Implementation of sanction article 23 paragraph 2 Qanun Aceh Number 6 of 2014 concerning khalwat facility provider in Aceh Provinse (case study in South Aceh)

Putri, Yuni Fauziah (2024) Implementation of sanction article 23 paragraph 2 Qanun Aceh Number 6 of 2014 concerning khalwat facility provider in Aceh Provinse (case study in South Aceh). Undergraduate thesis, UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan.

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Abstract

Providing facilities for jarimah khalwat is one of the violations of the Shari'ah violates shari'a. In Aceh Qanun Number 6 of 2014 article 23 paragraph 2, khalwat facility providers are every person, business entity, and government apparatus who intentionally provide facilities, facilities, and government officials who intentionally provide facilities, facilities to protect and promote jarimah khalwat. protect and promote jarimah khalwat. In this case it is not a place, house, or room only as a facility, but including offering oneself or services to serve masher men or services to serve masher men or commonly called prostitution. Women as a provider of facilities for jarimah khalwat is an act punishable by ta'zir. which is punishable by ta'zir, this is an effort so that Islamic Shari'a in the province of Nanggroe Aceh Darussalam can be implemented. Nanggroe Aceh Darussalam Province can be enforced. The purpose of this research is first, to know the legal considerations of judges in deciding cases for providers of jarimah khalwat facilities. in deciding cases for providers of jarimah khalwat facilities in the verdict of the decision of the syaria'h court of Banda Aceh. The problem in this study is how the system of determining the legal sanctions of flogging for the perpetrators of the criminal act of khalwat (mesum) in the Syar'iyah Court of Langsa and why the judge imposes flogging on the criminal act of khalwat (mesum). The sanctions for the perpetrators of the crime of pervert (khalwat) are regulated in Qanun Jinayat Law Number 6 of 2014, namely: Article 23 paragraph (2) which jarimah provider khalwat facility , threatened with Uqubat tak'zir whipping at most 15 (fifteen) times or a maximum fine of 150 (one hundred fifty) grams of pure gold or imprisonment for a maximum of 15 (fifty) months ''. The type of research used by the author is field research. This type of research is directly plunged into the location to be studied. In this case the author will look for data related to Whipping Sanctions for Perpetrators of Mesum Crimes at the Langsa Syar'iyah Court (Study of the Analysis of the Decision of the Langsa Syar'iyah Court), as the object of research. As for what the author concludes from this research, the system of giving whipping for the perpetrators of the crime of khalwat (mesum) in the Tapaktuan syar'iyah Court is based on existing legal rules and the agreement of the judges of the Tapaktuan syar'iyah Court. The reason for the judge to impose flogging is quite effective in deterring the perpetrators of jarimah ta'zir. Flogging punishment is said to be effective because it has several features compared to other punishments.

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