Gagasan pemikiran pengaturan hukuman cambuk bagi pelaku nikah sirri dalam rancangan qanun Provinsi Aceh

Abstract

The emergence of the idea of the Caning Punishment Qanun for Siri Marriages
in Aceh brought many pros and cons, both by the Indonesian people and
religious institutions in the mass media, both print and electronic. to implement
Islamic law through Law Number 44 of 1999 concerning the Implementation of
Privileges for the Special Region of Aceh. The family law qanun that is made
must be able to provide legal protection and certainty to human dignity in a
marriage, including the idea of the qanun regarding the Caning Punishment for
Siri Marriage Perpetrators in Aceh. This research is important to answer
several problems, namely First, how are the criminal sanctions for the
perpetrators of unregistered marriages in the perspective of Islamic law.
Second, what are the legal consequences that arise from the application of
caning as a criminal liability for the perpetrators of unregistered marriages,
and Third, why the punishment of canbuk is imposed on the perpetrators. sirri
marriage needs to be implemented in Aceh. Empirical-normative legal
research. Empirical legal research, also known as field research, is the
collection of research materials or materials that must be sought or searched
for by themselves because they are not yet available. The activities carried out
can be in the form of making interview guidelines and followed by finding and
interviewing informants. In this study, a researcher always bases his thoughts
on the rule of law as the main legal material for research. The collected legal
materials were analyzed with a qualitative normative juridical method. Where,
with this method is expected to obtain a clear picture of the subject matter. In
this study, the authors analyze the idea of setting the Caning Punishment for
Siri Marriage Perpetrators in the draft qanun for family law in Aceh (response
of Indonesian religious institutions and society).