1
Ministry of Law and Human Rights, Indonesia
2
Faculty of Law and Sharia-Arrani State Islamic University, Indonesia
*Corresponding author. Email: ahyararigayo@gmail.com
ABSTRACT
The Aceh Government is given several special authority in managing its regions. One of the authorities is the
application of Islamic values to local communities which are regulated based on Qanun. Qanun is a statutory
regulation similar to a province/district/city regional regulation that regulates the administration of governance and
the life of the Acehnese . This paper describes the status and position of qanun in the Indonesian legal system. The
method used is normative juridical and empirical reinforcement through direct observation and using a qualitative
approach. Legitimately the enforcement of qanun jinayat is legal because the application of the rules is by the
derivation of the national law,. The implementation of Islamic law in Aceh is very much determined by the
agencies and institutions related to the enforcement of qanun laws. However, it is known that the public does not
know that there is a rule that applies and does not know that the regulation is in direct contact with their interests as
citizens and members of society. This ignorance is due to the lack or absence of socialization or the introduction of
the qanun during the midst of society.
Keywords: aceh, qanun, islamic law, government.
1. INTRODUCTION
With regard to social, cultural and economic
plurality that exists today, there are number of
national problems which include: First, National
Integration which includes; inter-ethnic relations,
inter-racial relations, the relationship between the
center and the regions, the relationship between
various development actors, social care among
community members and so on. [1] Second, the
Socio-Cultural Change which includes; changes in
the basic orientation of cultural values, changes in
traditional social systems, changes in the
implementation of the legal system, social
stratification, leadership patterns, advances in
communication technology, impacts of tourism and
so on. [2] Third, education which includes; gaps
between ideal education and reality in various local
and cultural situations, perceptions of education for
different cultures, socio-political functions of schools
as non-traditional institutions, disparities in
educational progress between regions and so on.
Fourth, Community Development which includes;
changes in family income and expenditure,
development constraints in certain areas, the rapid
flow of globalization, the impact of technological
advances, gaps in business opportunities, gaps in
access to law, and so on. [3]
The problems mentioned above, of course,
require an integrative handler with targeted
instruments. Various legal products in the form of
regulations and decisions must of course be able to
overcome the various existing diversity. Of course,
not all legal products can fulfill or satisfy all the
desires of society, especially in a pluralistic society.
However, if most of the aspects of life in society
have been protected and recognized by the
community as a limit to behavior in society, it can be
said that the relevant legal product has fulfilled the
sense of justice and legal certainty of the community.
[4]
In the socio-cultural plurality of Indonesia, the
function of law is very influential in regulating the
social order. Because, basically, the law does not
consider differences in ethnicity, class, position,
education and so on. In addition, Indonesian National
Law also comes from customary laws that apply in a
region. For example, Agrarian Law comes from
unwritten customary land laws. Like wise with
regard to inheritance and marriage apart from
customary law as well as from Islamic sharia law as
currently enforced by the qanun in the Aceh region
Copyright © 2021 The Authors. Published by Atlantis Press SARL.
This is an open access article distributed under the CC BY-NC 4.0 license -http://creativecommons.org/licenses/by-nc/4.0/. 369
Legitimation of Qanun in the
Indonesian Law System
Ahyar
1,*
Evi Djuniarti
1
Muhaimin
1
Eko Noer Kristiyanto
1
Ridwan Nurdin
2
Ali Abubakar
2
Advances in Social Science, Education and Humanities Research, volume 549
Proceedings of the 1st International Conference on Law and Human Rights 2020 (ICLHR 2020)