Logo
International Journal of
Law
ARCHIVES
VOL. 8, ISSUE 6 (2022)
A review of canings in Aceh: A justice and human rights perspective
Authors
Naqia Annisa Faradiz
Abstract
The enforcement of the caning law is one of the means of enforcing Islamic law in Aceh. Aceh is given the privilege of enforcing Islamic law through the Aceh Regional Government Law Number 23 of 2014. In the field of criminal law, one of the privileges carried out is the implementation of the uqubat of caning. In practice, the caning law that is implemented has drawn controversy from various circles. Many consider caning in Aceh as an act that violates human rights, in its implementation it is still considered selective and tends to be discriminatory. This study aims to identify and explain the caning punishment in terms of justice and human rights. The method used in this research is the normative legal method by adopting a constitutional approach, a conceptual approach that is supported by the natural law conception of Thomas Aquinas. Based on the results of the study, it is known that the implementation of the caning law in Aceh does not conflict with human rights. In practice, the use of whips in Aceh is still discriminatory. Based on the principle of equality before the law, Islamic law enforcers in Aceh must treat everyone equally to get justice.
Download
Pages:272-276
How to cite this article:
Naqia Annisa Faradiz "A review of canings in Aceh: A justice and human rights perspective". International Journal of Law, Vol 8, Issue 6, 2022, Pages 272-276
Download Author Certificate

Please enter the email address corresponding to this article submission to download your certificate.