarang, Indonesia
*Contact email: agnes_krisna@ymail.com

Abstract

The purpose of this study is to analyze the dualism of the regulation of criminal law in Aceh after the enactment of Qanun No. 6 year 2014 regarding Jinayat Law which resulted in the uncertainty of the implementing of criminal law. The research approach is statute approach using secondary data that deeply discussed the contents of a written document. But in this research also use empirical method by conducting interview to one of the District Court judge. In reality there is a dualism of regulation of criminal law in Aceh. The data shows that the act of sexual abuse and rape of children there are 2 (two) First, Law No. 35 Year 2014 on Amendment to Law No. 23 Year 2002 regarding Child Protection, the trial was carried out by District Court and second, Qanun No. 6 Year 2014 regarding Jinayat Law which is trial was carried out by the Syar'iyah Court. The background of this dualism is the disagreement between law enforcer in Aceh and the consideration of sanctions contained in the qanun is lower than the law. This dualism resulted in legal certainty for the defendants, victims and the public.