THE IMPLEMENTATION OF THE CANING LAW IN ACEH: IS IT MORE EFFECTIVE?

Abstract

The birth of the caning law in Aceh certainly aims to regulate the life order of the people in Aceh both in terms of behaviour and social aspects so that it is achieved well and is safe and prosperous based on Islamic teachings and norms. This article will briefly describe the effectiveness of applying the caning law in Aceh after enacting the Aceh Qanun Number 6 of 2014 concerning Jinayat Law. This research is qualitative with an anthropological approach using ethnographic methods with data collection techniques using three kinds of methods: in-depth interviews, observation, and documentation. In contrast, data analysis uses four stages: data reduction, data organization, data verification, and conclusion. The research results show that the implementation of caning has not been able to reduce violations of Islamic law, especially in several regions. This is proven by increased cases recorded at the Aceh Sharia Court. The current ineffectiveness of caning is also influenced by the financial aspect, namely the very large budget for the caning procession activities, which is borne by the District/City Regional Governments in Aceh through the District/City Revenue Expenditure Budget (APBK) with a nominal value of one caning procession being quite large. So that it is necessary to redesign the implementation of caning in Aceh practically and economically by referring to the opinion of the Shafi’i school of fiqh, which states that the execution of caning punishment is sufficient to be witnessed by four believers, the procession of caning punishment can be carried out in a simple place, and it is enough to be witnessed by law enforcement officials to minimize budget spending so that it is more effective and efficient.