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Indigenous Sanction of Expulsion in Central Aceh District (Human Rights Perspective)
- Source :
- Al Ihkam: Jurnal Hukum & Pranata Sosial, Vol 13, Iss 2, Pp 254-272 (2018)
- Publication Year :
- 2018
- Publisher :
- Institut Agama Islam Negeri Madura, 2018.
-
Abstract
- Aceh Province as an Islamic Sharia Regional has culture and customs based on the values of the Quran and Hadith. For the Acehnese people, customs and laws cannot be totally separated that Acehnese customary law continues to grow until the birth of Acehnese Qanun Number 9 of 2008 concerning the Development of Indigenous and Customary Life. In the implementation, the customary sanctions experience some obstacles due to their unwritten characteristic that made them slightly shifted by the presence of national law. As what happens nowadays in Central Aceh District which is famous with its traditional values, there found legal issues for the customary instrument (Sarak Opat) when the customary sanctions considered discriminatory and arbitrary. Therefore, the settlement of customary disputes must be in accordance with humanitarian principles prioritizing the principle of deliberation and peace although many obstacles still exist at the level of implementation because of lack of understanding by both community and customary instruments related to the implementation of customary itself.
- Subjects :
- Human Rights
Human rights
lcsh:Islam
media_common.quotation_subject
Custom
Islam
Indigenous
Traditional values
Sharia
Political science
Law
Sanctions
General Earth and Planetary Sciences
Indigenous Sanction
lcsh:BP1-253
Humanitarian principles
Settlement (litigation)
Aceh
media_common
General Environmental Science
Subjects
Details
- ISSN :
- 24423084 and 1907591X
- Volume :
- 13
- Database :
- OpenAIRE
- Journal :
- AL-IHKAM: Jurnal Hukum & Pranata Sosial
- Accession number :
- edsair.doi.dedup.....636437e76d2c797b5bbd5d94b8853da5