Abstract
Qanun is part of the Indonesian legal system that only applies in Aceh. The Aceh government canimplement and enforce Islamic law in social life because it is supported by a dynamic society. However, inresolving criminal cases, Qanun faces many obstacles and is not well resolved, for example in theresolution of pretrial requests at the Sharia Police (Wilayatul Hisbah). Pretrial is a request submitted by asuspect if the actions taken by law enforcement officers are against the law, both in the investigation andprosecution processes. In other words, coercive measures taken by investigators contradict the jinayahprocedural law and the Criminal Procedure Code (KUHAP) related to human rights. This research aims todetermine the authority of Wilayatul Hisbah in handling criminal acts according to Qanun related to thecriminal justice system in Indonesia (Integrated Criminal Justice System). This research was conductedthrough literature studies and interviews with several informants who are considered to understand thecases that occurred during the implementation of Qanun enforcement in Aceh society. This study foundfrequent overlaps in resolving Qanun cases between the police and Wilayatul Hisbah in the same case,resulting in unclear case handling. Effective law enforcement can be carried out if the five pillars of lawfunction well: legal instruments or law enforcement officers, community members, legal regulations,cultural factors or legal culture, as well as facilities and infrastructure that can support the properimplementation of Qanun.
Keywords: Pre-Trial, Sharia Police, Aceh Qanun, Islamic Criminal, Wilayatul Hisbah.
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