Pre-Trial Analysis of Wilayatul Hisbah Authority in Qanun Criminal Jurisdiction: A Study in Banda Aceh Syar'iyyah Court

Abstract 


Qanun is part of the Indonesian legal system that only applies in Aceh. The Aceh government can
implement and enforce Islamic law in social life because it is supported by a dynamic society. However, in
resolving criminal cases, Qanun faces many obstacles and is not well resolved, for example in the
resolution of pretrial requests at the Sharia Police (Wilayatul Hisbah). Pretrial is a request submitted by a
suspect if the actions taken by law enforcement officers are against the law, both in the investigation and
prosecution processes. In other words, coercive measures taken by investigators contradict the jinayah
procedural law and the Criminal Procedure Code (KUHAP) related to human rights. This research aims to
determine the authority of Wilayatul Hisbah in handling criminal acts according to Qanun related to the
criminal justice system in Indonesia (Integrated Criminal Justice System). This research was conducted
through literature studies and interviews with several informants who are considered to understand the
cases that occurred during the implementation of Qanun enforcement in Aceh society. This study found
frequent 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 law
function 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 proper
implementation of Qanun.

Keywords: Pre-Trial, Sharia Police, Aceh Qanun, Islamic Criminal, Wilayatul Hisbah. 


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